Press Release from the Ontario Government Newroom (November 1, 2005):

Ministry of Community and Social Services

New Adoption Information Law Improves Right To Information And Privacy For Adoptees And Birth Parents

Legislation Balances The Right To Know With The Protection Of Privacy

TORONTO, Nov. 1 /CNW/ - Ontario's new adoption information law will soon
give adoptees and birth parents easier access to information sealed in
adoption records and new privacy protections for people who want to keep their
past in the past, Minister of Community and Social Services Sandra Pupatello
announced today.
The Ontario legislature today passed Bill 183, the Adoption Information
Disclosure Act, 2005. The legislation updates provincial adoption information
laws.
"This legislation will give adoptees the same rights as non-adopted
individuals, while allowing those who wish to maintain their privacy to do
so," said Pupatello. "It strikes the right balance and recognizes that the
right to information is not the same as the right to a relationship."

Once fully implemented, the new adoption information law will:

- Give adoptees who are 18 years old or older the right to obtain copies of their original birth records and adoption orders that would provide them with their original birth name and may identify birth parents
- Provide birth parents with access to information from the adoptee's birth records and adoption orders once the adoptee has reached 19 which could allow them to learn the adoptee's name after adoption
- Allow the Child and Family Services Review Board to prohibit disclosure of identifying information in circumstances where there are concerns for personal safety
- Give all parties the right to put a "no contact" notice on their file, prohibiting each party from contacting the other.

The legislation will come into full effect in approximately 18 months.
The transition period will allow the province time to put necessary procedures
in place to process requests for information and "no contact" notices. The
transition period will also provide time for adoptees and birth parents to
learn about their new information and privacy rights.
"We're thrilled that the McGuinty government is recognizing that adoptees
have the same rights as every other Ontarian - to know who they are," said
Wendy Rowney with the Coalition for Open Adoption Records. "Many birth parents
and adoptees in this province have waited decades for this day to arrive;
we're finally here."
Currently, it can take up to four years to re-unite families through
Ontario's adoption disclosure register. In 2004, only 887 individuals out of
57,000 who were on the register were reunited. The new law should help
adoptees and birth parents learn about their medical and personal history
without any unnecessary hardship or delay.
"Imagine not knowing about your personal history, or who your parents
are. Imagine not knowing if the child you gave up has had a good life," said
Pupatello. "Finally, our adoption information laws will recognize how
important these things are to adoptees and birth parents. Finally, Ontario
adoptees will have what the rest of us take for granted - the right to know
their personal identity and history."

Disponible en français

www.mcss.gov.on.ca

Backgrounder
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ADOPTION DISCLOSURE LEGISLATION THAT BALANCES
THE RIGHT TO KNOW WITH THE PROTECTION OF PRIVACY

The Adoption Information Disclosure Act, 2005, amends the Child and
Family Services Act and the Vital Statistics Act, and balances the right of
adult adoptees and birth parents to know about their history and identity with
the protection of privacy.

The Right To Know
- Adoptees who are 18 years old or older will be able to obtain copies of their original birth records that will provide them with their original birth name and may identify birth parents.
- Adoptees over the age of 18 will be able to obtain copies of their adoption orders that may provide information on the adopted person's given name at birth, birth registration number and name of adoptive parents.
- Birth parents will be able to have access to information from their child's birth records and adoption orders one year after the adoptee has reached 18. Information about the adoptive parents would be removed from the adoption records.

The Protection of Privacy
- Birth parents and adult adoptees will be able to apply to the Child and Family Services Review Board to prevent disclosure of identifying information in circumstances where there are concerns for personal safety.
- All parties have the right to put a "no contact" notice on their file. This means the birth parent or adoptee must agree, in writing, not to contact the person who registered the "no contact" notice, before he or she can receive information from the birth record or adoption order. A person who violates a "no contact" notice may be fined up to $50,000.
- When an individual files a "no contact" notice, he or she will be asked to fill out a voluntary form that requests family history, medical information and other information the person agrees to disclose. That information will be passed on to the adoptee or birth parent upon request.

Full implementation of the legislation will occur approximately 18 months
after Royal Assent to allow the government to put required procedures and
processes in place to file "no contact" notices and conduct searches for
information. The transition period will also allow time for adoptees and birth
parents to learn about their new information and privacy rights.
The legislation is retroactive and applies to all adopted individuals
whose adoptions were registered in Ontario.

Disponible en français

www.mcss.gov.on.ca

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For further information: Contacts: Sara Best, Minister's Office,
(416) 325-5219; Paul Doig, Ministry of Community and Social Services,
(416) 325-5187; Public Inquiries, (416) 325-5666, Toll Free: 1-888-789-4199