Adoption: Right to Information Versus Right to Confidentiality

Abstract

It is now widely recognized that the knowledge of origin is extremely important to many adoptees, because they see this knowledge as vital to their identity. The ICPS (Integrated Child Protection Scheme) accedes to this idea. However, by virtue of the right to respect the privacy and family life, the families of origin have the right not to want to be known or even to be contacted. For example, some mothers or families have no wish to revive the past because of the surrounding taboo, or of the acute suffering that the incident might trigger. There are also cases in which a mother has completely hidden the abandonment of her child from her family and cannot divulge the secret for fear of her own security and also of her family. Indeed, the right of the adoptee to search for his roots or identity stands in radical contrast with the birth mother’s right to secrecy and confidentiality of her identity. The “search” threatens to spark serious repercussions on the emotional well-being of the adoption triad, that is, the adoptee, the birth parent, and the adoptive parents. This article will discuss various issues related to the root search of adopted children and the challenges involved in it.