Adoption Council of Canada/ Conseil d'Adoption du Canada

ONTARIO OPENS ITS ADOPTION RECORDS

(Nov. 3, 2005) After over a decade of debate, Ontario has finally reformed its law on adoption records, opening them up so that adoptees and birth parents can know about each other.

On Nov. 1, 2005 Bill 183, the Adoption Information Disclosure Act, 2005 passed the Ontario legislature by a vote of 68 to 19.

Though the bill became law on receiving royal assent Nov. 3, it actually goes into effect in 18 months -- the Ontario government will use the delay to work out the operational details and to publicize the changes.

Under the new system, adoptees and birth parents can access records that were previously sealed. Adoptees can learn their original name, and birth parents can learn the current name of a child they placed for adoption. These details could ultimately lead to reuniting a long-separated parent and child.

There are now four Canadian provinces which have unsealed their adoption records: British Columbia, Alberta, Ontario and Newfoundland. However Ontario remains the only province without a "disclosure veto", which would allow anyone to keep their records sealed if they specifically requested it.

The Ontario legislation does give birth parents and adoptees the option to request they not be contacted (a "contact veto"), but to keep their records sealed they would need to prove to the Child and Family Services Review Board that revealing their identifying information would cause harm.

The Adoption Council of Canada has fully supported Bill 183 and the position of the Coalition for Open Adoption Records. See "Open Records: ACC Backs Bill 183", http://www.adoption.ca/news/050405bill183back.htm. The Adoption Council of Ontario has supported the bill as well.

The Coalition for Open Adoption Records (COAR), http://www.geocities.com/coarontario, which has been pushing hard to get adoption records unsealed in Ontario, called it "the most progressive adoption disclosure law in North America." According to Wendy Rowney of the COAR Coordinating Committee, "Ontario is now the only jurisdiction in North America to permit both adopted adults and their birth parents unrestricted access to identifying information. We are thrilled that the government has recognized our absolute right to this information."

The new law eliminates the Adoption Disclosure Register and all of its functions including the release of non-identifying information. However, says Wendy Rowney, the government has promised COAR that it plans to continue releasing background information to adopted adults and birth parents.

WHAT THE LAW SAYS

In an Explanatory Note, http://www.ontla.on.ca/library/bills/382/183382.htm, the Ontario Legislative Library summarizes the provisions of the Adoption Information Disclosure Act, 2005:

INFORMATION MADE AVAILABLE

Until now, the law did not permit adopted persons to obtain information concerning their birth parents. Nor did it permit a birth parent of an adopted person to obtain information from the Registrar General about the adoptee. Now, an adoptee who is at least 18 can get a copy of the original registration, if any, of his or her birth and of any adoption order.

Moreover, a birth parent can get all of the information contained in specified registered documents concerning the adopted person (except information about persons other than the birth parent and the adopted person), once the adoptee is at least 19.

PRIVACY PROTECTED - CONTACT VETO

An adopted person who does not wish to be contacted by a birth parent may register a notice to that effect, if the adopted person is at least 18. Similarly, a birth parent may register a notice that he or she does not wish to be contacted by the adopted person. These notices may include a brief statement concerning the person's reasons for not wishing to be contacted and concerning family and medical history. A notice takes effect when it is matched with the relevant registered adoption order. These notices may be withdrawn. The notice is given to the adopted person or birth parent at the same time the Registrar General gives him or her the copies under section 48.1 or the information under section 48.2.

However, if a notice registered by an adoptee is in effect, the Registrar General cannot give the birth parent the information under section 48.2 until the birth parent agrees in writing not to contact or attempt to contact the adoptee either directly or indirectly. Similarly, if a notice registered by a birth parent is in effect, the Registrar General cannot give the adoptee the copies under section 48.1 until the adoptee agrees in writing not to contact or attempt to contact the birth parent either directly or indirectly.

It is an offence for the adoptee or birth parent to knowingly contact or attempt to contact the person who registered the notice. It is also an offence for another person to do so on behalf of the adoptee or birth parent.

PRIVACY PROTECTED - EXCEPTIONAL CIRCUMSTANCES

A new section 48.4 of the Act authorizes the Child and Family Services Review Board to order the Registrar General not to give the information to the birth parent if the Board is satisfied that, because of exceptional circumstances, the order is appropriate to prevent significant harm to the adopted person or to his or her sibling. An adopted person who is at least 18, an adoptive parent of the adopted person, if the adopted person has a sibling who is less than 18, or a person acting on behalf of an incapable adopted person who is at least 18, is entitled to apply to the Board for such an order.

FOR MORE INFORMATION

Ministry news release: (Nov. 1, 2005) New Adoption Information Law Improves Right To Information For Adoptees And Birth Parents, http://www.mcss.gov.on.ca/CFCS/en/newsRoom/newsReleases/051101.htm. Ontario Ministry of Community and Social Services. See text below.

Ministry background document: (Nov. 1, 2005) Adoption Disclosure Legislation That Balances The Right To Know With The Protection Of Privacy, http://www.mcss.gov.on.ca/CFCS/en/newsRoom/backgrounders/051101.htm. Ontario Ministry of Community and Social Services. See text below.

ACC news item: (Apr. 5, 2005) Open Records: ACC Backs Bill 183, http://www.adoption.ca/news/050405bill183back.htm. Adoption Council of Canada.

ACC news item: (Mar. 29, 2005) Open Records Closer in Ontario, http://www.adoption.ca/news/050329bill183open.htm. Adoption Council of Canada.

Bill 183: Adoption Information Disclosure Act, 2005, http://www.ontla.on.ca/library/bills/382/183382.htm. Ontario Legislature.

MINISTRY DOCUMENTS

News release

Ontario Ministry of Community and Social Services
http://www.mcss.gov.on.ca/CFCS/en/newsRoom/newsReleases/051101.htm
November 1, 2005

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

Legislation Balances The Right To Know With The Protection Of Privacy

TORONTO – 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."

Backgrounder

Ontario Ministry of Community and Social Services
http://www.mcss.gov.on.ca/CFCS/en/newsRoom/backgrounders/051101.htm
November 1, 2005

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

ABOUT ACC

Based in Ottawa, the Adoption Council of Canada is a federally chartered, charitable organization which aims to inform and educate Canadians about all aspects of adoption, and encourage the adoption of children needing permanent homes.

One of ACC's long-standing goals has been to recruit adoptive families for waiting children across Canada. In 1997, six years after becoming incorporated, ACC earned its first grant from the Dave Thomas Foundation for Adoption (www.davethomasfoundation.org) and Wendy's Restaurants of Canada, which made the Canada's Waiting Children program (and the "Canada's Waiting Kids" web site, www.canadaswaitingkids.ca) possible. Thanks to their ongoing support, ACC has been able to devote considerably more time and effort to finding families for Canadian children without a permanent home.

There are thousands of children right here in Canada who need permanent homes. To find out more about adopting in Canada, consult Canada's only national photolisting web site, "Canada's Waiting Kids",

run by the Adoption Council of Canada. It shows photos and profiles of children in the care of Canadian child welfare agencies and waiting for permanent adoptive families. For a description of how the web site works, see "Canada's Waiting Children Program Finds Permanent Homes For Kids."

For definitions of adoption terms, go to http://www.adoption.ca and click "Glossary".

Source: Adoption Council of Canada, www.adoption.ca

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Adoption Council of Canada
Bronson Centre, 211 Bronson Ave., #210, Ottawa, ON K1R 6H5
phone: 613-235-0344. e-mail: acc@adoption.ca