How Were the Changes that Just Happened Brought About?

The changes that are currently in process of being implemented came about through dialogue with stakeholders and through protest by people affected on both sides of the issue. The media was heavily involved in presenting both sides of the debate.

Adoption records have traditionally been kept confidential through legislation, but in recent years, some agencies have moved towards more open adoption arrangements. This movement towards various types of openness comes as a reaction to the secrecy that has traditionally marked adoption. It is also affected by the present culture and social construction of family with a focus on biology as opposed to affectionate bonds and social ties (Ambert, 2003). Depending on the situation, many agencies created various forms of openness, in which contact between the adoptee and the birth family, ranging from letters or information sent through the society, to contact with supportive extended family members, to face to face contact with birth parents in specific situations. Such openness is at the discretion of the adoptive parents. Face to face contact with birth parents is not a usual practice for Child Welfare related adoptions unless it is believed to be in the child's best interests.

The issue of open or confidential records affects everyone who is involved in the adoption process, and each person may be profoundly impacted by the outcome of a decision to make contact or a decision not to make contact. For this reason there are strong feelings involved for both sides. Changes have evolved over time.

If you are interested in reading about information about the history of Adoption Disclosure, this is available earlier in the blog.

The Adoption Information Disclosure Act, 2005, amended the Child and Family Services Act and the Vital Statistics Act. Phase One of the new legislation was implemented in January 31, 2007. This allowed adult adoptees over the age of 18 and birth parents to register privacy protections with the Registrar General in the form of no contact notices or contact preferences. This was intended to balance the right of adult adoptees to know about their history and identity, with the right for adoptees and/or birth parents to protect their identity and privacy.

On September 17, 2007, the Adoption Information Disclosure Act was passed, and two days later on September 19, 2007, it was struck down as unconstitutional.

Further changes were made in response to public protest to the plan to release identifying information even in case of past abuse or to situations where the birth parent or adoptee adamantly did not want to be identified. Revisions were made and on May 14, 2008, a revised Access to Information Act (Vital Statistics Statute Law Amendment) 2007 (AARA) was passed.

This allowed:

• Adopted adults to apply for copies of their original birth registrations and adoption orders. Information identifying the adoptive parents will not be disclosed.
• Birth parents to apply for information from their child’s birth registration and adoption orders if the adopted person is 19 years of age or older.
• Adopted adults and birth adults to place a disclosure veto on their file if their adoption was finalized prior to September 1, 2008. The disclosure veto prevents the release of any information found in the birth registration and the adoption order that would identify the person who filed the veto. Applications for Disclosure vetoes were made available on September 1, 2008.

The provision of contact preferences as set out in the AARA of September 2007 was implemented on May 14, 2008. This is available to anyone if the adoptee in over the age of 18, regardless of when the adoption was finalized. A “no contact notice” was made available to prevent disclosure of identifying information in circumstances where there are concerns about preventing sexual harm or significant physical/emotional harm. This means that the birth parent or the adoptee would have to agree in writing, not to contact the person who registered the “no contact notice” before he or she can receive information from the birth registration or the adoption order. The person who violates a “no contact notice” may be fined up to $50,000.

These changes came about because the issue of opening adoption disclosure records brings up controversy and debate as to whose interests such arrangements serve, and there is ongoing debate about the outcomes such arrangements have on those who are involved.

June 1, 2009, is designated as the day when post adoption birth information will be made available.