Birth Information and Tracing Act 2022
Number 14 of 2022
BIRTH INFORMATION AND TRACING ACT 2022
REVISED
Updated to 20 July 2023
This Revised Act is an administrative consolidation of the Birth Information and Tracing Act 2022. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Merchant Shipping (Fire Protection) (No. 2) Rules 2023 (S.I. No. 380 of 2023), made 20 July 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 14 of 2022
BIRTH INFORMATION AND TRACING ACT 2022
REVISED
Updated to 20 July 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
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
13. Application for provided items
14. Application for provided items by relevant person aged between 16 and 18 years
18. Provision of information to relevant person who has not attained age of 18 years
Access by qualifying person to birth certificate, birth and other information and provided items relating to relevant parent
23. Application by qualifying person for certain provided items
Access by qualifying relative to birth and other information and provided items relating to relevant relative
29. Application by qualifying relative for certain provided items (Part 4)
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
33A. Agency and Authority may conduct trace for certain purposes under Part 3 or 4
34. Agency and Authority may request information
36. Application by certain adopted person for tracing service in another jurisdiction
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
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
Amendment of Succession Act 1965
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
Amendment of Civil Registration Act 2004
57. Register under Part 3B of Civil Registration Act 2004
58. Consequential amendments to Act of 2004
Miscellaneous
59. Provision relating to persons the subject of incorrect birth registration
60. Public information campaign
61. Designation of relevant bodies
63. Agency and Authority to offer assistance and support
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
Amendment of enactments
71. Amendment to National Archives Act 1986
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)
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
REVISED
Updated to 20 July 2023
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: