Birth Information and Tracing Act 2022

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Number 14 of 2022

BIRTH INFORMATION AND TRACING ACT 2022

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Expenses

4. Orders

5. Additional institution

PART 2

Access to birth certificate, birth and other information and provided items

6. Relevant person may apply for copy of birth certificate

7. Provision of birth certificate to applicant under section 6 aged 18 years or over

8. Provision of birth certificate to applicant under section 6 aged between 16 and 18 years

9. Relevant body to provide birth information or image on application by relevant person aged 18 years or over

10. Authority to provide birth information or image on application by relevant person aged between 16 and 18 years

11. Relevant body to provide early life, care information or incorrect birth registration information on application by relevant person aged 18 years or over

12. Authority to provide early life or care information on application by relevant person aged between 16 and 18 years

13. Application for provided items

14. Application for provided items by relevant person aged between 16 and 18 years

15. Relevant body or Authority to provide medical information relating to relevant person on application by relevant person

16. Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by relevant person

17. Information session

18. Provision of information to relevant person who has not attained age of 18 years

19. Miscellaneous (Part 2)

PART 3

Access by qualifying person to birth certificate, birth and other information and provided items relating to relevant parent

20. Definitions (Part 3)

21. Relevant body to provide birth information relating to relevant parent on application by qualifying person

22. Relevant body to provide early life, care information or incorrect birth registration information relating to relevant parent on application by qualifying person

23. Application by qualifying person for certain provided items

24. Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by qualifying person

25. Miscellaneous (Part 3)

PART 4

Access by qualifying relative to birth and other information and provided items relating to relevant relative

26. Definitions (Part 4)

27. Relevant body to provide birth information relating to relevant relative on application by qualifying relative

28. Relevant body to provide early life, care information or incorrect birth registration information relating to relevant relative on application by qualifying relative

29. Application by qualifying relative for certain provided items (Part 4)

30. Relevant body to provide medical information relating to relevant relative on application by qualifying relative

31. Miscellaneous (Part 4)

PART 5

Tracing service

32. Agency and Authority may provide a tracing service on application

33. Minister may authorise Agency and Authority to conduct review or trace

34. Agency and Authority may request information

35. Agency or the Authority to facilitate contact between parties or to share information between parties

36. Application by certain adopted person for tracing service in another jurisdiction

37. Guidelines (Part 5)

PART 6

Contact Preference Register

38. Contact Preference Register

39. Lodging of information and items

40. Authority to communicate matches on register and share information and items

41. Applicants for entry on register to be informed of provisions of Part 5

42. Transfer of information and preferences from National Adoption Contact Preference Register

PART 7

Safeguarding relevant records

43. Minister may prescribe relevant record, secondary information source

44. Information source to retain and maintain records

45. Obligation of secondary information source in respect of relevant records

46. Obligation of other person in respect of relevant records

47. Secondary information source or other person may request transfer of relevant record

48. Authority may direct transfer to it of relevant record

49. Authority and Agency to retain relevant records in respect of future adoptions

50. Search powers

51. Authorised officers

PART 8

Amendment of Succession Act 1965

52. Definition (Part 8)

53. Amendment of section 4A of Act of 1965

54. Special provisions in relation to affected persons

55. Amendment of section 68 of Act of 1965

56. Share of relatives: special provision

PART 9

Amendment of Civil Registration Act 2004

57. Register under Part 3B of Civil Registration Act 2004

58. Consequential amendments to Act of 2004

PART 10

Miscellaneous

59. Provision relating to persons the subject of incorrect birth registration

60. Public information campaign

61. Designation of relevant bodies

62. Processing of information contained in database and records of Commission of Investigation into Mother and Baby Homes

63. Agency and Authority to offer assistance and support

64. Offences

65. Immunity

66. Processing of personal data and special categories of personal data

67. Regulations for purpose of data protection

68. Restriction of rights and obligations under General Data Protection Regulation

69. Counselling support for parents and relevant persons

70. Review of operation of Act

PART 11

Amendment of enactments

71. Amendment to National Archives Act 1986

72. Amendment of Adoption Act 2010

SCHEDULE

Acts Referred to

Adoption Act 1952 (No. 25)

Adoption Act 2010 (No. 21)

Child Care Act 1991 (No. 17)

Children Act 1908 (8 Edw. 7, c. 67)

Civil Registration Act 2004 (No. 3)

Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (No. 20)

Commissions of Investigation Act 2004 (No. 23)

Companies Act 2014 (No. 38)

Data Protection Act 2018 (No. 7)

Health Act 1970 (No. 1)

Local Government Act 2001 (No. 37)

Medical Practitioners Act 2007 (No. 25)

National Archives Act 1986 (No. 11)

Succession Act 1965 (No. 27)

Number 14 of 2022

BIRTH INFORMATION AND TRACING ACT 2022

An Act to make further and better provision in respect of access by certain persons to information concerning their origins and, for that purpose, to provide for the access by adopted persons and persons who have been the subject of incorrect birth registrations or certain care arrangements to their birth certificates and other information and items relating to them; to provide, where such persons are deceased, for the access in certain circumstances by their children or other next of kin to such information or items; to provide for the making available, by the Adoption Authority of Ireland and the Child and Family Agency, of a service for the tracing of certain persons; to provide for the establishment and maintenance of a register to be known as the Contact Preference Register; to provide for the safeguarding and transfer to the Adoption Authority of Ireland of certain records relating to the birth, adoption and care of certain persons; to amend the Succession Act 1965 to make provision in respect of persons who have been the subject of incorrect birth registrations; to amend the Civil Registration Act 2004 to make additional provision in respect of persons who are the subject of incorrect birth registrations; to amend the National Archives Act 1986 ; to amend the Adoption Act 2010 ; and to provide for related matters.

[30th June, 2022]

Be it enacted by the Oireachtas as follows: