Birth Information and Tracing Act 2022

Birth Information and Tracing Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Birth Information and Tracing Act 2022 Birth Information and Tracing Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 14 of 2022 BIRTH INFORMATION AND TRACING ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Expenses 4. Orders 5. Additional institution PART 2 Access to birth certificate, birth and other information and provided items 6. Relevant person may apply for copy of birth certificate 7. Provision of birth certificate to applicant under section 6 aged 18 years or over 8. Provision of birth certificate to applicant under section 6 aged between 16 and 18 years 9. Relevant body to provide birth information or image on application by relevant person aged 18 years or over 10. Authority to provide birth information or image on application by relevant person aged between 16 and 18 years 11. Relevant body to provide early life, care information or incorrect birth registration information on application by relevant person aged 18 years or over 12. Authority to provide early life or care information on application by relevant person aged between 16 and 18 years 13. Application for provided items 14. Application for provided items by relevant person aged between 16 and 18 years 15. Relevant body or Authority to provide medical information relating to relevant person on application by relevant person 16. Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by relevant person 17. Information session 18. Provision of information to relevant person who has not attained age of 18 years 19. Miscellaneous (Part 2) PART 3 Access by qualifying person to birth certificate, birth and other information and provided items relating to relevant parent 20. Definitions (Part 3) 21. Relevant body to provide birth information relating to relevant parent on application by qualifying person 22. Relevant body to provide early life, care information or incorrect birth registration information relating to relevant parent on application by qualifying person 23. Application by qualifying person for certain provided items 24. Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by qualifying person 25. Miscellaneous (Part 3) PART 4 Access by qualifying relative to birth and other information and provided items relating to relevant relative 26. Definitions (Part 4) 27. Relevant body to provide birth information relating to relevant relative on application by qualifying relative 28. Relevant body to provide early life, care information or incorrect birth registration information relating to relevant relative on application by qualifying relative 29. Application by qualifying relative for certain provided items (Part 4) 30. Relevant body to provide medical information relating to relevant relative on application by qualifying relative 31. Miscellaneous (Part 4) PART 5 Tracing service 32. Agency and Authority may provide a tracing service on application 33. Minister may authorise Agency and Authority to conduct review or trace 34. Agency and Authority may request information 35. Agency or the Authority to facilitate contact between parties or to share information between parties 36. Application by certain adopted person for tracing service in another jurisdiction 37. Guidelines (Part 5) PART 6 Contact Preference Register 38. Contact Preference Register 39. Lodging of information and items 40. Authority to communicate matches on register and share information and items 41. Applicants for entry on register to be informed of provisions of Part 5 42. Transfer of information and preferences from National Adoption Contact Preference Register PART 7 Safeguarding relevant records 43. Minister may prescribe relevant record, secondary information source 44. Information source to retain and maintain records 45. Obligation of secondary information source in respect of relevant records 46. Obligation of other person in respect of relevant records 47. Secondary information source or other person may request transfer of relevant record 48. Authority may direct transfer to it of relevant record 49. Authority and Agency to retain relevant records in respect of future adoptions 50. Search powers 51. Authorised officers PART 8 Amendment of Succession Act 1965 52. Definition (Part 8) 53. Amendment of section 4A of Act of 1965 54. Special provisions in relation to affected persons 55. Amendment of section 68 of Act of 1965 56. Share of relatives: special provision PART 9 Amendment of Civil Registration Act 2004 57. Register under Part 3B of Civil Registration Act 2004 58. Consequential amendments to Act of 2004 PART 10 Miscellaneous 59. Provision relating to persons the subject of incorrect birth registration 60. Public information campaign 61. Designation of relevant bodies 62. Processing of information contained in database and records of Commission of Investigation into Mother and Baby Homes 63. Agency and Authority to offer assistance and support 64. Offences 65. Immunity 66. Processing of personal data and special categories of personal data 67. Regulations for purpose of data protection 68. Restriction of rights and obligations under General Data Protection Regulation 69. Counselling support for parents and relevant persons 70. Review of operation of Act PART 11 Amendment of enactments 71. Amendment to National Archives Act 1986 72. Amendment of Adoption Act 2010 SCHEDULE Acts Referred to Adoption Act 1952 (No. 25) Adoption Act 2010 (No. 21) Child Care Act 1991 (No. 17) Children Act 1908 (8 Edw. 7, c. 67) Civil Registration Act 2004 (No. 3) Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (No. 20) Commissions of Investigation Act 2004 (No. 23) Companies Act 2014 (No. 38) Data Protection Act 2018 (No. 7) Health Act 1970 (No. 1) Local Government Act 2001 (No. 37) Medical Practitioners Act 2007 (No. 25) National Archives Act 1986 (No. 11) Succession Act 1965 (No. 27) Number 14 of 2022 BIRTH INFORMATION AND TRACING ACT 2022 An Act to make further and better provision in respect of access by certain persons to information concerning their origins and, for that purpose, to provide for the access by adopted persons and persons who have been the subject of incorrect birth registrations or certain care arrangements to their birth certificates and other information and items relating to them; to provide, where such persons are deceased, for the access in certain circumstances by their children or other next of kin to such information or items; to provide for the making available, by the Adoption Authority of Ireland and the Child and Family Agency, of a service for the tracing of certain persons; to provide for the establishment and maintenance of a register to be known as the Contact Preference Register; to provide for the safeguarding and transfer to the Adoption Authority of Ireland of certain records relating to the birth, adoption and care of certain persons; to amend the Succession Act 1965 to make provision in respect of persons who have been the subject of incorrect birth registrations; to amend the Civil Registration Act 2004 to make additional provision in respect of persons who are the subject of incorrect birth registrations; to amend the National Archives Act 1986 ; to amend the Adoption Act 2010 ; and to provide for related matters. [30th June, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General 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. 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; (c) his or her forename and surname; (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, (c) an arrangement under which a child was placed with a foster parent— (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, (c) the place at which 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), (c) his or her birth weight, (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; (c) a body that is designated under section 61 ; “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, or (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; (c) the Minister for Foreign Affairs; (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. 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. 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. 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) “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 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). 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. 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). 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 ; (c) a record of such class as the Minister may prescribe. (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. 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. 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; (c) incorrect birth registration 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. 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. 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. 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. 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 — (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). (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 (c) created or held by a registered adoption society or an institution specified in the Schedule . 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 (c) is, in accordance with this section, relevant to the health of the relevant person. (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. (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, (b) relates to his or her genetic relative, and (c) is, in accordance with this section, relevant to the health of the relevant person. (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. 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. 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. 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 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. 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 …