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Contents (2000 - 75)
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Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 22 September 2017 at 14:25)
Chapter 8 Part 2 Division 2
Division 2 Continuation of former access entitlements (adoptions before 2008 changes)
133H   Application of Division
This Division does not apply to adoptions to which Division 1 applies.
134   Adopted person’s rights
(cf AI Act s 6)
(1)  An adopted person is entitled to receive (subject to this Act):
(a)  the person’s original birth certificate, and
(b)  the person’s adopted person’s birth record, and
(c)  any prescribed information relating to the person’s birth parents held by an information source, and
(d)  any prescribed information relating to a sibling or an adopted brother or sister of the person held by an information source.
(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, adopted person’s birth record or prescribed information except with the consent of:
(a)  his or her surviving adoptive parents and surviving birth parents (as shown on the original birth certificate or adopted person’s birth record), or
(b)  the Secretary if there are no surviving adoptive parents or birth parents (as so shown) 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.
(4)  An adopted person is not entitled to receive any prescribed information held by an information source unless the adopted person produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary.
135   Adoptive parent’s rights
(cf AI Act s 7)
(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 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.
(3)  The adoptive parent is not entitled to receive the original birth certificate or adopted person’s birth record unless the adopted person is 18 or more years old and consents to the adoptive parent receiving it.
136   Birth parent’s rights
(cf AI Act s 8)
(1)  A birth parent of an adopted person who is 18 or more years of age 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 the adoptive parents held by an information source.
(2)    (Repealed)
(3)  A birth parent is not entitled to receive any prescribed information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary, except as provided by subsection (6).
(4)  A designated person may supply a birth parent with prescribed information held by an information source about an adopted child 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.
(5)  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 child’s adoptive parents information of a kind prescribed by the regulations as to the current physical and emotional well-being of the child.
(6)  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 subsection (5):
(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 either or both of the parties concerned.
(7)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
Note.
 Designated person is defined in the Dictionary.
136A   Discretion to withhold supply or to supply subject to conditions
(cf AI Act s 12A)
(1)  The following persons may request the Secretary to act under this section:
(a)  an adopted person who is 18 or more years old,
(b)  a birth parent,
(c)  an adoptive parent of a person who is less than 18 years of age,
(d)  an adoptive parent of a person who is 18 or more years of age and who has consented to the request being made.
(2)  The Secretary may, at the request of a person referred to in subsection (1):
(a)  refuse to issue an authority authorising an information source to supply adoption information to which an entitlement arises under this Division, or
(b)  supply such information subject to conditions specified in writing by the Secretary.
(3)  The Secretary may refuse to issue an authority to supply adoption information under this section only if, in the opinion of the Secretary, exceptional circumstances exist that make it necessary to do so to prevent serious harm to a party concerned.
(4)  Conditions that may be imposed by the Secretary under this section include conditions requiring the person entitled to the adoption information to undergo counselling by a person specified by the Secretary before the adoption information is supplied.
(5)  The Secretary must deal with a request under this section in accordance with any guidelines prescribed by the regulations.
(6)  An information source must not supply any adoption information that is the subject of an authority to supply adoption information imposing conditions on its supply unless the conditions are complied with.
(7)  The Secretary cannot delegate his or her functions under this section to any person other than a person employed in the Department.