BILL 24 – CHILD WELFARE AMENDMENT ACT, 2003
“Right to disclosure, pre-2005 adoptions
74.2(1) In this section,
(a) “adopted person” means a person who is adopted under an adoption order made prior to January 1, 2005;
(b) “parent” means a biological parent and an adoptive parent under a previous adoption order.(2) Subject to subsection (3), on receiving a written request from an adopted person who is 18 years of age or older, a descendant of a deceased adopted person or a parent of an adopted person, the Minister may release to the person making the request the information in the orders, certificates and documents sealed under section 74.1(2) other than personal information about an individual who is neither the adopted person nor a parent of the adopted person.
(3) The Minister shall not accept a request under subsection (2) from a parent of an adopted person unless the adopted person is 18 years and 6 months of age or older.
(4) Despite subsection (2), if an adopted person who is 18 years of age or older or a parent of the adopted person has, prior to the date of the request under subsection (2), registered with the Minister a veto in a form satisfactory to the Minister prohibiting the release of personal information in the orders, certificates and documents sealed under section 74.1(2), the Minister shall not release the personal information unless the veto is revoked.
(5) A person who registers a veto under subsection (4) may revoke the veto by providing written notice of the revocation to the Minister.
(6) A veto registered under subsection (4) is revoked when the person who registered the veto is deceased.
(7) Despite subsections (2) and (4), the Minister may disclose to
(a) an adopted person who is 18 years of age or older,
(b) a descendant of a deceased adopted person, and
(c) an adopted child who is 16 years of age or older who is, in the opinion of the Minister, living independently from the child’s guardian,the birth surname of the adopted person if the adoption order relating to that person did not disclose it.
(8) Despite subsection (2), if the Minister receives proof, satisfactory to the Minister, that all the parents of an adopted person are deceased, the Minister may release to the adopted person or a descendant of the adopted person all the personal information in the orders, certificates and documents sealed under section 74.1(2), including personal information about individuals who are neither the adopted person nor a parent.
Check the Alberta Government’s Childrens’ Services website for more information.