(based on 'Adoptions
Australia 2008-09', Child Welfare Series No. 48, Australian Institute of Health
and Welfare, February 2010)
State
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Legislation/ Regulations/Guidelines
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Access to Information
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Veto system/Register
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Western
Australia
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Adoption Act 1994 (WA)
Adoption Regulations 1995 (WA)
Adoption Amendment Act 2003 (WA)
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Adoption plan: plans must
be negotiated to facilitate the sharing of information about the child
between the birth and adoptive parents. The Family Court of Western Australia
may dispense with the requirement to facilitate information sharing. Plans
can also provide for no contact between the parties.
Access to information:
birth parents, adoptive parents and adopted persons can obtain identifying
and non‑identifying information about the adoption from departmental
records at the departmental CEO's discretion
Adoptions before 1 January 1995: adopted persons aged 18 years or over may access birth records and
adoption records. Adopted persons under 18 years of age may access birth and
adoption court records if parties to the adoption consent.
Adoptions from 1 January 1995:
access is less restrictive.
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Message
box system allows anonymous contact.
2003
amendments prohibit placement of new information or contact vetoes on
adoptions since that date. All existing information vetoes were removed in
June 2005.
On
30 June 2009, there were 725 vetoes in place in WA, of which 281 were placed
by adopted persons, 233 by adoptive mothers and 189 by birth mothers.
623
information applications were lodged in 2008‑09.
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Victoria
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Adoption Act 1984 (Vic)
Adoption Regulations 2008 (Vic)
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Adoption order: orders may
include conditions relating to information exchange and/or access between the
parties.
Access to information: adopted
persons aged 18 years or over may apply for their original birth certificate
and adoption records. Adopted persons under 18 years of age require their
adoptive parents' agreement and consent from birth parent/s.
Birth
parents and relatives may access non-identifying information about the
adopted person from records. Identifying information may be provided with the
adopted person's consent (over 18 years of age) or that of the adoptive
parents if the adopted person is less than 18 years of age.
Adult
children of adopted persons have the same rights to information as the
adopted person, with either the adopted person's consent or, if the adopted person
is dead, a death certificate.
Adoptive
parents may apply for information about the birth family's background.
Birth
parent's written permission is required before identifying information may be
released. Where an adopted person is 18 years or over, they must be notified
of the intention to release identifying information about the birth family.
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There
is no veto system.
A
register operates on which people can record their wishes about giving/receiving
information or making contact.
Adopted
persons may make direct contact, however a specialised agency makes contact
with adopted persons and birth parents and relatives. The agency will ask the
parties what their wishes are and mediate between the parties.
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New
South Wales
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Adoption Act 2000 (NSW)
Adoption Regulation 2003 (NSW)
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Adoption plan: plans may
provide for the regular exchange of information and for contact.
Access to information: an
adopted person aged 18 years or over may access their original birth
certificate and other information. Birth parents may access details of their
child's adopted identity when that child reaches 18 years of age. Birth
parents may also access information about their child (while aged under 18
years of age), such as health and welfare information. With the adoptive
parents' permission, identifying information may be released.
Adoptive
parents receive non-identifying information about their child's birth family
when the child is less than 18 years of age. With the birth parent's
permission, identifying information may be released.
Adult
adopted persons, birth and adoptive parents are able to lodge a request for advanced
notice of an application for identifying information about them. This will delay
release of the information for two months to allow time to prepare.
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Contact
vetoes do not apply to adoptions made after 26 October 1990. If an
adoption occurred before 26 October 1990, birth parents and adult
adopted persons are able to lodge contact vetoes.
There
were 4,215 contact vetoes in place as at 30 June 2009, of which
2,359 were lodged by the adopted person and 1,803 by the birth mother.
On
lodgement of a contact veto, it becomes an offence for the information
recipient to try to contact the person who imposed the veto.
Information
can be released if the applicant gives a written undertaking not to use the
information to seek contact with the person about whom they seek information.
900
identifying information applications were lodged in 2008-09.
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South
Australia
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Adoption Act 1988 (SA)
Adoption Regulations 2004 (SA)
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Adoption arrangements:
arrangements may be made to provide access to information or contact between
the parties; however, these are not legally binding.
Access to information:
adopted persons aged 18 years or over may access information in their
original birth certificate, as well as details about their natural parents
(if known). Adopted persons are also entitled to know the names of any
biological siblings who were adopted.
Once
the adopted person reaches 18 years of age, birth parents may access the adoptive
name of their birth child and the names of the adoptive parents.
Adoptive
parents may also apply for particular information under certain
circumstances. Descendants of an adopted person and certain birth relatives
of the adopted person may also apply for information in certain
circumstances.
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Both
adopted persons and birth parents may veto the release of identifying
information if the adoption occurred prior to the Act coming into force. A
specific contact veto does not exist.
Adoptive
parents may lodge a veto to restrict identifying information about themselves
being released to the birth parents with a provision that this does not
prevent the adopted person and birth parent/s from making contact.
There
were 457 identifying information vetoes in place as at 30 June 2009.
There
were 368 information applications lodged in 2008-09.
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Tasmania
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Adoption Act 1988 (Tas)
Adoption Amendment Act 2007 (Tas)
Adoption Regulations 2006 (Tas)
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Adoption arrangements: openness
is promoted.
Access to information: adopted
persons aged 18 years or over may apply for access to their pre-adoption
birth record and information from their adoption record. Adopted persons
under 18 years may only apply for information with the consent of their
adoptive parents.
Adopted
persons, birth parents, and relatives and descendants of an adopted person may
apply for non‑identifying information at any time or for identifying
information after the adopted person turns 18 years.
Adoptive
parents may apply for non-identifying information at any time but may only receive
the birth parent's name with the permission of that person.
All
applicants resident in Tasmania must attend an interview with an approved counsellor
before receiving information.
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The
right to information is unqualified. However, contact vetoes may be
registered.
Adopted
persons, birth parents and relatives, descendants of an adopted person or
adoptive parents may register a contact veto.
Where
a veto has been registered, identifying information is released only after an
undertaking not to attempt any form of contact has been signed. An attempt to
make contact where a veto is in force is an offence. A contact veto may be
lifted at any time by the person who lodged it.
121
contact vetoes were in effect as at 30 June 2009.
101
applications were lodged for information in 2008‑09.
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Queensland
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Adoption of Children Act 1964 (QLD)
Adoption of Children Regulation 1999
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Adoption – exchange of information: identifying information is confidential until an adopted person
reaches 18 years of age. Where both parties agree, adoptive and birth parents
and birth relatives may exchange correspondence through Adoption Services
before the adoptive person turns 18 years of age. Families participating in correspondence
exchange may only communicate non-identifying information and may not have
direct contact with each other.
Access to information:
birth parents who signed an adoption consent before June 1991 and persons
adopted before June 1991 may access identifying information if an objection
to disclosure has not been lodged.
Birth
parents who signed an adoption consent after June 1991 and persons adopted
after June 1991 may receive identifying information about each other, once
the adopted person reaches 18 years of age.
Eligible
relatives of an adopted person or a birth parent who signed an adoption consent
may obtain identifying information in certain circumstances.
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Vetoes
are referred to as 'objections'. Birth parents who signed an adoption consent
before June 1991 and persons adopted before June 1991 may lodge an objection
to contact only or to the disclosure of identifying information and contact.
An
objection to contact or to the disclosure of identifying information and contact
remains in force unless it is revoked by the person who lodged it.
The
Act makes no provision for birth parents who signed an adoption consent after
June 1991 and persons adopted after June 1991 to lodge an objection to contact
or to the disclosure of identifying information and contact.
There
were 254 contact vetoes in place as at 30 June 2009, of which 179
were lodged by the adopted person and 75 by the birth mother.
There
were 2,745 identifying information vetoes in place as of 30 June 2009,
of which 1,563 were placed by the adopted person and 1,175 by the birth
mother.
803
applications for information were lodged in 2008‑09.
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Northern
Territory
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Adoption of Children Act 1994 (NT)
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Adoption arrangements: openness
is promoted.
Access to information: legislation
before 1994 did not provide for information release to parties to an
adoption. However, identifying information is available unless a veto has
been lodged.
Indigenous
child care agencies provide counselling for the purpose of supplying
identifying information in relation to Indigenous children.
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3-year
renewable vetoes may be lodged by the adopted person or birth parents if the
adoption was finalised before 1994.
There
is no veto provision with respect to adoptions finalised under the Act.
11
contact vetoes were in effect as at 30 June 2009.
98
applications were lodged for information in 2008‑09.
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Australian
Capital Territory
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Adoption Act 1993 (ACT)
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Adoption arrangements:
conditional orders may regulate contact. Some contact or information exchange
is encouraged.
Access to information: an
adopted person aged 18 years or over, birth and adoptive parents and birth
relatives may apply for identifying information about the adoption.
Identifying information consists of a copy of, or extract from, an entry from
the births register relating to the adopted child, or information from which
a birth parent, birth relative or adopted child may be identified (excluding
the address of a place of residence).
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There
is an unqualified right to information.
Only
contact vetoes may be registered. The veto must refer to a specified person/class
of persons.
Adopted
persons over 17 years and 6 months of age, adoptive parents, adult birth relatives,
adoptive relatives and adult children or other descendants of the adopted
person may lodge contact vetoes. On lodgement of a veto, it becomes an offence
for the information recipient to try to contact the person who imposed the
contact veto.
Where
information is requested and a veto is in place, no information is provided
unless the person requesting information has attended counselling and signed a
declaration that he or she will not attempt contact in any form.
105
contact vetoes were in place as at 30 June 2009. 40 information
applications were lodged in 2008-09.
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