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