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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 18 November 2017 at 06:19)
Chapter 8 Part 2 Division 1
Division 1 Access entitlements (adoptions after 2008 changes)
133B   Application of Division
This Division applies in respect of an adoption given effect to by an adoption order made on or after the commencement of this Division as a consequence of an application for an adoption order made on or after the commencement of this Division.
Note.
 Changes to access entitlements were made by the Adoption Amendment Act 2008 (which inserted this Division into this Act). For access entitlements in relation to adoptions before those changes, see Division 2.
133C   Adopted person’s rights
(1)  An adopted person is entitled to receive (subject to this Act):
(a)  the person’s original birth certificate, and
(b)  his or her adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person held by an information source (including prescribed information relating to the adopted person’s birth parents, siblings and adopted brothers and sisters).
(2)  Despite subsection (1) (a), an intercountry adopted person is entitled to receive his or her original birth certificate only if such a certificate is held by an information source.
(3)  An adopted person who is less than 18 years of age is not entitled to receive his or her original birth certificate or adopted person’s birth record, or prescribed information, except with the consent of:
(a)  his or her surviving adoptive parents, or
(b)  the Secretary if there are no surviving adoptive parents or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.
133D   Adoptive parent’s rights
(1)  An adoptive parent of an adopted person is entitled to receive (subject to this Act):
(a)  the adopted person’s original birth certificate, and
(b)  the adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person held by an information source.
(2)  Despite subsection (1) (a), the adoptive parents of an intercountry adopted person are entitled to receive the adopted person’s original birth certificate only if such a certificate is held by an information source.
133E   Birth parent’s rights
(1)  A birth parent of an adopted person is entitled to receive (subject to this Act):
(a)  the amended birth certificate of the adopted person if a record of the adoption of the person is registered under the Births, Deaths and Marriages Registration Act 1995, and
(b)  the adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person or adoptive parents held by an information source.
(2)  A birth parent of an adopted person who is less than 18 years of age is not entitled to receive any adoption information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the adoption information issued by the Secretary.
(3)  The Secretary may issue, or refuse to issue, an authority to supply adoption information to the birth parent of an adopted person who is less than 18 years of age.
(4)  The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.
(5)  The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.
(6)  The Secretary may issue an authority to supply adoption information under this section subject to conditions.
(7)  An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.
(8)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
133F   Discretion to supply other information to birth parents
(1)  A designated person may supply a birth parent with prescribed information held by an information source about an adopted person who is less than 18 years of age without production of the amended birth certificate of the adopted person or authority to supply the adoption information if, in the opinion of the designated person, the information could not be used to identify the adopted person or his or her adoptive parents.
(2)  A birth parent of an adopted person may request the Secretary or a principal officer to take such action as is reasonable in the circumstances to ascertain from the adopted person’s adoptive parents information of a kind prescribed by the regulations as to the current physical and emotional well-being of the adopted person.
(3)  A birth parent of an adopted person is entitled to receive from the Secretary (or from an information source authorised to supply the information) any information obtained in response to a request made under this section:
(a)  that the Secretary considers does not identify, or could not be used to identify, the adoptive parents, and
(b)  if, in the opinion of the Secretary, it would promote the welfare and best interests of any of the parties concerned.
(4)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
133G   Non-adopted sibling’s rights
(1)  A non-adopted sibling of an adopted person is entitled to receive (subject to this Act) any prescribed information relating to the adopted person.
(2)  A non-adopted sibling who is less than 18 years of age is not entitled to receive any prescribed information relating to an adopted person except with the consent of:
(a)  the surviving parents of the non-adopted sibling, or
(b)  the Secretary, if there are no surviving parents or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.
(3)  A non-adopted sibling of an adopted person who is less than 18 years of age is not entitled to receive any prescribed information held by an information source relating to the adopted person unless the non-adopted sibling produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary.
(4)  The Secretary may issue, or refuse to issue, an authority to supply adoption information to a non-adopted sibling of an adopted person who is less than 18 years of age.
(5)  The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.
(6)  The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.
(7)  The Secretary may issue an authority to supply adoption information under this section subject to conditions.
(8)  An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.
(9)  In this section, a non-adopted sibling of an adopted person means a sibling of an adopted person who is not himself or herself an adopted person.