Filed Under: Adoption, Adult, Grown-ups, Parenting, Relationships

Provincial Adoption Disclosure Legislation Guide

Each province has its own adoption disclosure legislation. Here's how it breaks down

May 21st, 2009

By Paula Schuck

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Alberta

Disclosure vetoes are available only if the adoption took place prior to January 1, 2005. Adoptions completed after January 1, 2005 are considered “open” — no standard disclosure veto available except under unique circumstances e.g. if there is a consideration of risk to the child or adoptive family. Those under the age of 18 are not permitted to search. The Post Adoption Registry, maintained by the Government of Alberta, Children and Youth Services, does not routinely conduct searches except if there is a medical concern, but does provide identifying and non-identifying information (depending on whether a disclosure veto has been filed), and assistance with reuniting where both parties have agreed to the reunion.

British Columbia

In British Columbia the Adoption Reunion Registry has a legislated mandate to provide search, intermediary and counselling services. In regards to privacy, if the adoption took place prior to 1996, a disclosure veto can be filed. After this date, the option available is a no-contact veto.

Manitoba

Once the adoptee is 18, birth parents or adoptees can request original records unless a contact veto or disclosure veto is on file. Adoptions prior to March 15, 1999 prohibit the release of any identifying information without the consent of both parties. Adoptions after this date allow eligible family members to obtain identifying information once all parties are 18 unless a disclosure veto has been filed. As well, a contact veto prohibits parties to an adoption from knowingly contacting or attempting to contact the person who filed the veto in any way.

New Brunswick

A post-adoption disclosure registry is maintained to link those adoptees and birth relatives 19 and over wishing contact. Both parties must give consent for identifying information to be released.

Newfoundland and Labrador

When adoptees reach 19, either they or their birth parents may apply to the Vital Statistics Division to receive a copy of their original birth registration, birth name and birth parents’ names unless a disclosure veto or no contact declaration has been filed. There is a one-year delay between a request for information and the actual release, to allow time for both parties, if they choose, to file those documents to protect their privacy.

Northwest Territories

Northwest Territories, Health and Social Services’ Post Adoption Registry provides non-identifying information, adoption orders, searches and contact services to persons over 19 years whose adoptions were finalized after November 1, 1998. Identifying information is released only with the consent of both parties.

Nova Scotia

Both parties must have reached age of majority, unless written consent is given by adoptive parents permitting their minor child to search. If both parties have registered, a social worker arranges contact. If only one has registered, then staff will conduct an active and confidential search. If one party wants no contact then identifying information is not released.

Nunavut

Nunavut adoptions can be private, government or controlled by the Aboriginal Custom Adoptions Act. In all three cases, it is common for adoptions to be open and for the records to be open to adult adoptees and birth family members.

Ontario

Adopted adults and birth parents are able to obtain information from birth and adoption records for adoptions registered in Ontario. However, adopted adults and birth parents are able to file disclosure vetoes in adoption cases prior to September, 2008.

Prince Edward Island

A matching registry exists. Open adoptions can be arranged; otherwise mutual consent is required to release identifying information. Additional adoption disclosure services include written non-identifying background information, an active search service and counselling services.

Quebec

At 14 you can begin a search — prior to that, consent from the adoptive parents is required. Only with the consent of biological parents can identity and contact information be released. Some youth centres insist that a support worker be present at the reunion. In other regions, adoptees can be accompanied by a volunteer from the Movement Retrouvailles, a non-profit organization.

Saskatchewan

Since 1989, the Government of Saskatchewan’s Ministry of Social Services has offered “open” adoptions as an option. Openness allows for varying degrees of contact and information sharing between the birth parent and adoptive parents as the adopted child grows up. The Saskatchewan Post Adoption Registry handles requests for information or contact from those involved in the adoption process. Services provided free of charge through the Post Adoption Registry include: provision of non-identifying information, search and contact, passive registration, specific documents, and special search services.

Yukon

Yukon post-adoption services include assisting adult adoptees and birth parents with disclosure, reunion information or counselling.

Provincial Adoption Disclosure Legislation Guide Illustration by Jillian Ditner
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