Entitlement of adopted person—information prescribed under section 134
99 Entitlement of adopted person—information prescribed under section 134
Note.
This clause does not cover all information that an adopted person may be able to receive, or be supplied with, under the Act. See Divisions 4–6 of this Part. Under section 134 (3) of the Act, an adopted person who is less than 18 years old will generally be entitled to receive prescribed information only with the consent of his or her adoptive parents and birth parents.
An adopted person is entitled to receive—
any relevant information held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of his or her birth parent, sibling, grandparent, aunt or uncle that will give the adopted person knowledge of his or her origins, and
any of the following information held by an information source—
date on which the person was placed with adoptive parents,
date of adoption order,
copy of the instrument of consent to the adoption,
copy of the request to make arrangements for the adoption,
copy of adoption order or memorandum of adoption (or both),
reason the person was placed for adoption (as stated by the birth parent or recorded by the information source before the adoption order was made),
copies of reports of any medical examinations of the adopted person carried out before the adoption order was made,
any document certifying particulars of the birth, marriage or death of a birth parent,
any message given to the information source by a birth parent for the adopted person if clause 112 is complied with,
any other document, report, photograph or recording relating to the adopted person that contains information about his or her origins,
advice of the death of a birth parent if the information relating to the death is held by the Department or an accredited adoption service provider.
An adopted person is entitled to receive the following information held by an information source relating to any of his or her adopted brothers or sisters who are 18 or more years old—
adoptive name,
date of birth,
place of birth,
date of placement for adoption,
date of adoption order,
copy of adoption order or memorandum of adoption (or both),
any document certifying particulars of the marriage or death of the adopted brother or sister,
the following details concerning adoptive parents—
age,
nationality,
ethnic background,
occupation,
hobbies and interests,
religion,
composition of adoptive family (including number of children and their age and sex).
Despite subclause (1), an adopted person is not entitled to receive—
information about a birth parent, sibling, grandparent, aunt or uncle that identifies any other person if the information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 unless the information is information that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy, or
information consisting of the family name of a birth parent, sibling, grandparent, aunt or uncle unless that information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy.
Note.
Subclause (3) (a) prevents the supply of information about persons such as marriage celebrants or witnesses involved in events that are required to be registered under the Births, Deaths and Marriages Registration Act 1995.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.