Adoption Act 2009

A participant may exchange identifying information with another participant while an interim order is in force only if—

an adoption plan required under section 169A has been agreed; and

the chief executive has consented to each participant exchanging identifying information; and

each participant has given a notice of intention stating that the participant wishes to exchange identifying information while the interim order is in force.

A participant may exchange identifying information with another participant after a final adoption order is made only if—

either—

the chief executive has given identifying information to each participant on an application under division 2 or 3; or

the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and

each participant has given a notice of intention stating that the participant wishes to exchange identifying information after the final adoption order is made.

However, despite subsection (2)(a)(i), if the participants exchanged identifying information under subsection (1), the participants may exchange the same type of identifying information after the final adoption order is made if each participant has given a notice mentioned in subsection (2)(b).

For an adult relative of a birth parent who is a participant under section 280(5), subsection (2)(a) applies as if the birth parent were the participant instead of the adult relative.

For subsection (1)(b), the chief executive may consent to a participant exchanging identifying information while an interim order is in force for a child if the chief executive is satisfied that exchanging identifying information is not likely to be contrary to the child’s wellbeing and best interests.