(LRC Revised)

Number 14 of 2022

BIRTH INFORMATION AND TRACING ACT 2022

REVISED

Updated to 20 July 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

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

33A. Agency and Authority may conduct trace for certain purposes under Part 3 or 4

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

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.

[30

th June

, 2022]

Be it enacted by the Oireachtas as follows

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

33A. Agency and Authority may conduct trace for certain purposes under Part 3 or 4

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