Can disclosure vetoes be overridden?

The AARA appears to contain only 2 exceptions to a disclosure veto. These are: when the veto is filed after the release of information as in the following first 2 points below or after death.

• A dislcosure veto submitted by an adopted person with respect to one or two birth parents does not come into effect with respect to any birth parent to whom the Registrar General has already given information before the match is made.



• A dislosure veto submitted by a birth parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person uncertified copies of the birth documents.



• or... if an adopted person or birth parent who submitted a disclosure veto under this section dies and the disclosure veto is in effect, the disclosure veto ceases to be in effect when the Registrar General has received evidence of the death.

D.

Disclosure Vetoes and medical history

The newly created disclosure veto form ( see below for link) includes a blank area for the filing party to inlcude a brief statement of any information they wish to include about medical history. This section of the form is nothing more than a blank box and it is not a mandatory section to be filled in. Concern about the potential lack of medical detail collected at the time of filing a disclosure veto was raised and recorded in the Committee Transcripts: Standing Committee on Social Policy - April 21, 2008 - Bill 12, Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008. Groups such as COAR and parentfinders made recommendations that the disclosure veto form include a comprehensive medical history form that would ask for adequate detail concerning medical history. This was also highlighted by former MPP Marilyn Churley who provided testimony in court about the fact that there are over 2500 identified inheritable diseases which highlights the importance of having your own medical history. Further to this is the fact that medical screening initiatives for a number of these conditions is presently based on a family history ( eg colon cancer screening). The new dislosure veto forms posted on the Service Ontario website do not include any more than a blank space. Further inquiry with the Ministry about whether there is a more detailed form available ( October 24, 2008) confirmed there are no other forms for collecting medical history at this time.

An exception to the above is in the case of what is called a severe medical search. If you are adopted, a descendent of an adopted person or a birth relative of an adopted person and you have a severe mental or physical illness you may be eligible for a severe medical research. A search is conducted where it is likely to significantly increase the liklihood of diagnosing or treating a severe mental or physical illness. Contact is made to the necessary family member to get required information. The information is provided on a voluntary basis and remains non-identifying. Forms for the severe medical search are available at the service ontario website.

The question of medical information/history and what is available to the adoptee raises a ethical issue that is not addressed in the current policy. What rights should the adoptee have in terms of access to current family medical history in light of our modern medical environment and the increasing knowledge about genetically inherited disease susceptibilty.

D.

Disclosure Veto Form available at: http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&ENV=WWE&NO=007-11318E