Legalize / Ireland / Act

Birth Information and Tracing Act 2022

Type Act

Publication 2022-06-30

Last updated 2023-07-20

State In force

Source Irish Statute Book

articles 72

Reform history JSON API

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Birth Information and Tracing Act 2022.

(2) Subject to subsection (3), this Act, other than Parts 8 and 9, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be appointed for different purposes or different provisions.

(3) Part 2 shall come into operation on such day or days, not earlier than 3 months after the date on which Part 6 comes into operation, as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be appointed for different purposes or different provisions.

(4) Part 9 shall come into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be appointed for different purposes or different provisions.

2. Interpretation

2. (1) In this Act—

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2010” means the Adoption Act 2010;

“accredited body” has the meaning it has in section 3 of the Act of 2010;

“adopted child” means an adopted person who has not attained the age of 18 years;

“adopted person” means a person—

(a) adopted under an adoption order,

(b) born in the State and—

(i) placed for adoption outside the State by An Bord Uchtála, a person who was at the time a registered adoption society, the Authority or the Agency, or

(ii) removed from the State by any other person for the purpose of the effecting of his or her adoption outside the State,

and whose adoption was effected outside the State,

(c) adopted, in accordance with the law in force in the place at the time of the adoption, in a place outside the State, where the particulars of his or her adoption are entered in the register of intercountry adoptions, or

(d) otherwise adopted in accordance with the law in force in the State at the time of the adoption;

“adoption order” has the same meaning as it has in the Act of 2010;

“adoptive parent” means, in relation to an adopted person, a person who has adopted him or her, and “adoptive father” and “adoptive mother” shall be construed accordingly;

“Agency” means the Child and Family Agency;

“AIRR Archive” means the database of historical child care records compiled by the Department of Health under the Access to Institutional and Related Records Project;

“authorised officer” means an authorised officer appointed under section 51;

“Authority” means the Adoption Authority of Ireland;

“birth certificate” means a document issued under section 13(4) of the Civil Registration Act 2004;

“birth information” means, in relation to a person, the following information relating to the person at the time of his or her birth:

(a) the date, place and time of his or her birth;

(b) his or her sex;

(d) the forename, surname, birth surname, address, occupation, date of birth, civil status and, where applicable, former surname of his or her mother;

(e) the birth surname of his or her mother’s mother;

(f) the forename, surname, birth surname, address, occupation, date of birth, civil status and, where applicable, former surname of his or her father;

(g) the birth surname of his or her father’s mother;

“boarded out arrangement” means an arrangement under which a child was placed by a local authority or health board in a foster home at which care of the child was provided in exchange for a fee;

“care arrangement” means—

(a) a nursed out arrangement,

(b) a boarded out arrangement,

(i) subject to subparagraph (ii), within the meaning of section 36(2) of the Child Care Act 1991, or

(ii) where the arrangement concerned was made before the coming into operation of the provision referred to in subparagraph (i), in accordance with the law in force in the State at the time the arrangement was made,

whether or not the foster parent became the adoptive parent of the child,

(d) an arrangement made under section 36(1)(d) of the Child Care Act 1991, under which a child was placed with a relative,

(e) an arrangement under which a child was cared for as a resident of an institution specified in the Schedule, or

(f) an arrangement under which a child was placed with a prospective adoptive parent, whether or not the prospective adoptive parent became the adoptive parent of the child;

“care information” means, in relation to a person who, at any time in the period following his or her birth and ending on the date on which he or she attained the age of 18 years, was the subject of a care arrangement, information in relation to the care arrangement, and includes—

(a) the name of any person who was a party to the care arrangement,

(b) where the person was cared for as a resident of an institution specified in the Schedule —

(i) the name of the person in charge of the institution, and

(ii) where the person was cared for in a part of the institution, the name of the person in charge of that part,

at the time the care was provided,

(d) the dates on which the care arrangement commenced and ceased, and

(e) the name of the person who made the care arrangement;

“data controller” has the meaning it has in the General Data Protection Regulation;

“designated person” shall be construed in accordance with section 19;

“early life information” means, in relation to a person, information that relates to him or her at any time in the period following his or her birth and ending on the date on which he or she attained the age of 18 years and includes—

(a) the place at which he or she resided and the dates during which he or she resided at that place,

(b) where applicable, information relating to his or her baptism or any other ceremony of a religious or spiritual nature performed in the period in respect of him or her, which shall include, where available—

(i) information on the date and place of the baptism or ceremony,

(ii) in the case of his or her baptism—

(I) the certificate of baptism, and

(II) the entry in a register of baptisms,

and

(iii) in the case of any other ceremony of a religious or spiritual nature performed on him or her, any equivalent document to a document specified in subparagraph (ii),

(d) a photograph or other image of him or her,

(e) information on his or her health, physical or emotional development,

(f) information on any medical treatments, procedures or vaccinations administered to him or her,

(g) the duration of the period during which his or her mother remained with him or her in the same place of residence, and the dates on which that period commenced and ended,

(h) information on whether he or she left the place referred to in paragraph (g) with, or separately from, his or her mother,

(i) information on whether any person visited or inquired in relation to him or her, which information includes the name of the other person and, where applicable, the degree of relationship of the other person to him or her,

(j) information on whether any person made arrangements for the adoption of the person, whether or not an adoption was effected in respect of him or her, which information includes the name of the person who made the arrangements, and

(k) where an adoption was effected in respect of him or her, the name of each adoptive parent;

“electronic communications technology” means technology that enables real time transmission and real time two-way audio-visual or audio communication;

“father” means, in relation to a person, the man who, at the time of the person’s birth, was his or her father;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“genetic relative” means, in relation to a person—

(a) his or her mother or father,

(b) a child or parent of his or her mother or father,

(c) a sibling, uncle, aunt or first-cousin of his or her mother or father, whether the relationship is of the whole blood or half blood, or

(d) a person to whom, but for the adoption of any person, paragraph (b) or (c) would apply;

“genetic relative information” means, in relation to a person, the following information:

(a) whether the person has a genetic relative, or had such a relative who is deceased;

(b) where the person has a genetic sibling or had such a sibling who is deceased—

(i) the sex of the genetic sibling, and

(ii) whether the genetic sibling is or was older or younger than the person;

“genetic sibling” means, in relation to a person, a person who shares the same mother or father, or both, as him or her;

“incorrect birth registration information” means, in relation to a person who is the subject of an incorrect birth registration—

(a) the circumstances under which the person became the subject of an incorrect birth registration, and

(b) the name of the person who made arrangements for the incorrect birth registration;

“information source” means a primary information source or a secondary information source;

“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001;

“medical information” means, in relation to a person, information relating to his or her medical history;

“medical practitioner” means a medical practitioner who is for the time being registered in the register of medical practitioners established under section 43 of the Medical Practitioners Act 2007;

“Minister” means the Minister for Children, Equality, Disability, Integration and Youth;

“mother” means, in relation to a person, the woman who gave birth to him or her;

“National Adoption Contact Preference Register” means the register of contact preferences of that name established in 2005 and, immediately before the date on which section 42 comes into operation, maintained by the Authority;

“nursed out arrangement” means an arrangement—

(a) under which a child was placed in a foster home at which care of the child was provided in exchange for a fee, and

(b) notice of which was required by or under the Children Act 1908 to be given to a local authority;

“parent” subject to section 32(7) and 38(16), means, in relation to a person, his or her mother or father;

“personal data” has the meaning it has in the General Data Protection Regulation;

“prescribe” means prescribe by regulation;

“primary information source” means the Authority or the Agency;

“processing” has the meaning it has in the General Data Protection Regulation;

“provided item” means an item, including a letter, photograph, memento or other document or object held by a relevant body that was provided, whether to the Agency, Authority or any other person, by or on behalf of a parent or genetic relative of a relevant person, or another person involved in the provision of care of the relevant person, for the purpose of its being made available to the relevant person in the event that it were to be sought by or on behalf of him or her, whether the items have been so provided before, on or after the date on which—

(a) this section comes into operation, or

(b) the relevant person became a relevant person,

and includes an item lodged in accordance with section 39(1);

“register of births” means a register of births maintained by An tArd-Chláraitheoir under section 13(1)(a) of the Act of 2004, as amended, or under the repealed enactments (within the meaning of that Act);

“registered adoption society” means a registered adoption society within the meaning of section 3 of the Adoption Act 1952;

“relevant body” means one of the following:

(a) the Agency;

(b) the Authority;

“relevant guardian” means, in relation to an adopted person, the person who, at the time of the adoption of the adopted person, was his or her guardian and—

(a) consented, in accordance with section 26 of the Act of 2010, to the making of an adoption order in respect of the adopted person, or

(b) otherwise, and in accordance with the law in force in the State at the time of the adoption, consented to the adoption;

“relevant person” means a person who is one or more than one of the following—

(a) an adopted person,

(b) a person who is, or who has reasonable grounds for suspecting that he or she is, the subject of an incorrect birth registration, or

(c) a person who has been, or who has reasonable grounds for suspecting that he or she has been, at any time in the period following his or her birth and ending on the date on which he or she attained the age of 18 years—

(i) resident in an institution specified in the Schedule, or

(ii) the subject of a nursed out arrangement or a boarded out arrangement;

“relevant record” means a record—

(a) relating to a relevant person that contains birth information, early life information, care information or medical information relating to him or her, or a photograph or other image of his mother, father or other genetic relative,

(b) containing or noting a communication from a parent or genetic relative relating to a relevant person, that is held by the Agency, the Authority or a secondary information source,

(c) containing or noting a communication from a relevant person relating to a parent or genetic relative that is held by the Agency, the Authority or a secondary information source,

(d) held by the Department of Foreign Affairs relating to the departure from the State, in the period commencing on 1 January 1940 and ending on 31 December 1979, of a child—

(i) for the purpose of the effecting of his or her adoption outside the State, or

(ii) adopted under an adoption order by a person resident in a place outside the State, for the purpose of the child residing with the person,

(e) prescribed, or a record of a class prescribed, under section 43(1);

“secondary information source” means one of the following:

(a) the Minister for Children, Equality, Disability, Integration and Youth;

(b) the Minister for Education;

(d) the Minister for Health;

(e) the data controller of the AIRR archive;

(f) the Health Service Executive;

(g) a registered adoption society;

(h) an accredited body;

(i) a person prescribed under section 43(2);

“special categories of personal data” has the meaning it has in the Data Protection Act 2018.

(2) For the purposes of this Act, a person (“first mentioned person”) is the subject of an incorrect birth registration where—

(a) as a result of the giving of information that was false or misleading, the name of a person other than the mother of the first mentioned person was entered in the register of births as the mother of the first mentioned person, and

(b) the person named as mother and, if applicable, father in the entry assumed the role of a parent in relation to the first mentioned person and treated the first mentioned person as her or their lawful child,

whether or not the entry has been corrected or cancelled pursuant to Part 3B (inserted by Part 9) or section 63, 64 or 65 of the Act of 2004.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

4. Orders

4. Every order, other than an order under subsection (2), (3) or (4) of section 1, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Additional institution

5. (1) The Minister may, by order, provide for the insertion in the Schedule of any institution that was established or operated for the purpose of providing care to children in which children were placed and resident and in respect of which a public body has or had a regulatory or inspection function.

(2) F1[In this section,]“public body” means—

(a) a Minister of the Government,

(b) a local authority, or

(c) a body (other than a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) established by or under any enactment.

PART 2 Access to birth certificate, birth and other information and provided items

6. Relevant person may apply for copy of birth certificate

6. (1) Subject to this section and sections 7 and 8, an tArd-Chláraitheoir shall, on application by a relevant person who has attained the age of 16 years to him or her in that behalf in writing and on payment to him or her of such fee as may be prescribed by the Minister for Social Protection—

(a) search the register of births and the index thereto, together with the Adopted Children Register and the index provided for under section 86(1) of the Act of 2010, and

(b) give the relevant person or, where section 8 applies, the Authority—

(i) a copy, certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register of births pertaining to the birth of the relevant person.

(2) Subject to this section and sections 7 and 8, a relevant body that holds a birth certificate in respect of a relevant person who has attained the age of 16 years shall, on application to it in writing by the relevant person, provide the relevant person or, where section 8 applies, the Authority with a copy of the birth certificate.

(3) An application under subsection (1) or (2) shall—

(a) be in such form as the recipient body concerned may specify, and

(b) include such contact details of the applicant as are required for the performance by the recipient body and the Authority of their functions under this Part.

(4) (a) An tArd-Chláraitheoir, where he or she conducts a search under subsection (1)(a) and finds no entry in the register of births pertaining to the birth of the applicant concerned shall, in writing and without delay, inform the applicant of that fact.

(b) A relevant body that receives an application under subsection (2), where it does not hold the birth certificate to which the application relates, shall, in writing and without delay, inform the applicant of that fact.

(5) In this section and sections 7 and 8 —

“applicant” means, in relation to an application under subsection (1) or (2), the relevant person who makes the application;

“recipient body” means, as the case may be—

(a) an tArd-Chláraitheoir, or

(b) a relevant body that receives an application under subsection (2).

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

7. (1) On receipt of an application referred to in subsection (1) or (2) of section 6 made by an applicant who has attained the age of 18 years, the recipient body shall, unless subsection (4) of that section applies or it is satisfied that each relevant parent is deceased, inform the Authority of the application and ascertain from the Authority, in respect of each relevant parent, whether, on the basis of the information available to it, any of the following applies:

(a) he or she has not made a statement under section 38(11);

(b) he or she has made a statement under section 38(11) that either of the following applies:

(i) he or she is seeking to have contact with the applicant;

(ii) he or she is willing to be contacted by the applicant;

(c) he or she has made a statement under section 38(11) that he or she is not willing to be contacted by the applicant, and an information session has already taken place;

(d) he or she, to the knowledge of the Authority, is deceased;

(e) he or she is not willing to be contacted by the applicant and no information session has taken place.

(2) The recipient body shall comply with subsection (3) where one of the following applies in respect of each relevant parent:

(a) the recipient body has, under subsection (1), ascertained from the Authority that paragraph (a), (b), (c) or (d) of that subsection applies in relation to the relevant parent;

(b) the recipient body is satisfied, whether on the basis of information obtained from the Authority under this section or other information, that the relevant parent is deceased.

(3) Where subsection (2) applies, the recipient body shall—

(a) comply with subsection (1) or (2), as the case may be, of section 6, and

(b) in so complying, where paragraph (a) or (b) of subsection (1) applies in relation to a relevant parent, inform the applicant, in accordance with guidelines under section 19(1), of that fact.

(4) Where the recipient body, under subsection (1), ascertains from the Authority that paragraph (e) of that subsection applies in relation to a relevant parent, it shall—

(a) provide the Authority with the contact details of the applicant, and

(b) comply with subsection (1) or (2), as the case may be, of section 6 only where it has received a notification under section 17(4)(a) of the completion of an information session in respect of the relevant parent concerned with the applicant.

(5) In this section and section 8, “relevant parent” means, in relation to the entry in the register of births pertaining to a relevant person or the birth certificate of a relevant person, the person, or each person, who is named in the entry or, as the case may be, on the birth certificate as a parent of the relevant person.

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

8. (1) On receipt of an application referred to in subsection (1) or (2) of section 6 made by an applicant who has not attained the age of 18 years, the recipient body, unless subsection (4) of that section applies, shall inform the Authority of the application and provide the Authority with—

(a) as the case may be, a document specified in paragraph (b) of subsection (1), or the document specified in subsection (2), of that section, and

(b) the contact details of the applicant.

(2) On receipt of the document referred to in subsection (1), the Authority shall on the basis of the information available to it establish, in relation to each relevant parent, as to whether any of the following apply:

(a) he or she has not made a statement under section 38(11);

(b) he or she has made a statement under section 38(11) that either of the following applies:

(i) he or she is seeking to have contact with the applicant;

(ii) he or she is willing to be contacted by the applicant;

(c) he or she has made a statement under section 38(11) that he or she is not willing to be contacted by the applicant, and an information session has already taken place;

(d) he or she is deceased;

(e) he or she is not willing to be contacted by the applicant and no information session has taken place.

(3) Where paragraph (a), (b), (c) or (d) of subsection (2) applies in respect of the relevant parent (or, as the case may be, each relevant parent), the Authority shall, in accordance with section 18, provide the applicant with the document provided to it under subsection (1)(a).

(4) Where paragraph (e) of subsection (2) applies in respect of a relevant parent, the Authority shall—

(a) hold an information session in respect of the relevant person concerned with the applicant, and

(b) whether at the same time as the information session referred to in paragraph (a), or at a later time, provide the applicant, in accordance with section 18, with the document provided to it under subsection (1)(a).

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

9. (1) A relevant person who has attained the age of 18 years (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of either or both of the following that is held by the relevant body:

(a) the birth information that relates to him or her;

(b) a photograph or other image of his or her mother or father contained in a record specified in subsection (8).

(2) An application under subsection (1) shall—

(a) be in such form as the relevant body concerned may specify, and

(b) include such contact details of the applicant as the relevant body concerned may specify, being such contact details as are required for the performance by the relevant body and the Authority of their functions under this Part.

(3) Subject to this section, a relevant body, on application to it in accordance with this section—

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records specified in subsection (8) that it holds that contain the birth information to which the application relates,

(b) may provide the applicant with a statement setting out the birth information contained in the records that it holds, and

(c) in the case of an application for a photograph or other image referred to in subsection (1)(b), shall, as it considers appropriate—

(i) provide the applicant with the photograph or other image, and retain a copy, or

(ii) retain the photograph or other image and provide the applicant with a copy.

(4) On receipt of an application under subsection (1), the relevant body, before complying with subsection (3), shall, subject to subsection (9) and unless it is satisfied that each relevant parent is deceased, inform the Authority of the application and ascertain from the Authority, in respect of each relevant parent, as to whether, on the basis of the information available to it, any of the following applies:

(a) he or she has not made a statement under section 38(11);

(b) he or she has made a statement under section 38(11) that either of the following applies:

(i) he or she is seeking to have contact with the applicant;

(ii) he or she is willing to be contacted by the applicant;

(c) he or she has made a statement under section 38(11) that he or she is not willing to be contacted by the applicant, and an information session has already taken place;

(d) he or she, to the knowledge of the Authority, is deceased;

(e) he or she is not willing to be contacted by the applicant and no information session has taken place.

(5) The relevant body shall comply with subsection (6) where one of the following applies in respect of each relevant parent:

(a) it has, under subsection (4), ascertained from the Authority that paragraph (a), (b), (c) or (d) of that subsection applies in relation to the relevant parent;

(b) it is satisfied, whether on the basis of information obtained from the Authority under this section or other information, that the relevant parent is deceased.

(6) Where subsection (5) applies, the relevant body shall—

(a) comply with subsection (3), and

(b) in so complying, where paragraph (a) or (b) of subsection (4) applies in relation to a relevant parent, inform the applicant, in accordance with guidelines under section 19(1), of that fact.

(7) The relevant body, where it, under subsection (4), ascertains that paragraph (e) of that subsection applies in relation to a parent, shall—

(a) provide the Authority with the contact details of the applicant, and

(b) comply with subsection (3) only where it has received a notification under section 17(4)(a) of the completion of an information session in respect of the relevant parent concerned with the applicant.

(8) The records referred to in subsection (3)(a) and section 10(3) are the following:

(a) a record relating to a person’s birth, the registration of a person’s birth or a person’s adoption, including an adoption order made in respect of the person;

(b) a record created or held by a registered adoption society or an institution specified in the Schedule;

(9) Where a relevant body that receives an application under subsection (3) does not hold the birth information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.

(10) In this section and section 10, “relevant parent” means—

(a) in relation to birth information relating to an applicant, a person, or each person, who is named as a parent of the applicant in the records containing the birth information concerned, and

(b) in relation to a photograph or other image of a parent of an applicant, a parent of the applicant whose image is contained in the photograph or other image concerned.

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

10. (1) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years (in this section referred to as an “applicant”) may apply in writing to the Authority for the provision by the Authority to him or her of either or both of the following that is held by it or by the Agency:

(a) the birth information that relates to him or her;

(b) a photograph or other image of his or her mother or father contained in a record specified in section 9(8).

(2) An application under subsection (1) shall—

(a) be in such form as the Authority may specify, and

(b) include such contact details of the applicant as the Authority may specify, being such contact details as are required for the performance by the Authority of its functions under this Part.

(3) Subject to this section, the Authority, on application to it in accordance with this section—

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records specified in section 9(8) that it or the Agency holds that contain the birth information to which the application relates,

(b) may provide the applicant with a statement setting out the birth information contained in the records that it or the Agency holds, and

(c) in the case of an application for a photograph or other image referred to in subsection (1)(b), shall, as it considers appropriate—

(i) provide the applicant with the photograph or other image, and retain a copy, or

(ii) retain the photograph or other image and provide the applicant with a copy.

(4) On receipt of an application under subsection (1), the Authority shall, subject to subsection (7) on the basis of the information available to it establish, in relation to each relevant parent, as to whether any of the following applies:

(a) he or she has not made a statement under section 38(11);

(b) he or she has made a statement under section 38(11) that either of the following applies:

(i) he or she is seeking to have contact with the applicant;

(ii) he or she is willing to be contacted by the applicant;

(c) he or she has made a statement under section 38(11) that he or she is not willing to be contacted by the applicant, and an information session has already taken place;

(d) he or she is deceased;

(e) he or she is not willing to be contacted by the applicant and no information session has taken place.

(5) Where paragraph (a), (b), (c) or (d) of subsection (4) applies in respect of the relevant parent (or, as the case may be, each relevant parent) the Authority shall, in accordance with section 18, provide the applicant with the information, photograph or other image referred to in subsection (3).

(6) Where paragraph (e) of subsection (4) applies in respect of a relevant parent, the Authority shall—

(a) hold an information session with the applicant, and

(b) whether at the same time as the information session referred to in paragraph (a), or at a later time, provide the applicant, in accordance with section 18, with the information referred to in subsection (3).

(7) Where the Authority or Agency does not hold the birth information to which an application under subsection (1) relates, the Authority shall, in writing and without delay, inform the applicant of that fact.

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

11. (1) A relevant person who has attained the age of 18 years may apply in writing to a relevant body for the provision by the relevant body to him or her of any or all of the following that is held by the relevant body and that relates to him or her:

(a) early life information;

(b) care information;

(2) Subject to subsection (3), a relevant body on application to it made under this section—

(a) shall, to the extent that it is practicable to do so, provide the relevant person with a copy of the records it holds that contain the early life information, care information or incorrect birth registration information to which the application relates,

(b) may provide the relevant person with a statement setting out the early life information, care information or incorrect birth registration information to which the application relates that is contained in the records that it holds, and

(c) where the early life information to which the application relates includes a photograph or other image of the applicant, shall, as it considers appropriate—

(i) provide the applicant with the photograph or other image, and retain a copy, or

(ii) retain the photograph or other image and provide the applicant with a copy.

(3) Where a relevant body that receives an application made in accordance with subsection (1) does not hold the information to which the application relates, it shall, in writing and without delay, inform the relevant person concerned of that fact.

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

12. (1) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years may apply in writing to the Authority for the provision by it to him or her of any or all of the following that is held by it or by the Agency and that relates to him or her:

(a) early life information;

(b) care information.

(2) Subject to this section, the Authority, on application made to it under this section, and in accordance with section 18 —

(a) shall, to the extent that it is practicable to do so, provide the relevant person with a copy of the records that it or the Agency holds that contain the early life information and care information to which the application relates,

(b) may provide the relevant person with a statement setting out the early life information and care information to which the application relates that is contained in the records that it or the Agency holds, and

(c) where the early life information to which the application relates includes a photograph or other image of the applicant, shall, as it considers appropriate—

(i) provide the applicant with the photograph or other image, and retain a copy, or

(ii) retain the photograph or other image and provide the applicant with a copy.

(3) Where the Authority or the Agency does not hold the information to which an application under subsection (1) relates, the Authority shall, in writing and without delay, inform the relevant person concerned of that fact.

13. Application for provided items

13. (1) A person referred to in paragraph (a) or (b) of subsection (2) (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by it to him or her of a specified provided item, or any provided item, that is held by it and that was provided for the purpose of its being made available to him or her or, in the case of an applicant referred to in subsection (2)(b), the adopted child concerned.

(2) An application under subsection (1) may be made by—

(a) a relevant person who has attained the age of 18 years, or

(b) an adoptive parent, on behalf of his or her adopted child who has not attained the age of 16 years.

(3) The relevant body concerned, on receipt of an application made under subsection (1), shall—

(a) provide the applicant with the provided item concerned, or

(b) where it is not in possession of the item to which the application relates, inform the applicant, in writing and without delay, of that fact.

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

14. (1) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by it to him or her of a specified provided item, or any provided item, that was provided for the purpose of its being made available to the relevant person and that is held by it.

(2) The relevant body to which the application relates, on receipt of an application made in accordance with subsection (1), shall in accordance with section 18 —

(a) provide the applicant with the provided item to which the application relates, or

(b) where it is not in possession of the item to which the application relates, inform the applicant of that fact.

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

15. (1) A relevant person who has attained the age of 18 years may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by it, and

(b) relates to him or her.

(2) Subject to this section, a relevant body, on application to it made in accordance with subsection (1) —

(a) shall, to the extent that it is practicable to do so, provide the relevant person with a copy of the records specified in subsection (6) that it holds that contain the medical information to which the application relates, and

(b) may provide the relevant person with a statement setting out the medical information to which the application relates that is contained in the records referred to in paragraph (a).

(3) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years may apply in writing to the Authority for the provision by it to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by the Authority or by the Agency, and

(b) relates to him or her.

(4) Subject to this section, a relevant body, on application to it made in accordance with subsection (3), and in accordance with section 18 —

(b) may provide the relevant person with a statement setting out the medical information to which the application relates that is contained in the records referred to in paragraph (a).

(5) Where a relevant body that receives an application under subsection (1) or (3) does not hold the information to which the application relates, it shall, in writing and without delay, inform the relevant person concerned of that fact.

(6) This section and section 16 apply to a record—

(a) relating to the adoption of a person,

(b) relating to a care arrangement, or

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

16. (1) A relevant person who has attained the age of 18 years may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by it,

(b) relates to his or her genetic relative, and

(2) A relevant body that holds a record to which this section applies, on application to it under subsection (1), shall provide the relevant person concerned with the information to which the application relates only—

(a) where it is satisfied, including having regard to guidelines issued under subsection (6), that the information applied for is relevant to the health of the relevant person, and

(b) through the medical practitioner or, where the relevant person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the relevant person.

(a) is contained in a record to which this section applies that is held by the Authority or by the Agency,

(b) relates to his or her genetic relative, and

(4) The Authority, on application to it under subsection (3), shall provide the relevant person concerned with the information to which the application relates only—

(a) where it is satisfied, including having regard to guidelines issued under subsection (6), that the information applied for is relevant to the health of the relevant person, and

(b) through the medical practitioner or, where the relevant person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the relevant person.

(5) In providing medical information in accordance with subsection (2) or (4), the relevant body or Authority, as the case may be, shall comply with any regulations under section 67 and guidelines under this section and section 19(1) and shall not disclose—

(a) the name, or

(b) the genetic relationship with the relevant person,

of the genetic relative to whom the information relates.

(6) The Minister may issue guidelines in respect of the type of medical information relating to a genetic relative that is, or is likely to be, relevant to the health of a relevant person.

(7) In preparing guidelines under subsection (6), the Minister may consult with such persons, including persons with expertise in the area of hereditary medical conditions, as he or she considers appropriate.

(8) Where a relevant body that receives an application under subsection (1) or (3) does not hold the information to which the application relates, it shall, in writing and without delay, inform the relevant person concerned of that fact.

(9) For the purposes of this section, medical information the subject of an application under subsection (1) or (3) is relevant to the health of a relevant person where—

(a) it relates to a medical condition of the genetic relative concerned, or the absence of such a condition, and

(b) by virtue of the genetic relationship between the relevant person and the genetic relative concerned, access by the relevant person to the information is likely to be of substantial benefit to the maintenance or management of the person’s health or the health of another person related to the person.

17. Information session

17. (1) The Authority, where section 8(4) or 10(6) applies, or on receipt by it of the contact details of a relevant person under section 7(4)(a) or 9(7)(a), shall arrange for—

(a) the making of contact with the relevant person concerned, and

(b) the holding with him or her of a session in accordance with subsection (2) (in this Act referred to as an “information session”).

(2) For the purposes of this Act, an information session is a session held between the relevant person and a designated person, at which the designated person informs the relevant person of—

(a) the entitlement of the relevant person to obtain, in accordance with this Act, his or her birth certificate, or birth information relating to him or her, as the case may be, and

(b) the fact that—

(i) the parent concerned has exercised his or her entitlement under section 38(11) to state that he or she is not willing to be contacted by the relevant person, and

(ii) the making of that statement by the parent constitutes an exercise by him or her of his or her right to privacy.

(3) For the purposes of subsection (2), the participants in an information session need not be in the one place, provided that each participant is able, directly or by means of electronic communications technology, to speak to, and to be heard by, the other participants.

(4) On completion of an information session, the designated person concerned shall confirm this fact in writing and provide a notification of the fact to—

(a) where applicable, the recipient body or relevant body concerned, for the purposes of section 7(4)(b) or 9(7)(b), as the case may be, and

(b) the Authority, for the purposes of—

(i) where applicable, section 8(4) or 10(6), as the case may be, and

(ii) compliance by the Authority with subsection (5).

(5) The Authority, on receipt of a notification under subsection (4)(b), shall, for the purposes of section 38(7)(i), record in the entry in the register in respect of the parent and relevant person concerned, the fact that the information session has taken place.

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

18. (1) Where the Authority is required, under section 8(3) or (4)(b), 10(5) or (6)(b), 12(2), 14(2)(a) or 15 to provide information or a provided item to a relevant person who has attained the age of 16 years but who has not attained the age of 18 years, it shall—

(a) hold a meeting in accordance with subsection (2), and

(b) at the meeting, or as soon as practicable after the meeting, provide the relevant person with the information or item concerned.

(2) A meeting referred to in subsection (1)(a) is a meeting—

(a) held between the relevant person concerned and a designated person, and

(b) at which—

(i) the relevant person may be accompanied by a person of his or her choosing, and

(ii) the participants need not be in the one place, provided that each participant is able, directly or by means of electronic communications technology, to speak to, and to be heard by, the other participants.

(3) The Agency and the Authority shall each provide the other body with such information as is necessary for the performance by the other body of its functions under this section.

19. Miscellaneous (Part 2)

19. (1) The Minister may issue guidelines for the purpose of providing practical guidance to the Agency, the Authority or a relevant body in respect of the performance by it of its functions under this Part.

(2) Without prejudice to the generality of subsection (1), guidelines under that subsection may specify—

(a) the procedures to be followed by a relevant body in ascertaining the matters referred to in section 7(1) or 9(4), and

(b) the manner in which the information referred to in section 7(3)(b) or 9(2)(b) is to be provided to a relevant person.

(3) Subject to subsection (4), the Authority may designate such—

(a) a person, being an employee of the Authority or Agency or a person engaged by the Authority, or

(b) class of persons referred to in paragraph (a),

as it considers suitable to perform the functions of a designated person under this Part specified in the designation.

(4) A reference in section 17 or section 18 to a designated person shall be construed as a reference to a person, or a person of a class, designated under subsection (3) in respect of the performance of the functions of a designated person under the section concerned.

(5) A relevant body shall, no later than one month after the date on which it receives an application made in accordance with the section concerned—

(a) comply, as applicable, with section 9(3), 10(3), 11(2), 12(2), 13(3), 14(2), 15(2) or 15(4),

(b) comply, as applicable, with section 9(9), 10(7), 11(3), 12(3) or 15(5), or

(c) where subsection (7) applies, inform the applicant concerned of that fact and the reasons for it, and of the effect of the subsection.

(6) A relevant body, when complying with section 9(9), 10(7), 11(3), 12(3), 15(5) or 16(8) shall, in addition, inform the applicant concerned, as relevant and appropriate, of his or her right or, in the case of an applicant who has not attained the age of 18 years, the right of a person to make an application under Part 5 and under section 38(3).

(7) Where a relevant body is unable, due to the complexity of the application concerned or the nature of the information, document or item sought under the application, to comply with paragraph (a) or (b) of subsection (5), it shall comply with either paragraph not later than three months after the date on which it receives an application.

PART 3 Access by qualifying person to birth certificate, birth and other information and provided items relating to relevant parent

20. Definitions (Part 3)

20. In this Part—

“relevant parent” means, in relation to a qualifying person, the deceased relevant person, referred to in paragraph (b) of the definition of “qualifying person”;

“qualifying person” means a person—

(a) who has attained the age of 18 years, and

(b) whose mother or father or, as the case may be, adoptive mother or adoptive father—

(i) was a relevant person, and

(ii) is deceased.

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

21. (1) A qualifying person (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of the birth information that is held by the relevant body and that relates to his or her relevant parent.

(2) Subject to this section, a relevant body, on application to it in accordance with subsection (1) —

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records specified in subsection (4) that it holds that contain the birth information to which the application relates, and

(b) may provide the applicant with a statement setting out the birth information contained in the records that it holds.

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying person, and

(b) each person named in the records containing the birth information concerned as a parent of the relevant parent concerned is deceased.

(4) The records referred to in subsection (2)(a) are the following:

(a) a record relating to a person’s birth, the registration of a person’s birth or a person’s adoption;

(b) a record created or held by a registered adoption society or an institution specified in the Schedule;

(5) Where a relevant body that receives an application under subsection (1) does not hold the birth information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.

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

22. (1) A qualifying person (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of any or all of the following that is held by the relevant body and that relates to his or her relevant parent:

(a) early life information;

(b) care information;

(2) Subject to this section, a relevant body on application to it made in accordance with subsection (1) —

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records it holds that contain the early life information, care information or incorrect birth registration information to which the application relates, and

(b) may provide the applicant with a statement setting out the early life information, care information or incorrect birth registration information to which the application relates that is contained in the records that it holds.

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying person, and

(b) each person named in the records containing the information concerned as a parent of the relevant parent concerned is deceased.

(4) Where a relevant body that receives an application made in accordance with subsection (1) does not hold the information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.

23. Application by qualifying person for certain provided items

23. (1) A qualifying person (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by it to him or her of a specified provided item, or any provided item, that was provided for the purpose of its being made available to his or her relevant parent and that is held by it.

(2) Subject to subsection (3), the relevant body concerned, on receipt of an application made in accordance with subsection (1), shall—

(a) provide the applicant with the provided item to which the application relates, or

(b) where it is not in possession of the item concerned, inform the applicant, in writing and without delay, of that fact.

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying person,

(b) the relevant parent concerned is deceased, and

(c) the item concerned was provided for the purpose of its being made available to the relevant parent of the qualifying person.

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

24. (1) A qualifying person may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by it,

(b) relates to his or her relevant parent or a genetic relative of his or her relevant parent, and

(2) A relevant body that holds a record to which this section applies, on application to it under subsection (1), shall provide the qualifying person concerned with the information to which the application relates only—

(a) where it is satisfied, including having regard to guidelines issued under subsection (4), that the medical information applied for is relevant to the health of the qualifying person, and

(b) through the medical practitioner or, where the qualifying person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the qualifying person.

(3) In providing medical information in accordance with subsection (2), the relevant body shall comply with any regulations under section 67 and guidelines under this section and section 25(1) and, where the information relates to a person other than the relevant parent concerned, shall not disclose—

(a) the name, or

(b) the genetic relationship with the relevant parent,

of the person to whom the information relates.

(4) The Minister may issue guidelines in respect of the type of medical information relating to his or her relevant parent, or a genetic relative of his or her relevant parent, that is, or is likely to be, relevant to the health of a qualifying person.

(5) In preparing guidelines under subsection (4), the Minister may consult with such persons, including persons with expertise in the area of hereditary medical conditions, as he or she considers appropriate.

(6) Where a relevant body that receives an application under subsection (1) does not hold the information to which the application relates, it shall, in writing and without delay, inform the qualifying person concerned of that fact.

(7) For the purposes of this section, medical information the subject of an application under subsection (1) is relevant to the health of a qualifying person where—

(a) it relates to a medical condition of the relevant parent or genetic relative concerned, or the absence of such a condition, and

(b) by virtue of the genetic relationship between the qualifying person and the relevant parent or genetic relative concerned, access by the qualifying person to the information is likely to be of substantial benefit to the maintenance or management of the person’s health or the health of another person related to the qualifying person.

(8) This section applies to a record—

(a) relating to the adoption of a person,

(b) relating to a care arrangement, or

25. Miscellaneous (Part 3)

25. (1) The Minister may issue guidelines for the purpose of providing practical guidance to a relevant body in respect of the performance by it of its functions under this Part.

(2) Without prejudice F2[tosection 33Aor] to the generality of subsection (1), guidelines under that subsection may specify the matters that a relevant body shall have regard to in order to satisfy itself, for the purpose of section 21(3), 22(3) or 23(3), that a person is deceased.

(3) A relevant body shall, no later than one month after the date on which it receives an application made in accordance with the section concerned—

(a) comply, as applicable, with section 21(2), 22(2) or 23(3),

(b) comply, as applicable, with section 21(5) or 22(4), or

(c) where subsection (4) applies, inform the applicant concerned of that fact and the reasons for it, and of the effect of the subsection.

(4) Where a relevant body is unable, due to the complexity of the application concerned or the nature of the information, document or item sought under the application, to comply with paragraph (a) or (b) of subsection (3), it shall comply with either paragraph not later than three months after the date on which it receives an application.

PART 4 Access by qualifying relative to birth and other information and provided items relating to relevant relative

26. Definitions (Part 4)

26. (1) In this Part—

“qualifying relative”, subject to subsection (2), means a person—

(a) who has attained the age of 18 years, and

(b) who is the next of kin of a person who—

(i) was a relevant person, and

(ii) died while he or she was resident in an institution specified in the Schedule;

“relevant relative” means, in relation to a qualifying relative, the deceased relevant person, referred to in paragraph (b) of the definition of “qualifying relative”, in relation to whom he or she is next of kin.

(2) For the purposes of this Part, the following shall be considered to be the next of kin of a deceased relevant person:

(a) his or her mother or father;

(b) where the persons specified in paragraph (a) are deceased, his or her brother or sister;

(d) where the persons specified in paragraphs (a), (b) and (c) are deceased or do not exist, his or her nephew or niece.

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

27. (1) A qualifying relative (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of the birth information that is held by the relevant body and that relates to his or her relevant relative.

(2) Subject to this section, a relevant body that holds birth information in respect of the relevant relative concerned—

(b) may provide the applicant with a statement setting out the birth information contained in the records that it holds.

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying relative, and

(b) other than where the applicant is a parent of the relevant relative, each person named as a parent of the relevant relative concerned in the records containing the information concerned is deceased.

(4) The records referred to in subsection (2)(a) are the following:

(a) a record relating to a person’s birth, the registration of a person’s birth or a person’s adoption;

(b) a record created or held by a registered adoption society or an institution specified in the Schedule;

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

28. (1) A qualifying person (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of any or all of the following that is held by the relevant body and that relates to his or her relevant relative:

(a) early life information;

(b) care information;

(2) Subject to this section, a relevant body on application to it made in accordance with subsection (1) —

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying person, and

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

29. (1) A qualifying relative (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by it to him or her of a specified provided item, or any provided item, that was provided for the purpose of its being made available to his or her relevant relative and that is held by it.

(2) Subject to subsection (3), the relevant body concerned, on receipt of an application made in accordance with subsection (1), shall—

(a) provide the applicant with the provided item to which the application relates, or

(b) where it is not in possession of the item concerned, inform the applicant, in writing and without delay, of that fact.

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying relative,

(b) the relevant relative concerned is deceased, and

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

30. (1) A qualifying relative (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that—

(a) is contained in a record to which this section applies that is held by it, and

(b) relates to his or her relevant relative.

(2) Subject to this section, a relevant body, on application to it made in accordance with subsection (1) —

(a) shall, to the extent that it is practicable to do so, provide the applicant concerned with a copy of the records specified in subsection (4) that it holds that contain the medical information to which the application relates, and

(b) may provide the applicant with a statement setting out the medical information to which the application relates that is contained in the records referred to in paragraph (a).

(3) Where a relevant body that receives an application under subsection (1) does not hold the information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.

(4) This section applies to a record—

(a) relating to the adoption of a person,

(b) relating to a care arrangement, or

31. Miscellaneous (Part 4)

31. (1) The Minister may issue guidelines for the purpose of providing practical guidance to a relevant body in respect of the performance by it of its functions under this Part.

(2) Without prejudice F3[tosection 33Aor] to the generality of subsection (1), guidelines under that subsection may specify the matters that a relevant body shall have regard to in order to satisfy itself, for the purpose of section 28(3) or 29(3) that a person is deceased.

(3) A relevant body shall, no later than one month after the date on which it receives an application made in accordance with the section concerned—

(a) comply, as applicable, with section 27(2), 28(2), 29(2) or 30(2),

(b) comply, as applicable, with section 27(5), 28(4) or 30(3), or

(c) where subsection (4) applies, inform the applicant concerned of that fact and the reasons for it, and of the effect of the subsection.

PART 5 Tracing service

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

32. (1) The Agency and the Authority shall, in accordance with this Act and on application to the Agency in accordance with subsection (2), provide a tracing service.

(2) An application for a tracing service shall be made to the Agency and may be made by—

(a) a relevant person who is seeking to locate a person to whom subsection (6) applies for the purpose of—

(i) facilitating contact with the person, or

(ii) requesting further information from the person in relation to the relevant person’s birth, early life, care or any other matter, or medical information relating to the relevant person or his or her genetic relative,

(b) a person to whom subsection (6) applies who is seeking to locate the relevant person concerned for the purpose of—

(i) facilitating contact with the relevant person, or

(ii) requesting further information in relation to the relevant person or providing information relevant to the relevant person,

(c) an adoptive parent of an adopted child, where the adoptive parent is seeking to locate a person for the purpose of requesting further information in relation to the person or providing information relevant to the person, or

(d) a person who has reasonable grounds for suspecting that he or she is the subject of an incorrect birth registration, for the purpose of the Agency or Authority conducting such enquires as it considers necessary for the purpose of ascertaining whether he or she is the subject of an incorrect birth registration.

(3) An application under subsection (2) —

(a) may be made only by a person who has attained the age of 18 years,

(b) may be made only for the purpose of locating a person who has attained the age of 18 years, and

(4) The Authority may, where necessary and proportionate for the provision of a tracing service under this section, or tracing a person or obtaining information pursuant to a direction under F4[section 33 or for the purposes of section 33A,] process personal data and special categories of personal data from the register, which processing may include disclosing such data to the Agency for the purpose of the Agency providing the service or conducting the trace.

(5) A person who makes an application under this section or section 36 shall be advised of the right to make an application to be entered in the register.

(6) Subject to subsection (7), this subsection applies to a person who is, in relation to a relevant person—

(a) his or her parent,

(b) a parent of his or her parent,

(d) his or her sibling, or

(e) a child of a sibling of his or her parent.

(7) For the purposes of subsection (6) —

(a) a reference to a parent of a person includes a reference to an adoptive parent of the person, and

(b) a person is the sibling or child of another person whether or not the relationship depends on the adoption of a person, or whether the relationship is of the whole blood or half blood or by marriage.

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

33. (1) The Minister, where he or she is satisfied that it is necessary and in the public interest to do so, may, by direction in writing, require the Agency or the Authority to do either or both of the following:

(a) investigate whether there is evidence that a person has, or persons have, been the subject of an incorrect birth registration, including by—

(i) conducting a review of the records that it holds, or a sample or specified class of such records, and

(ii) obtaining other information relevant to such investigation;

(b) conduct a trace for the purpose of locating a person, or obtaining information, for the purpose of—

(i) obtaining evidence a person has, or persons have, been the subject of an incorrect birth registration,

(ii) confirming that a person has, or persons have, been the subject of an incorrect birth registration, or

(iii) informing a person that he or she has been the subject of an incorrect birth registration.

33A.The Agency or the Authority may—

(a) where either receives an application undersection 21(1),22(1),27(1)or28(1), or

(b) on the request of another relevant body that receives an application referred to inparagraph (a),

conduct a trace for the purposes of establishing, for the purposes of section21(3)(b),22(3)(b),27(3)(b)or28(3)(b), as the case may be, whether a person is deceased.

34. Agency and Authority may request information

34. (1) On receipt by it of an application under section 32, or a direction under section 33, F6[or wheresection 33Aapplies,] the Agency or the Authority shall, without undue delay, take all reasonable steps in accordance with any guidelines issued under section 37 to, as applicable—

(a) trace and locate the person to whom the application or direction F7[relates,]

(b) obtain such information as is required to comply with the F7[direction, or]

F6[(c) wheresection 33Aapplies, trace the person concerned for the purposes of establishing whether the person is deceased.]

(2) Subject to subsection (3), the Agency or the Authority may request a person to whom this section applies to provide it with, or with access to, information that is in the possession of, or under the control of, the person.

(3) A request under subsection (2) may be made only where the Agency or the Authority reasonably requires the information concerned for the purposes of enabling it to perform its functions under this Part.

(4) Notwithstanding any enactment or rule of law, a person who receives a request made under subsection (2) shall comply with the request.

(5) The Agency or the Authority shall not, other than for the purpose of the performance of their functions under this Part, disclose information obtained by it pursuant to a request under subsection (2).

(6) This section applies to the following:

(a) a Minister of the Government;

(b) an office or body in relation to which functions are vested in a Minister of the Government;

(d) a voluntary maternity hospital providing services under section 38 of the Health Act 1970;

(e) the Garda National Immigration Bureau;

(f) An Post;

(g) a diocese or parish of the Roman Catholic Church;

(h) a diocese or parish of the Church of Ireland;

(i) a body designated by the Minister under subsection (9) as a body to which this section applies.

(7) The Agency and the Authority shall each provide the other body with such information as is necessary for the performance by the other body of its functions under this section.

(8) Where the Agency or Authority, having taken the steps referred to in subsection (1) —

(a) in the case of an application under section 32, is unable to locate the person concerned or, in the case of an application under subsection (2)(d) of that section, to ascertain whether a person was the subject of an incorrect birth registration, it shall, in writing and without delay, inform the person who made the application concerned of that fact, or

(b) in the case of a direction under section 33, is unable to establish whether there is evidence that a person has, or persons have, been the subject of an incorrect birth registration, or to locate the person concerned, it shall, in writing and without delay, inform the Minister of that fact.

F6[(8A) Where the Agency or Authority, in a case to whichsection 33A(b)applies and having taken the steps referred to insubsection (1)(c)—

(a) establishes that the person concerned is deceased or not deceased, or

(b) is unable to establish whether the person concerned is deceased,

it shall, in writing and without delay, inform the relevant body concerned of that fact.]

(9) The Minister may by regulation designate a body for the purposes of subsection (6)(i), where he or she is of the opinion that such designation is necessary for the purpose of the performance by the Authority or Agency of its functions under this Part.

35. (1) Where a person (“requester”) has made an application in accordance with section 32(2) for the tracing of a person (“specified person”), and the Agency or the Authority locates the specified person, it shall take all reasonable steps to ascertain from the specified person, insofar as is practicable, and as relevant to the application, whether or not—

(a) he or she is willing to have contact with the requester,

(b) he or she is willing to provide such information as is requested by the requester, or

(2) Where the Agency or Authority ascertains under subsection (1) that a specified person is not willing to do any of the things referred to in paragraph (a), (b) or (c) of that subsection, the Agency or the Authority shall inform the requester of that fact.

(3) Where a specified person, pursuant to subsection (1), informs the Agency or the Authority that he or she is willing to have contact with the requester, the Agency or the Authority shall take such action as it considers appropriate to facilitate such contact.

(4) Where a specified person, pursuant to subsection (1) informs the Agency or the Authority that he or she is willing to provide the requested information, or accept the information provided by the requester, the Agency or the Authority shall take such action as it considers appropriate to facilitate the transfer of information between the requester and the specified person.

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

36. (1) An adopted person who was born in a place outside the State and who has attained the age of 18 years may apply to the Authority for a tracing service referred to in subsection (2)(b) where he or she is seeking to locate a person in that place for the purpose of—

(a) facilitating contact, or

(b) requesting further information in relation to his or her birth, early life, care or any other matter or medical information relating to the adopted person or his or her genetic relative.

(2) The Authority, on receipt of an application under subsection (1), shall transmit to the relevant authority of the place at which the adopted person was born—

(a) the application, and

(b) a request by the Authority that the relevant authority conduct, in accordance with the law in force in the jurisdiction concerned, the trace to which, and locate the person to whom, the application relates.

(3) This section is without prejudice to the right of an adopted person to whom subsection (1) applies to make an application under section 32 for a tracing service.

37. Guidelines (Part 5)

37. (1) The Minister may issue guidelines for the purpose of providing practical guidance to the Agency or the Authority in respect of the performance by either body of its functions under this Part.

(2) Guidelines under this section may include the procedures to be followed for the purpose of locating a person under section 32 or 33.

PART 6 Contact Preference Register

38. Contact Preference Register

38. (1) The Authority shall establish and maintain a register to be known as the Contact Preference Register, and referred to in this Act as the “register”.

(2) The purpose of the register shall be to—

(a) record the name and contact details of—

(i) each person who makes an application under subsection (3), and

(ii) each person to whom section 42(1)(a) applies,

(b) record the statements made, or deemed to have been made, under subsection (11) by persons referred to in paragraph (a),

(d) facilitate the sharing of information or items lodged by persons under section 39 with the persons specified by them under that section, and

(e) facilitate relevant bodies in the performance by them of their functions under this Act.

(3) The following persons, where they have attained the age of 18 years, may apply, in accordance with this section, to have an entry made in the register in respect of him or her:

(a) a person who is a relevant person;

(b) a person who is, or who believes himself or herself to be, a parent of a relevant person;

(d) the adoptive parent of an adopted child, whether the child is living or deceased;

(e) the adoptive parent of an adopted person, where the adopted person is deceased;

(f) a person who is, or who believes himself or herself to be, a relative of a relevant person;

(g) where a parent of a relevant person is deceased, a person who, in the opinion of the Authority, had a sufficiently close connection with the parent that he or she is likely to be in possession of information that the relevant person would be willing to be provided with;

(h) a person who provided care to a relevant person as part of a care arrangement.

(4) An application under subsection (3) shall be made in such manner, and accompanied by such information, as the Authority, having regard to the matters referred to in subsection (2), may specify.

(5) Other than where it makes an entry in the register under section 42(1)(a), the Authority—

(a) prior to making an entry in the register, shall inform the person in respect of whom the entry is to be made of the following:

(i) the purpose for which, and the legal basis on which, personal data, including special categories of personal data, contained in the entry may be processed;

(ii) the circumstances in which the information contained in the entry may be disclosed to a third party;

(iii) his or her right under subsection (8) to request—

(I) the amendment of the information contained in the entry, and

(II) the cancellation of the entry,

and

(b) shall make an entry in the register only where the person in respect of whom the entry is made has, in such manner as may be determined by the Authority, provided his or her consent to the making of the entry.

(6) The Minister may, at any time, issue directions in writing to the Authority in relation to the making of entries in the register, and the Authority shall comply with such directions.

(7) An entry in the register in respect of a person may include the following information:

(a) his or her forename and surname (including any forename or surname previously used by him or her);

(b) his or her date of birth, if known to him or her;

(d) the paragraph of subsection (3) that applies to him or her;

(e) in the case of a person to whom subsection (3)(a) applies, where applicable and known—

(i) the name of his or her parents, relatives and relevant guardian,

(ii) the place at which care was provided to him or her as part of a care arrangement, and

(iii) the registered adoption society or accredited body that made arrangements for his or her adoption;

(f) in the case of a person to whom paragraph (b), (c), (d), (e), (f) or (h) of subsection (3) applies, the information specified in subparagraphs (i), (ii) and (iii) of paragraph (e) that relates to the relevant person concerned, insofar as it is applicable and known;

(g) any statement made by him or her under subsection (11);

(h) such details relating to a person specified by him or her in his or her statement under subsection (11) as he or she may provide;

(i) where the person is a parent who has made a statement referred to in subsection (11)(c), or the person specified in such a statement, whether an information session has been completed with the person in respect of the parent;

(j) where the person has lodged information or an item under section 39, the reference number referred to in section 39(5)(c) in respect of the information or item.

(8) A person in respect of whom there is an entry in the register may, in such manner as may be specified by the Authority, request the Authority to—

(a) cancel the entry, or

(b) amend or delete any information, including a statement under subsection (11) contained in the entry, but not including the information referred to in subsection (7)(i).

(9) The Authority shall comply with a request made in accordance with subsection (8).

(10) The information contained in an entry in the register in respect of a person shall, for the purposes of this Act, be deemed to be accurate until such time as the Authority may receive a request in accordance with subsection (8) in relation to the information.

(11) A person, in a statement under this subsection, may state, in relation to such person (“specified person”) as he or she may specify in the statement, whether one or more of the following applies:

(a) he or she is seeking to have contact with the specified person;

(b) he or she is willing to be contacted by the specified person;

(d) he or she is seeking information in relation to the specified person and, if so, the nature of the information;

(e) he or she is not willing to have contact with the specified person but is willing to provide information if requested by a specified person.

(12) A person may provide the Authority with a statement under subsection (11) —

(a) when making an application under subsection (3), or

(b) where there is an entry in the register in respect of him or her.

(13) The Minister, following consultation with the Authority, may by regulation—

(a) prescribe information for the purpose of subsection (2)(c), and

(b) provide for such further matters as he or she considers necessary for the effective operation of the register.

(14) In this section and section 39, “consent” shall be construed in accordance with the General Data Protection Regulation.

(15) In this section, subject to subsection (16), “relative” means, in relation to a relevant person, a person who is—

(a) his or her parent,

(b) a parent of his or her parent,

(d) his or her sibling, or

(e) a child of a sibling of his or her parent.

(16) For the purposes of subsection (15) —

(a) a reference to a parent of a person includes a reference to an adoptive parent of the person, and

39. Lodging of information and items

39. (1) Subject to this section, a person may—

(a) when making an application under section 38(3), or

(b) where there is an entry in the register in respect of him or her,

lodge with the Authority information or an item which the person wishes to be shared with such person as he or she may specify.

(2) Information or items lodged under subsection (1) may contain sealed information or communications from the person for the person specified under that subsection.

(3) The lodgement of information or an item under subsection (1) shall be done in such manner, and be accompanied by such information, as the Authority may specify.

(4) The Authority shall accept a lodgement of information under subsection (1) only where—

(a) it has informed the person making the lodgement of the following:

(i) the purpose for which, and the legal basis on which, personal data, including special categories of personal data, contained in the information may be processed;

(ii) the circumstances in which the information may be disclosed to a third party;

(iii) his or her right to make a request under subsection (6),

and

(b) the person making the lodgement has, in such manner as may be specified by the Authority, provided his or her consent to the Authority complying with subsection (5).

(5) The Authority, where it accepts a lodgement under subsection (1), shall—

(a) if no such entry in the register exists, make, in accordance with section 38, an entry in respect of the person who made the lodgement,

(b) record the lodgement in the entry in the register relating to the person,

(c) create a reference number that links the information or item lodged with the entry on the register in respect of the person, and

(d) safeguard the information or item lodged.

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Birth Information and Tracing Act 2022

PART 1 Preliminary and General

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