Overview of Current Policy
The following information is taken from the Access to Adoption Records Act, 2007, June
On May 14, 2008.The Provincial Government passed New Legislation regarding adoption information disclosure services, the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2007, (AARA). It will come into effect in stages. The new Legislation now allows:
· adopted adults to apply for copies of their original birth registrations and adoption orders
· Birth parents to apply for information from their child’s birth registration and adoption orders if the adopted person is 19 years or older. Information that would identify the adoptive parents would be removed
· Adopted adults and birth parents to apply to place a disclosure veto on their file if their adoption was finalized prior to September 1, 2008.
Other previously existing adoption information disclosure services will continue to operate unaffected by the new legislation, including the delivery of non -identifying information upon request to adopted persons or to birth families; searches in the event of severe medical conditions; and the adoption disclosure register.
If the adoptee or the birth parent decides that they do not wish to be contacted, they may choose to register a disclosure veto which would prevent the release of any information on the original birth registration or adoption order that could identify the person who registered the veto. This is available to adopted adults and birth parents involved in adoptions finalized before September 1, 2008.
If no disclosure veto is registered, or if the adoption order was made after September 1, 2008, the adopted person or birth parent may receive identifying information that was previously unavailable officially. Many adoptive persons already have that information, but it is less likely that birth families would have had that information.
If a disclosure veto is registered, the person may still apply for non identifying information just as before. This information may include their date of birth and where they were born. If a birth parent decides to register a veto, they will have the opportunity to voluntarily provide a brief statement to explain why they submitted the disclosure veto and updated information about their family and medical history.
Privacy will be protected by allowing adoptive people and birth parents involved in adoptions before September 1, 2008 to submit a disclosure veto to protect their information if needed. People who had adoptions finalized after September 1, 2008, may chose to place a no contact notice on their file to say that they do not wish to be contacted. They are not promised confidentiality as the people involved in earlier adoptions were. People who adopt a child after September 1, 2008, are aware that their records may be opened upon request.
No contact notices and disclosure vetos are intended to be protective measures and so it is an offense if not obeyed. A violation is subject to a penalty of up to $50,000. If a corporation is guilty of not obeying the veto, they can be fined up to $250,000.
Applications for Disclosure vetos will be available after September 1, 2008.
Applications for Identifying information from birth registrations and adoption orders can be made on or after June 1, 2009. This will give time for those birth parents and adopted adults who do not wish to be contacted to register disclosure vetos, no contact notices or notices of contact preference.
Requests for contact where there is a history of abuse under the Child and Family Services Act are no longer protected as they were under the previous Disclosure Registry. Previous waivers of protection are no longer valid. The new legislation provides no protection to adopted adults who were previously abused by their birth parents because the legislation states that all parties involved are now adults. If they are aware of significant abuse history they may chose to place a disclosure veto or no contact order on their files before June 1, 2009 or immediately upon turning 18 years of age.
H.
The following information is taken from the Access to Adoption Records Act, 2007, June
On May 14, 2008.The Provincial Government passed New Legislation regarding adoption information disclosure services, the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2007, (AARA). It will come into effect in stages. The new Legislation now allows:
· adopted adults to apply for copies of their original birth registrations and adoption orders
· Birth parents to apply for information from their child’s birth registration and adoption orders if the adopted person is 19 years or older. Information that would identify the adoptive parents would be removed
· Adopted adults and birth parents to apply to place a disclosure veto on their file if their adoption was finalized prior to September 1, 2008.
Other previously existing adoption information disclosure services will continue to operate unaffected by the new legislation, including the delivery of non -identifying information upon request to adopted persons or to birth families; searches in the event of severe medical conditions; and the adoption disclosure register.
If the adoptee or the birth parent decides that they do not wish to be contacted, they may choose to register a disclosure veto which would prevent the release of any information on the original birth registration or adoption order that could identify the person who registered the veto. This is available to adopted adults and birth parents involved in adoptions finalized before September 1, 2008.
If no disclosure veto is registered, or if the adoption order was made after September 1, 2008, the adopted person or birth parent may receive identifying information that was previously unavailable officially. Many adoptive persons already have that information, but it is less likely that birth families would have had that information.
If a disclosure veto is registered, the person may still apply for non identifying information just as before. This information may include their date of birth and where they were born. If a birth parent decides to register a veto, they will have the opportunity to voluntarily provide a brief statement to explain why they submitted the disclosure veto and updated information about their family and medical history.
Privacy will be protected by allowing adoptive people and birth parents involved in adoptions before September 1, 2008 to submit a disclosure veto to protect their information if needed. People who had adoptions finalized after September 1, 2008, may chose to place a no contact notice on their file to say that they do not wish to be contacted. They are not promised confidentiality as the people involved in earlier adoptions were. People who adopt a child after September 1, 2008, are aware that their records may be opened upon request.
No contact notices and disclosure vetos are intended to be protective measures and so it is an offense if not obeyed. A violation is subject to a penalty of up to $50,000. If a corporation is guilty of not obeying the veto, they can be fined up to $250,000.
Applications for Disclosure vetos will be available after September 1, 2008.
Applications for Identifying information from birth registrations and adoption orders can be made on or after June 1, 2009. This will give time for those birth parents and adopted adults who do not wish to be contacted to register disclosure vetos, no contact notices or notices of contact preference.
Requests for contact where there is a history of abuse under the Child and Family Services Act are no longer protected as they were under the previous Disclosure Registry. Previous waivers of protection are no longer valid. The new legislation provides no protection to adopted adults who were previously abused by their birth parents because the legislation states that all parties involved are now adults. If they are aware of significant abuse history they may chose to place a disclosure veto or no contact order on their files before June 1, 2009 or immediately upon turning 18 years of age.
H.
