The Adoption Information Disclosure Act, 2005, will allow more open access to adoption records for adult adoptees and birth parents. The changes will be applied retroactively and apply to all adoptees whose adoptions were registered in Ontario.
Full implementation of the legislation is expected to occur in September 2007. During the interim period the government will establish the necessary procedures and processes to submit "no contact" notices and respond to requests for information. The interim period will also allow time for adoptees and birth parents to learn about their new information and privacy rights under the legislation, and to determine if they want to put a "no contact" notice on their file.
Once the legislation is in full effect, it will allow:
- An adopted person who is 18 years old or older to obtain a copy of his or her original birth registration and adoption order. The adoptee would be able to learn his or her original name at birth. These documents may also provide identifying information about birth parents.
- A birth parent to obtain the information contained in the original birth registration and the adoption order of the child they gave up for adoption, once that child reaches 19 years of age. This information may provide identifying information about the adoptee, including his or her name after adoption. Any information about the adoptive parents would be removed.
- A birth parent or adoptee who does not wish to be contacted to put a "no contact" notice on his or her record. The individual who submits the "no contact" notice would be asked to voluntarily provide family and medical history and a brief statement about his or her reasons for filing a "no contact" notice.
- Sanctions for violation of a "no contact" notice up to $50,000 for an individual or up to $250,000 for a corporation.
- Birth parents and adoptees to apply to the Child and Family Services Review Board to prevent disclosure of identifying information where there are concerns for personal safety.
In the coming months, Ontario’s adoption disclosure register will begin to wind down to prepare for the transition to the new adoption information disclosure process.
- Beginning January 3, 2006, the Ministry of Community and Social Services will only accept new requests for searches if a severe medical issue is involved. Search applications submitted prior to January 3, 2006 will be processed during the interim period, with priority given to severe medical searches. Once the Adoption Information Disclosure Act, 2005, is fully implemented, all non-medical searches will be discontinued.
- Beginning April 24, 2006, the ministry will stop accepting new applications to be named on the register in order to begin stabilizing the volume of records that need to be transferred to the new disclosure process. All applications received before April 24, 2006 will be processed, and if a match is found on the register, the parties involved will be notified.
What You Need to Know About the Adoption Information Disclosure Act, 2005
Q. Whom does this legislation affect?
A. The legislation has a direct impact on adult adoptees and birth parents of adult adoptees. Adult adoptees and birth parents may be able to find out who their birth parents/children are through identifying information from original birth registrations and adoption orders.
Q. When will the new legislation be implemented?
A. Implementation of the legislation has begun. Full implementation of the legislation is expected to occur in September 2007.
The interim period will allow us to put proper processes and procedures in place to submit "no contact" notices and to process requests for information. The interim period will also allow time for adoptees and birth parents to learn about their new information and privacy rights.
Q. When the legislation is fully implemented, will the changes affect all adoptions that have occurred in Ontario?
A. Yes, the changes will be applied retroactively. That means that the changes will affect all adult adoptees and their birth parents where the adoption order was registered in Ontario.
Q. What changes have already occurred?
A. Prior to January 3, 2006, adult adoptees could request the Ministry of Community and Social Services to conduct a search for a birth parent, birth grandparent or birth sibling if their application didn’t result in an automatic match on the register.
As of January 3, 2006, the ministry will only be accepting and processing new search applications for severe medical reasons where the information could provide a direct medical benefit (e.g., information needed for an organ transplant).
Beginning April 24, 2006, the ministry will stop accepting new applications to the register in order to begin stabilizing the number of records that need to be transferred to the new disclosure process. All applications received before April 24, 2006 will be processed, and if a match is found on the register, the parties involved will be notified.
Q. I am an adult adoptee. How will I be able to get information about my past or my birth relatives if I have not applied to the adoption disclosure register by April 24, 2006?
A. Currently adult adoptees and birth parents can apply for non-identifying information about birth relatives from the Adoption Disclosure Unit for private adoptions, and from the relevant children’s aid society for public adoptions.
If you meet the criteria for a severe medical search, you may submit an application to the Adoption Disclosure Unit.
Upon full implementation of the legislation in September 2007, it will be easier for Ontario adoptees and birth parents to receive information about their personal history.
Q. I have already applied for a search. Will the ministry continue to process my application?
A. If your application for a search was received before January 3, 2006, it will be processed. The ministry will try to complete as many searches as possible prior to full implementation of the new adoption information disclosure system, expected in September 2007, but cannot guarantee that all searches will be successful because many can take years to complete.
All search applications received before January 3, 2006, will be processed, with priority given to severe medical searches. Upon full implementation of the legislation all non-medical searches will be discontinued.
Q. How will "severe medical searches" differ from the current "health, safety and welfare searches"?
A. Severe medical searches are conducted only in circumstances where the person requesting the search or the person on whose behalf a search is requested suffers from a severe mental and/or physical illness and will gain a direct medical benefit if the person sought is located.
Severe medical searches may also be conducted in circumstances where the person sought may suffer from or be at risk of contracting a severe mental and/or physical illness and will gain a direct medical benefit from being located.
If you are requesting information based on severe medical grounds, your request must be accompanied by written confirmation from your physician or an accredited medical professional.
Q. Who can request a search for severe medical reasons? Who can be sought under such a search?
A. People who are eligible to request searches are: adult adoptees, adoptees under the age of 18 who have the consent of their adoptive parents, birth parents, adoptive parents on behalf of a minor adoptees, adult birth siblings, birth grandparents, those who have legal custody of minor adoptees or birth siblings, and individuals authorized to act on behalf of incapacitated individuals.
Incapacitated persons may include adult adoptees, birth parents, birth grandparents, and birth siblings.
The following people may be sought under a severe medical search: adult adoptees, birth parents, adoptive parents of minor adoptees, birth siblings, birth grandparents, and people who have legal custody of minor adoptees or birth siblings.
Q. I'm a birth relative whose grandchild/sibling was given up for adoption as a child. I'm currently on the adoption disclosure register. During the interim period, what information can I receive?
A. If your name is currently on the register, you will be informed if there is a matching relative on the register.
Currently grandparents and adult siblings can apply for non-identifying information about birth relatives from the Adoption Disclosure Unit for private adoptions, and from children’s aid societies for public adoptions.
If there is a severe medical concern, grandparents and adult siblings can apply for a severe medical search.
Organizations such as the Canadian Adoptees Registry (www.canadianadopteesregistry.org) will still be able to help individuals search for information about their birth relatives.
Q. When will adoptees and birth parents be able to access information or register "no contact" notices?
A. The Adoption Information Disclosure Act, 2005 was passed by the Ontario Legislature on November 1, 2005. Birth parents and adult adoptees will be able to access information when the legislation is fully implemented, expected in September 2007. Prior to full implementation of the new legislation the government will establish the procedures and processes to submit “no contact” notices and requests for information.
Information on how to submit a "no contact" notice will be posted on the Ministry of Community and Social Services web site when it is available.
Q. What information would I need to bring to request access to records?
A. It will take time to set up the new application process for adoptees and birth parents. The Adoption Information Disclosure Act, 2005 was passed by the Ontario Legislature on November 1, 2005 and is expected to be fully implemented in September 2007.
During the interim period we will establish the necessary procedures to process requests for information and "no contact" notices, and also for adoptees and birth parents to learn about their new information and privacy rights. Once this process is developed, information will be available online regarding the kinds of documents people will need to request access to records.
Q. Will there be fees associated with my application?
A. There will be fees to obtain information. This is consistent with the government practice of charging fees for people obtaining vital statistics records.
Q. When I gave up my child for adoption, I thought my anonymity would be protected.
A. The legislation is based on the premise that adoptees should have the same access to their medical and personal history that non-adopted people have.
The Adoption Information Disclosure Act, 2005, recognizes that the right to know is not the same as the right to a relationship. People will have the right to place a "no contact" notice on their file and there are significant penalties for those who do not respect "no contact" notices.
In other jurisdictions, such as British Columbia and Newfoundland, these sanctions have been effective. There are no records of individuals breaching a "no contact" notice anywhere in Canada.
Prior to full implementation of the legislation, expected in September 2007, birth parents and adoptees will be able to apply to the Child and Family Services Review Board to prevent disclosure of identifying information in order to prevent sexual or significant emotional or physical harm.
Q. I am a birth parent/adoptee and concerned about my personal safety if my identifying information is released. How do I apply to the Child and Family Services Review Board to prevent disclosure of identifying information?
A. Full implementation of the legislation is expected to occur in September 2007. This means that there is an interim period before adoptees can apply to have access to the birth registrations and before birth parents can apply to have access to information from birth registrations and adoption orders.
Before this period lapses, the province will provide information about how to apply to the Child and Family Services Review Board to prevent the disclosure of identifying information. This information will be available publicly and will also be posted on the Ministry of Community and Social Services website (www.mcss.gov.on.ca) in advance of the new legislation coming into full effect.