Overview of the Revised Policy

Overview of Revised Policy
Early on in the blog, we provided an overview of the AARA 2007 in its current form. From that, we have removed the pieces we feel need to be removed and added in the pieces that we feel need to be included in order to make an appropriate amendment to the policy. The following is an overview of the proposed AARA 2007 in its revised form as we would like to see it.



Information provided in italics are revisions that we would like to see made rather than current components of the AARA 2007. Throughout the revised edition, the condition of having the adoption order finalized after September 1, 2008 has been removed - again, this is a revision that we would like to see, rather than a reflection of what is currently in the policy.


The 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 (on adoption orders finalized before OR after 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.



The delivery of non-identifying information will be regulated across the province as to what information can and will be provided based on individual circumstances. Searches will be conducted by the ministry for all contact requests, providing the applicant (in the case of no veto), the most up to date personal information as possible. All potential contactees who have not filed a disclosure veto will be notified by the Ministry by registered mail 30 days before identifying contact information will be provided to the applicant. At this time, they have the option of indicating contact preferences, such as the mediation of a third party through whom contact will be made. Pre-reunion counselling will be made available to the adoptee and the birth parent through their local CAS should they desire or require it.


If the adoptee or the birth parent decides that they do not wish to be contacted, they may chose to register a disclosure veto during the adoptees 19th year 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 all adopted adults and birth parents involved in adoptions..
If no disclosure veto is registered, 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. Birth parents will be required by law to update the medical history every five (5) years through the ministry registry. No contact need be made between adoptee and birth parent for this update to be provided, and no identifying information need be provided.
Privacy will be protected by allowing adoptive people and birth parents involved in all adoptions to submit a disclosure veto to protect their information if needed. All people who had adoptions finalized in Ontario may chose to place a no contact notice on their file to say that they do not wish to be contacted. They are promised protection of their personal identifying information through Canadian privacy laws as the people involved in earlier adoptions were.



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.


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.



These policy revisions have been developed as a result of collaboration within the blogging group (please see our profile for more information about who we are and what our aims were in this blogging excercise) and in the hopes of reflecting the needs expressed throughout our research and through feedback we have received from people on and off the blog. We sincerely welcome your commentary, opinions and discussion about any of the revisions that we have made, and any suggestions you may have for changing the revisions that we have made or additional revisions that need to be made in your opinion. We appreciate the contributions that commentators have already made to our knowledge of the issues around the AARA 2007 and look forward to hearing any input you may have.


L.

Recommendations: contact notice

We recommend that when a match for reunion is made through the Adoption Disclosure Registry, that the practice of sending a registered letter to the adoptee and the birth relative and the CAS where the original adoption took place, 30 days in advance of connection be continued after June 1, 2009. This will give both parties time to prepare for the upcoming contact and will give time for the contact preference style to be confirmed. If there is no current contact information available, we recommend that Service Ontario provide assistance to provide a means of contact or an address to make the connection.

In the event that an adoptee asks for the birth name, or the birth parent asks for the adoptive name, we recommend that a registered letter be sent to the other party to inform them that their names will be released in 30 days. This will give the person time to prepare in the event that the relative decides to make a search. We understand that after June 1, 2009, if a contact preference was filed, that an address or way of contacting will be provided. If no contact preference was filed, we recommend that Service Ontario provide guidance or assistance to determine whether or how to do a respectful search.

H.