Q&A: Birth Information and Tracing Act does provide new entitlements but only for people whose birth was illegally registered
Adopted person wants to know if they are entitled to inherit part of their mother's home and farm under recently-passed legislation. Photograph: iStock
This is a very poignant and delicate situation, albeit not unique in the occasionally complex pattern of Irish family structures. The first thing is to separate the position in relation to your mother’s home and to the land that she owned. The copy of the will that you sent with your letter makes it clear that he inherited the home absolutely on your mother’s death. There is no life interest; it is his from that point.
This is down to the legal nature of adoption. For instance, if you had been fostered rather than adopted, you would retain inheritance rights from your mother. But you are, understandably, more concerned with your own position, and specifically if the recent passing of the Birth Information and Tracing Act, shepherded through the Oireachtas by the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, changes your position.
This is the crux. And separate legislation, the Status of Children Act 1987 mentioned earlier, sets down the position of adopted people quite clearly. But if the adoption was illegal, the department notes that the Birth Information and Tracing Act 2022 “contains a number of provisions specifically relating to these matters in order to provide certainty to persons who were the subject of an illegal or incorrect birth registration”.
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