For people adopted before the commencement of the Adoption Act 1988 , and once the adopted person has reached eighteen years, any information held by the Department for Human Services about the birth parents and the circumstances of the adoption including any message or item given by a birth parent for the adopted child and information about any sibling who was also adopted and has reached eighteen years [Adoption Act 1988 s 27] may be given to -
- the adopted child
- a lineal descendant of the adopted child (provided the adopted child consent, is dead or cannot be located).
Similarly, where the adopted child has reached eighteen years, birth parents may also obtain any information, messages, or items held by Department of Human Services relating to the adoptive parents or the adopted child. If the birth parents consent, are dead or cannot be found, a person who would have been a relative of the adopted child if the adoption order had not been made may also obtain this information, messages or items.
Adoptive parents may also obtain information, messages, or items held by Department of Human Services relating to the birth parent or the adopted child provided the adopted child has reached eighteen years and consents.
Where an adoption occurred before the commencement, an adopted child, adoptive parent or birth parent has the ability to veto the release of identifying information. It is necessary to renew the veto every five years [Adoption Act 1988 s.27B] if the person wishes the restriction to remain in place. Despite this veto power, the Minister may authorise the release of information (even if the necessary consents have not been given) if it is necessary for the welfare of an adopted person [Adoption Act 1988 s.27D].
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Access to information : Last Revised: Tue Aug 8th 2006 |
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