Birth Information and Tracing Act 2022

(6) A person who has made a lodgement under subsection (1) may, in such manner as may be specified by the Authority, request the Authority to return the information or item concerned and, where the information or item has not been provided to the persons concerned under section 40, the Authority shall comply with the request.

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

40. (1) Where the Authority makes an entry in the register in respect of a person, it shall check the register for any existing entry in which the person concerned is recorded as a specified person and, where there is such an entry, shall comply with this section.

(2) Where a person, in accordance with the section concerned—

(a) makes a statement under section 38(11) in respect of a specified person, or

(b) lodges information or an item under section 39 which he or she wishes to be shared with a specified person,

the Authority shall check the register for any existing entry in respect of the specified person and, where there is such an entry, shall comply with this section.

(3) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (a) or (b) of section 38(11) has been made, the Authority shall—

(a) inform the specified person of that fact,

(b) provide him or her with the contact details of the person who made the statement, and

(c) offer to facilitate contact between the two persons.

(4) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (d) of section 38(11) has been made, the Authority shall—

(a) inform the specified person of that fact and of the information that has been requested of him or her, and

(b) offer to facilitate the provision by the specified person of the information requested.

(5) Where a specified person is a specified person in respect of whom a statement referred to in paragraph (e) of section 38(11) has been made, the Authority shall—

(a) inform the specified person of that fact, and

(b) offer to facilitate the request by the specified person for, and the provision to him or her of, the information concerned.

(6) Where a specified person is a specified person in respect of whom a lodgement under section 39 has been made, the Authority shall—

(a) inform the person of that fact, and

(b) where the person has indicated to the Authority that he or she is willing to be provided with the information or item concerned, provide the person with the information or item.

(7) Where the Authority complies with subsection (3), (4), (5) or (6) it shall, as soon as practicable after so complying, inform the person who made the statement concerned or, as the case may be, made the lodgement concerned.

(8) In this section, “specified person” means a person who is—

(a) a specified person under section 38(11), or

(b) specified by a person making a lodgement under section 39(1) as the person with whom the person wishes the information or item being lodged to be shared.

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

41. Where a person—

(a) makes an application under section 38(3), or

(b) makes a lodgement under section 39, where there is no entry in the register in respect of him or her,

the Authority shall advise him or her, as relevant and appropriate, of his or her right to make an application under Part 5.

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

42. (1) The Authority shall, not later than 3 months after the date on which this section comes into operation—

(a) make an entry in the register in respect of each person in respect of whom an entry exists in the National Adoption Contact Preference Register, and

(b) transfer into each entry made under paragraph (a) all the information in the entry in the National Adoption Contact Preference Register in respect of the person concerned.

(2) For the purposes of subsection (1), a preference of a person in relation to contact with any other person, that is recorded in the National Adoption Contact Preference Register, shall be deemed to be, and shall be recorded in the entry in the register as, a statement made by him or her under the applicable paragraph of section 38(11), in relation to the other person.

(3) The Authority shall, no later than 6 months after the date on which this section comes into operation, delete the National Adoption Contact Preference Register.

PART 7 Safeguarding relevant records

43. Minister may prescribe relevant record, secondary information source

43. (1) The Minister may, for the purposes of paragraph (e) of the definition in section 2 of “relevant record” prescribe a record, or a class of record, to be a relevant record, where the Minister is of the opinion that—

(a) it relates to the care of a child or of children,

(b) were it not to be prescribed under this subsection, it or a part of it would be at risk of being destroyed or otherwise lost, and

(c) having regard to its historical or social value, it is in the public interest that it be prescribed under this subsection.

(2) The Minister may, for the purposes of paragraph (i) of the definition in section 2 of “secondary information source”, prescribe a person to be a secondary information source, where the Minister reasonably believes that the person has in his or her possession a relevant record.

44. Information source to retain and maintain records

44. (1) A primary information source shall—

(a) retain, and

(b) maintain,

all relevant records held by it.

(2) Without prejudice to the generality of subsection (1) the Authority shall maintain, in accordance with this section, all relevant records—

(a) held by it on the date on which this section comes into operation,

(b) transferred to it under section 47 or pursuant to a direction under section 48, or

(c) retained by it under section 49.

(3) Nothing in this Part authorises the use or disclosure of any information transferred to the Authority or retained by a primary information source under this Part other than in the performance by them of their functions under Parts 2, 3, 4, 5, 6 or 7.

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

45. (1) A secondary information source shall, subject to subsection (5) and sections 47 and 48 —

(a) retain, and

(b) maintain,

all relevant records held by it.

(2) A secondary information source shall, if directed by the Authority, and not later than 3 months after such direction is made, furnish to the Authority a statement, in such form as may be specified by the Authority, of the relevant records in its possession on the date on which the statement is made.

(3) Where a secondary information source that has furnished a statement in accordance with subsection (2) —

(a) becomes aware that a relevant record was in its possession on the date on which the statement was made but was not specified in the statement, or

(b) comes into possession of a relevant record,

it shall, as soon as practicable but in any event not later than 6 weeks after the date on which paragraph (a) or (b) applies, furnish to the Authority a statement, in such form as may be specified by the Authority, of the record.

(4) A statement under subsection (2) or (3) —

(a) shall state, in relation to each relevant record specified in it, its nature, current location and condition, and

(b) may contain personal data only to the extent that is necessary and proportionate for the discharging by the secondary information source concerned of its functions under this Part.

(5) Subsection (1) shall not apply to relevant records transferred by a secondary information source—

(a) in compliance with its obligations under the National Archives Act 1986, or

(b) in accordance with Action 8 of the plan known as the “Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions”.

46. Obligation of other person in respect of relevant records

46. Where, on the date on which this section comes into operation, a person other than an information source is in possession of a relevant record, he or she shall—

(a) as soon as practicable, inform the Authority of that fact, and

(b) subject to sections 47 and 48, maintain the relevant record.

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

47. (1) A—

(a) secondary information source, or

(b) person other than an information source who is in possession of a relevant record,

may, in accordance with subsection (2), request the Authority to make a direction under section 48 or otherwise accept the transfer to it of a relevant record.

(2) A request under subsection (1) shall—

(a) be in writing,

(b) specify the record to which the request relates, and

(c) be accompanied by a statement of the reasons for the making of the request.

48. Authority may direct transfer to it of relevant record

48. (1) The Authority may issue a direction under this section to—

(a) a secondary information source from whom it has received a statement under subsection (2) or (3) of section 45 or a request under section 47, or

(b) a person, other than an information source, who is in possession of a relevant record (whether such person made a request under section 47 or not).

(2) The Authority shall issue a direction under this section only where it is of the opinion that the transfer, in accordance with the direction, of the record concerned, or a copy of the record, is in the public interest.

(3) A direction under this section shall be in writing, and shall—

(a) direct the person to whom it is issued to transfer to the Authority, on or before the date specified in the direction, the relevant record specified in the direction, or a copy of the record,

(b) where the direction relates to the transfer of a copy of a record, specify the format in which the copy is to be transferred, and

(c) inform the person—

(i) of the opinion of the Authority referred to in subsection (2),

(ii) the intended use of the record or copy of the record, and

(iii) the safeguards in place in relation to the storage and maintenance of the record or copy of the record.

(4) The date specified under subsection (3)(a) shall be—

(a) not later than 6 months after the date of the direction, or

(b) where the Authority is not satisfied that it will be in a position to take the relevant record or copy of the record concerned into its charge by a date referred to in paragraph (a) such later date as is approved by the Minister.

(5) A person to whom a direction under this section is issued shall comply with the direction.

(6) In deciding whether to issue a direction under this section, the Authority shall have regard to—

(a) any factor that indicates that a particular record may be at risk and should be transferred to the Authority at the earliest opportunity,

(b) any request made by the secondary information source or person referred to in subsection (1)(b), as the case may be, under section 47 in relation to the record concerned, and

(c) the public interest.

(7) The Authority shall make all necessary arrangements in respect of the transfer to it of records or copies of records pursuant to a direction under this section, including all necessary arrangements to ensure safe receipt by it of such records and copies.

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

49. Where, on or after the date on which this section comes into operation, the Authority makes an adoption order—

(a) the Authority, and

(b) the Agency,

shall, insofar as such records are in its possession, retain relevant records in respect of the adopted child who is the subject of the order.

50. Search powers

50. (1) An authorised officer may, for a purpose referred to in subsection (9), do any of the following:

(a) subject to subsections (3) and (5), enter and inspect any place, being a premises of a person referred to in subsection (9) at which the Authority has reasonable grounds to believe that a relevant record is being kept;

(b) at such place inspect and take copies of any relevant records (including records stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection;

(c) require any person at any such place, including the owner or person in charge of the place, to produce to the authorised officer such records (and in the case of records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as that authorised officer may reasonably require for the purposes of his or her functions under this section;

(d) subject to an order being obtained for such purpose from the District Court under subsection (7), seize from such place and retain any such records and take any other steps which appear to the authorised officer to be necessary for preserving or preventing interference with such records;

(e) where there is data equipment at the place which the authorised officer reasonably believes is or has been used in connection with the production or storage of a relevant record, require any person—

(i) who uses the data equipment or on whose behalf the data equipment is used, or

(ii) having charge of, or who is otherwise concerned with the operation of, such equipment,

to afford the authorised officer all reasonable assistance in relation to the operation of such equipment and any associated apparatus or material;

(f) require any person at the place concerned, including the owner or person in charge of that place, to give the authorised officer such information and assistance as the authorised officer may reasonably require for the purposes of his or her functions under this section.

(2) Subject to subsection (5), an authorised officer may use reasonable force, if necessary, to enter a place referred to in subsection (1)(a), to exercise his or her powers under this section.

(3) An authorised officer may enter and inspect a place under subsection (1) —

(a) at any time during normal business hours with or without prior notice to the person in charge of the place, and

(b) at any other time on reasonable notice to the person in charge of the place.

(4) When performing a function under this section, an authorised officer may, subject to any warrant under subsection (6) or order under subsection (7), be accompanied by such number of other authorised officers or members of the Garda Síochána as he or she considers appropriate.

(5) An authorised officer shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (6).

(6) Upon the sworn information of an authorised officer, a judge of the District Court may, for the purposes of enabling an authorised officer to carry out an inspection of a place at which the authorised officer has reasonable grounds for believing a relevant record is being kept, issue a warrant authorising a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the place (if necessary by using reasonable force) and exercise the powers of an authorised officer under subsection (1).

(7) The District Court may, on application to it in that behalf by the authorised officer concerned, make an order authorising that officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, to exercise his or her powers under subsection (1)(d) where the Court is satisfied it is necessary for the purposes referred to in that subsection.

(8) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court assigned to the District Court district in which the place referred to in subsection (1) is situated.

(9) The purposes referred to in subsection (1) are the purposes of ensuring compliance by—

(a) an information source with its obligations under this Act, or

(b) a person to whom a direction under section 45 or 48 is issued with the direction.

(10) A reference in this section to a relevant record shall be construed, in the case of a person to whom subsection (9)(b) applies, as a reference to a relevant record specified in the direction referred to in that paragraph.

(11) In this section, “place” includes—

(a) a dwelling or a part thereof,

(b) a building or a part thereof, and

(c) a vehicle, whether mechanically propelled or not.

51. Authorised officers

51. (1) The Authority may appoint in writing such persons or classes of person as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Part.

(2) An authorised officer appointed under subsection (1) shall be furnished with a warrant of his or her appointment and, when exercising a function conferred on him or her as an authorised officer, shall, if requested by a person affected, produce the warrant, or a copy of it, to that person.

(3) An appointment of a person under this section as an authorised officer shall cease—

(a) where the Authority revokes the appointment,

(b) where the appointment is for a fixed period, on the expiry of that period, or

(c) in the case of a person who, on the date of the appointment, was a member of staff of the Authority, where he or she ceases to be a member of staff of the Authority.

PART 8 Amendment of Succession Act 1965

52. Definition (Part 8)

52. In this Part, “Act of 1965” means the Succession Act 1965.

53. Amendment of section 4A of Act of 1965

53. Section 4A of the Act of 1965 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A) and section 4B,” for “Subject to subsection (1A),”, and

(b) in subsection (6), by the insertion of “and section 4B,” after “In this section”.

54. Special provisions in relation to affected persons

54. The Act of 1965 is amended by the insertion of the following section after section 4A:

“4B. (1) Where, under this section, a relationship between an affected person and another person is to be deduced in accordance with this subsection, the relationship between the affected person and—

(a) his or her father and mother shall, subject to section 27A of this Act, be determined in accordance with section 3 of the Act of 1987, and

(b) his or her social father and social mother shall, subject to section 27A of this Act, be deemed, respectively, to be the same as the relationship between the affected person and his or her father and mother,

and all other relationships shall be determined accordingly.

(2) Without prejudice to the generality of subsection (1) —

(a) where the relationship between an affected person and another person is to be deduced in accordance with that subsection, this Act shall be construed as follows—

(i) a reference, other than in section 4A, to the father of an affected person shall be construed as including a reference to both the father and the social father of the affected person,

(ii) a reference, other than in section 4A, to the mother of an affected person shall be construed as including a reference to both the mother and the social mother of the affected person,

(iii) a reference to the parent of an affected person shall be construed as including a reference to both the parent and the social parent of the affected person,

(iv) a reference to the brother of an affected person shall be construed as including a reference to both the brother of the affected person and a person who is determined in accordance with subsection (1) to have the same relationship with the affected person as a brother of the affected person,

(v) a reference to the sister of an affected person shall be construed as including a reference to both the sister of the affected person and a person who is determined in accordance with subsection (1) to have the same relationship with the affected person as a sister of the affected person,

(vi) a reference to the child of a person shall be construed as including a reference to both the child of the person and an affected person in relation to whom the person is a social parent, and

(vii) a reference to the issue of a person shall be construed as including a reference to both the issue of the person and a person who is determined in accordance with subsection (1) to have the same relationship with the person as the issue of the person,

and

(b) for the purposes of section 71, an affected person shall be deemed to have the same blood relationship with his or her social parent as he or she would have were the social parent his or her parent.

(3) Where—

(a) an order under section 117 or 121, or

(b) a provision to a person out of the estate of a testator pursuant to an order under section 117 or 121 or in connection with proceedings or a claim under such section or sections,

was made before the date on which this subsection comes into operation—

(i) an affected person in whose interest the order, or to whom the provision, was made and in relation to whom the testator concerned was a social parent shall be treated as if the relationship between him or her and the testator was deduced in accordance with subsection (1), and

(ii) the order or provision shall not be rendered invalid by reason of the fact that the testator was the social parent, and not the parent, of any affected person.

(4) The taking, before the date on which this subsection comes into operation, by—

(a) the spouse of a testator of the share of the testator’s estate referred to in section 111(2), or

(b) the civil partner of a testator of the share of the testator’s estate referred to in section 111A(2),

shall not be rendered invalid by reason of the fact that the testator concerned was the social parent, and not the parent, of a person.

(5) Where, in the distribution of the estate of an intestate—

(a) a person, before the date on which this subsection comes into operation, took the estate or a share of the estate, and

(b) at the time of such taking—

(i) the person did not have the relationship with the intestate that would have entitled him or her under Part VI to the taking, but

(ii) the person would have had such a relationship with the intestate had the relationship been deduced in accordance with subsection (1),

the taking of the estate or share of the estate, as the case may be, by the person shall not be rendered invalid by reason of the fact that the person did not have the relationship referred to in paragraph (b)(i).

(6) This subsection applies where—

(a) an intestate dies before the date on which subsection (7) comes into operation, and

(b) administration of the estate of the intestate has been granted on or before the relevant date.

(7) Where—

(a) subsection (6) applies, and

(b) by the date on which this subsection comes into operation, the affected person concerned has not taken the estate or a share of the estate of the intestate to which he or she would be entitled were his relationship with the intestate deduced in accordance with subsection (1),

for the purposes of the distribution under Part VI of the part of the estate which has not yet been taken by any person, the relationship between an affected person and the intestate, and all other relationships, shall be deduced in accordance with subsection (1).

(8) Where—

(a) an intestate dies before the date on which this subsection comes into operation, and

(b) administration of the estate of the intestate is granted after the relevant date,

for the purposes of the distribution under Part VI of the estate of the intestate, the relationship between an affected person and the intestate concerned, and all other relationships, shall be deduced in accordance with subsection (1).

(9) This subsection applies where—

(a) a testator dies before the date on which this subsection comes into operation, and

(b) representation of the testator’s estate is taken out after the relevant date.

(10) Where subsection (9) applies—

(a) for the purposes of sections 111 and 111A, the relationship between the testator and an affected person, and all other shall be deduced in accordance with subsection (1),

(b) where the effect of paragraph (a) is that the share of the estate of the testator to which the spouse or civil partner, as the case may be, of the testator is entitled as a legal right is different to the share to which he or she would have been entitled had the paragraph not applied, section 115(4) shall apply as if the words ‘or one year from the date on which section 4B(10) comes into operation,’ were substituted for ‘or one year from the first taking out of representation of the deceased’s estate,’ and

(c) for the purposes of section 117—

(i) the relationship between an affected person and the testator, and all other relationships, shall be deduced in accordance with subsection (1), and

(ii) where an affected person, pursuant to subparagraph (i), makes an application under section 117(1), section 117(6) shall apply as if the words ‘from the date on which section 4B(10) comes into operation’ were substituted for ‘from the first taking out of representation of the deceased’s estate’.

(11) For the purposes of this Act, a person is an affected person where—

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

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

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

(12) In this section—

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

‘relevant date’ means the 26th day of April 2022;

‘social father’ means, in relation to an affected person, the man named in the entry in the register of births referred to in subsection (11) as his or her father;

‘social mother’ means, in relation to an affected person, the woman named in the entry in the register of births referred to in subsection (11) as his or her mother;

‘social parent’ means, in relation to an affected person, his or her social father or social mother.”.

55. Amendment of section 68 of Act of 1965

55. Section 68 of the Act of 1965 is amended—

(a) by the designation of the section as subsection (1),

(b) in subsection (1), by the substitution of “Subject to this section, if an intestate dies” for “If an intestate dies”, and

(c) by the insertion of the following subsections after subsection (1):

“(2) If an intestate who is an affected person dies leaving neither spouse nor civil partner nor issue, his or her estate shall be distributed between each person who is his or her surviving parent in equal shares, but, if only one parent survives, that parent shall take the whole estate.

(3) Where subsection (2) applies, and a surviving parent is both the father and the social father (within the meaning of section 4B) of the intestate concerned, the estate of the intestate shall be distributed between him and the other surviving parents in equal shares, but, if he is the only surviving parent, he shall take the whole estate.”.

56. Share of relatives: special provision

56. The Act of 1965 is amended by the insertion of the following section after section 69:

“69A. Where, in the application of section 4B to any provision of this Part, the same person would be entitled to take, in relation to the estate of an intestate—

(a) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (a) of section 4B(1), and

(b) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (b) of section 4B(1),

the person—

(i) shall take only one of the shares in the estate referred to in paragraphs (a) and (b), and

(ii) may elect to take either the share referred to in paragraph (a) or the share referred to in paragraph (b).”.

PART 9 Amendment of Civil Registration Act 2004

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

57. The Act of 2004 is amended by the insertion of the following Part after Part 3A:

“PART 3B

Register under Part 3B

Definitions (Part 3B)

30F. In this Part—

‘affected person’, subject to section 30G(4), means a person to whom the following applies:

(a) an entry in the register of births relating to his or her birth was made on or before the 31st day of December 1980,

(b) in the entry referred to in paragraph (a), the name of a person other than his or her mother was entered as his or her mother, and

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

and includes a person in respect of whom the entry in the register of births has been corrected or cancelled pursuant to section 63, 64 or 65;

‘register’ means the register established under Part 3B.

An tArd-Chláraitheoir may receive and request certain information concerning affected persons

30G. (1) Where the Child and Family Agency or such other person as may be prescribed by regulations under section 30L has within its possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, the Agency or person, as the case may be, shall provide the information and documents to an tArd-Chláraitheoir.

(2) Where an tArd-Chláraitheoir reasonably believes that a person has within his or her possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, an tArd-Chláraitheoir may, by notice in writing served on the person, require the person concerned to provide the information or documents to an tArd-Chláraitheoir for the purposes of determining whether or not the register of births correctly records the particulars of birth of the affected person concerned.

(3) A person shall comply with a notice under subsection (2) within such period (being a period of not less than 28 days) as is specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir, and in such manner as may be specified in the notice.

(4) In this section, ‘affected person’ includes a person whom an tArd-Chláraitheoir, the Child and Family Agency or a person or body prescribed by regulations under section 30L reasonably believes may be an affected person.

Correction, cancellation or registration of entries in register of births

30H. (1) Subject to subsections (2) and (3), where an tArd-Chláraitheoir is aware of an error of fact in an entry in the register of births in relation to the particulars of birth of an affected person (in this Part referred to as a ‘relevant entry’), and where, having considered any information or documents received in accordance with subsection (1) of section 30G or in accordance with a notice under subsection (2) of that section together with any submissions received in accordance with subsection (3), an tArd-Chláraitheoir is satisfied that the relevant entry is incorrect, he or she may—

(a) correct, or cause to be corrected, the relevant entry,

(b) cancel the relevant entry, or

(c) cancel the relevant entry and register the particulars of the birth of the affected person concerned in the register of births.

(2) Prior to making a correction, cancellation or registration under subsection (1), an tArd-Chláraitheoir shall make all reasonable efforts to notify in writing any person in relation to whom personal data is intended to be corrected, cancelled or registered of his or her intention to make the correction, cancellation or registration.

(3) A person notified in accordance with subsection (2) or, where the person is unable to do so because of age, illness or disability, a person acting on his or her behalf, may make a submission to an tArd-Chláraitheoir in relation to the proposed correction, cancellation or registration within such period (being a period of not less than 28 days) as may be specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir.

(4) In this section—

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^2 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);

‘personal data’ has the meaning it has in the General Data Protection Regulation.

Register under Part 3B

30I. (1) An tArd-Chláraitheoir shall establish and maintain a register (in this Act referred to as the ‘register under Part 3B’).

(2) Where an tArd-Chláraitheoir has made a correction, cancellation or registration in accordance with section 30H, he or she shall enter the particulars to which this section applies in the register.

(3) Any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora.

(4) In this Act, a reference to the particulars to which this section applies is a reference to the particulars of birth of an affected person entered in a relevant entry.

Index to register and privacy (Part 3B)

30J. (1) An tArd-Chláraitheoir shall maintain an index to the register.

(2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—

(a) search the register and the index to that register, or

(b) give the person—

(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 specified by the person.

(3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2) :

(a) the person to whom the entry on the register relates;

(b) a person who is, in relation to the person referred to in paragraph (a) —

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, a child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a brother or sister,

or

(c) any other person who an tArd-Chláraitheoir, in his or her discretion, determines.

(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and ‘true copy’ in that subsection shall be construed accordingly.

(5) The Minister, by regulations under section 30L, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).

Separate index of connections between register and register of births

30K. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births.

(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

Regulations (Part 3B)

30L. (1) The Minister, following consultation with the Minister for Children, Equality, Disability, Integration and Youth and an tArd-Chláraitheoir, may make regulations to ensure the effective operation of this Part including, but not limited to, regulations prescribing—

(a) a person for the purposes of section 30G(1), and

(b) the particulars of birth and parentage to be included in a certified copy, provided under this Part, of an entry in the register.

(2) A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

58. Consequential amendments to Act of 2004

58. The Act of 2004 is amended—

(a) in section 8, by the insertion, in subsection (1), of the following paragraph after paragraph (eeeee):

“(eeeeee) to establish and maintain a register and index for the purpose of the registration of the particulars to which section 30I applies,”,

(b) in section 13(1)—

(i) by the substitution, in paragraph (j), of “decrees of nullity of civil partnerships),” for “decrees of nullity of civil partnerships), and”,

(ii) by the substitution, in paragraph (k), of “the register of gender recognition),” for “the register of gender recognition).”,

(iii) by the substitution, in paragraph (l), of “the register of presumed deaths), and” for “the register of presumed deaths),”, and

(iv) by the insertion of the following paragraph after paragraph (l):

“(m) a register of particulars to which section 30I applies (which shall be known as the register under Part 3B of the Civil Registration Act 2004, and is referred to in this Act as the register under Part 3B).”,

(c) in section 61, by the substitution, in subsection (3), of “stillbirths, gender recognition or to the register under Part 3B or an index to any of those registers” for “stillbirths or gender recognition or an index to either of those registers”, and

(d) in section 69, by the insertion, in subsection (8), of “30G(2),” after “24(5),”.

PART 10 Miscellaneous

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

59. (1) For the avoidance of doubt, the fact that a person is the subject of an incorrect birth registration shall not affect—

(a) the rights or liabilities acquired, or

(b) the validity or consequences of an action done,

in good faith by him or her.

(2) Without prejudice to the generality of subsection (1), the rights, liabilities, validity and consequences to which that subsection applies shall not be affected by the fact that they were acquired or the action concerned was done, as the case may be, by the person concerned—

(a) in a particular name,

(b) on the basis that he or she had attained a particular age, or

(c) on the basis that a particular person was his or her parent or other relative.

(3) For the avoidance of doubt, any rule of law, custom or practice by which a person may use a particular name applies to a person who is the subject of an incorrect birth registration.

60. Public information campaign

60. The Authority shall, in the period between the coming into operation of this section and the coming into operation of Part 2 and may, at any time thereafter where it considers it appropriate to do so, take such measures, including the holding of a public information campaign, as it considers appropriate to promote awareness among the public and, in particular, parents and relevant persons (including parents and relevant persons residing outside the State), of the following:

(a) the process to be followed by a person in order to—

(i) specify to the Authority his or her preference in relation to contact with another person,

(ii) have an entry made in the register in respect of him or her,

(iii) access his or her birth certificate under Part 2,

(iv) access birth information, other information or provided items under Parts 2, 3 or 4;

(b) the establishment of the register;

(c) the transfer in accordance with section 42 of information contained in the National Adoption Contact Preference Register to the register;

(d) the rights of a person, in particular a mother or father, under the General Data Protection Regulation of access to personal data concerning him or her and of rectification of inaccurate personal data concerning him or her;

(e) the restriction, under section 68, of the rights and obligations provided for in the General Data Protection Regulation specified in that section.

61. Designation of relevant bodies

61. (1) The Minister may by regulations designate a body as a relevant body for the purposes of this Act.

(2) A body may be designated under subsection (1) where the Minister is of the opinion that such designation is necessary to ensure that relevant persons can access records held by the body.

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

62. (1) The Agency may, where necessary and proportionate for the performance of its functions under this Act, process personal data, including special categories of personal data, contained in the database and related records.

(2) The Agency may, where necessary and proportionate for the performance by the Authority of its functions under this Act, disclose to the Authority personal data, including special categories of personal data, contained in the database and related records.

(3) The Minister for Children, Equality, Disability, Integration and Youth, where he or she is designated under section 61 as a relevant body, may, where necessary and proportionate for the performance by him or her of his or her functions as a relevant body, process personal data, including special categories of personal data, contained in the copy of the database and copy of the related records of the Commission deposited with the Minister under section 4(1) of the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020.

(4) In this section—

“Act of 2004” means the Commissions of Investigation Act 2004;

“Commission” means the commission of investigation established by the Order of 2015;

“database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission;

“Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 (S.I. No. 57 of 2015);

“related record” means—

(a) any evidence within the meaning of the Commissions of Investigation Act 2004 received by the Commission,

(b) any document created by or for the Commission within the meaning of section 43 of the Commissions of Investigation Act 2004, or

(c) a copy of any such evidence or document,

from which information was obtained for the purpose of creating the database.

63. Agency and Authority to offer assistance and support

63. (1) The Agency and the Authority shall, insofar as practicable, provide assistance to a relevant person who wishes to:

(a) make an application under Part 2;

(b) for the purpose of making such an application, identify a relevant body that may hold the categories of information relating to the relevant person sought by him or her;

(c) make an application under Part 5; or

(d) make an application under section 38(3).

(2) The Agency and the Authority may provide such support as it considers appropriate to a person who makes an application referred to in subsection (1), which support may include—

(a) support relating to the interpretation and understanding of information and records provided on foot of the application, and

(b) counselling and support of the applicant following receipt by him or her of the information or records referred to in paragraph (a).

64. Offences

64. (1) A person who is an information source and who conceals, destroys, mutilates or falsifies a relevant record shall be guilty of an offence.

(2) A person who is an information source and who fails to comply with a direction of the Authority under Part 7 shall be guilty of an offence.

(3) A person who fails to comply with a direction of the Authority under Part 7 shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both.

(5) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

65. Immunity

65. (1) Subject to Article 82 of the General Data Protection Regulation, a person to whom this subsection applies shall not be liable in damages in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under this Act, unless the act or omission concerned was done in bad faith.

(2) Subject to Article 82 of the General Data Protection Regulation, the State shall not be liable in damages in respect of any act done or omitted to be done by a person to whom subsection (1) applies, in the performance, or purported performance, by the person of its, his or her functions under this Act unless the act or omission concerned was done in bad faith.

(3) Subsection (1) applies to—

(a) the Authority,

(b) the Agency,

(c) a member or former member of the Board of the Authority,

(d) a member or former member of the Board of the Agency,

(e) an employee or former employee of the Authority,

(f) an employee or former employee of the Agency, and

(g) a relevant body designated under this Act.

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

66. (1) A person to whom this section applies may, where necessary and proportionate for the performance of his, her or its functions under this Act, process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Data Protection Act 2018 and any regulations under section 67.

(2) This section applies to the following persons:

(a) the Authority;

(b) the Agency;

(c) an tArd-Chláraitheoir;

(d) a relevant body;

(e) a secondary information source.

(3) For the purposes of this Act—

(a) the Authority is designated as data controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act, and

(b) the Agency is designated as data controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act.

67. Regulations for purpose of data protection

67. (1) The Minister may prescribe suitable and specific measures, including measures specified in section 36(1) of the Data Protection Act 2018, to be taken to safeguard the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under this Act.

(2) Without prejudice to the generality of subsection (1), regulations under this section may prescribe suitable and specific measures to be taken in the provision under sections 16, 24 and 30 of medical information to a person.

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

68. The rights and obligations provided for in the following Articles of the General Data Protection Regulation, in so far as those rights and obligations relate to the processing of personal data and special categories of personal data by a person under this Act, are restricted to the extent necessary and proportionate to enable the person to perform his or her functions under this Act:

(a) Article 12, insofar as any of its provisions correspond to the rights and obligations provided for in the Articles specified in paragraphs (b) to (d);

(b) Article 14;

(c) Article 18;

(d) Article 21.

69. Counselling support for parents and relevant persons

69. (1) The Authority shall inform a parent who makes a statement to which section 38(11)(c) applies of his or her right under subsection (2) to counselling support provided by or on behalf of the Agency.

(2) The Agency, on the request of a person referred to in subsection (1), shall arrange for the provision of counselling support to him or her.

(3) The Agency, on the request of a relevant person or the parent of a relevant person (other than a person referred to in subsection (1)), may arrange for the provision of counselling support to him or her.

(4) The Authority may share with the Agency such information, including the person’s name and contact details, relating to the person referred to in subsection (1) or, where applicable, subsection (3) as it considers necessary for the purposes of facilitating the operation of this section.

70. Review of operation of Act

70. (1) The Minister shall, not later than 2 years after the coming into operation of this section, commence a review of the operation of this Act, other than Parts 8 and 9.

(2) In conducting a review under subsection (1), the Minister shall consult with such persons, including relevant persons, as he or she considers appropriate.

(3) The Minister shall cause a report in writing of the findings of the review under subsection (1) to be prepared and, as soon as may be after it is prepared, shall cause copies of the report to be laid before each House of the Oireachtas.

PART 11 Amendment of enactments

71. Amendment to National Archives Act 1986

71. The Schedule to the National Archives Act 1986 is amended by the addition of “Adoption Authority of Ireland”.

72. Amendment of Adoption Act 2010

72. Section 86(2) of the Act of 2010 is amended by the substitution of “Authority, or in accordance with section 6 of the Birth Information and Tracing Act 2022.” for “Authority.”.