Bill 14, Adoption Disclosure Statute Law Amendment Act, 2003

Versions

Bill 14 2003

An Act to amend the
Vital Statistics Act and the
Child and Family Services Act
in respect of adoption disclosure

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Vital Statistics Act

1. Section 28 of the Vital Statistics Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 102, is amended by adding the following subsections:

Exception

(6) Despite anything else in this Act, a person whose birth was registered in Ontario and in respect of whom an adoption order was registered under subsection (1) or a predecessor of that subsection is entitled, on application and payment of the prescribed fee, to obtain a copy of the original birth registration from the Registrar General.

Conditions

(7) Subsection (6) applies only if the adopted person,

(a) is 18 years of age or older at the time of the application; and

(b) produces evidence of identity that is satisfactory to the Registrar General.

Notice, birth parent's wish not to be contacted

(8) If a birth parent has filed a notice that has become effective under section 165.1 of the Child and Family Services Act, the Registrar General shall give the notice, or the information contained in it, to the adopted person together with the copy of the original birth registration.

Other information

(9) The Registrar General shall also give the adopted person any information provided by the birth parent under subsections 165.1 (3) and (4) of the Child and Family Services Act and disclosed to the Registrar General together with the notice; if no such information was disclosed, the Registrar General shall advise the adopted person of that fact.

Exception

(10) Despite anything else in this Act, the birth parent of a person whose birth was registered in Ontario and in respect of whom an adoption order was registered under subsection (1) or a predecessor of that subsection is entitled, on application and payment of the prescribed fee, to obtain from the Registrar General a copy of,

(a) the original birth registration;

(b) the birth registration that was substituted in accordance with subsection (2); and

Conditions

(11) Subsection (10) applies only if,

(a) the adopted person is 19 years of age or older at the time of the application; and

(b) the birth parent produces evidence of identity that is satisfactory to the Registrar General.

Notice, adopted person's wish not to be contacted

(12) If the adopted person has filed a notice that has become effective under section 165.1 of the Child and Family Services Act, the Registrar General shall give the notice, or the information contained in it, to the birth parent together with the copies of the other documents.

Other information

(13) The Registrar General shall also give the birth parent any information provided by the adopted person under subsection 165.1 (6) of the Child and Family Services Act and disclosed to the Registrar General together with the notice; if no such information was disclosed, the Registrar General shall advise the birth parent of that fact.

2. Section 29 of the Act is repealed and the following substituted:

Disclosure to Registrar of Adoption Information

29. The Registrar General may disclose personal information to the Registrar of Adoption Information for the purposes of Part VII of the Child and Family Services Act.

Unsealing file

29.1 The Registrar General may, for the purposes of subsections 28 (6) and (10) and section 29 and for such administrative purposes as he or she considers appropriate, unseal any file that was sealed under this Act or a predecessor of this Act.

3. Clause 60 (u) of the Act is repealed.

Child and Family Services Act

4. Clauses 163 (2) (b) and (c) of the Child and Family Services Act are repealed and the following substituted:

(b) ensure that counselling is made available on request to persons,

(i) who receive identifying or non-identifying information from the Registrar,

(ii) who are or may wish to be named in the register,

(iii) who are concerned that they may be affected by the disclosure of identifying information, including the disclosure of information under subsection 28 (6) or (10) of the Vital Statistics Act, or

(iv) who receive information under subsection 28 (8) or (12) of the Vital Statistics Act;

5. Subsection 165 (2) of the Act is amended by adding the following clauses:

(j) the disclosure of information for the purposes of section 165.1;

(k) the disclosure of information for the purposes of prosecutions under section 176.1.

6. The Act is amended by adding the following section:

Contact Veto

Notice of wish not to be contacted

Definitions

165.1 (1) In this section,

"adopted person" means a person who was adopted in Ontario and is 18 years of age or older; ("personne adoptée")

"birth parent" means a person whose name appears on an original birth registration as a parent. ("père ou mère de sang")

Notice, birth parent's wish not to be contacted

(2) A birth parent who wishes not to be contacted by the person named as his or her child in the original birth registration may file written notice of the wish with the Registrar.

Health-related information

(3) The birth parent shall provide, together with the notice, a written statement that briefly summarizes any information he or she may have about,

(a) any genetic conditions that he or she has, and any past and present serious illnesses;

(b) any genetic conditions and past and present serious illnesses of his or her own parents, of the other birth parent or of the other biological parent, if only one person's name appears on the original birth registration as a parent and of his or her parents;

(d) any other health-related matters that may be relevant.

Other information

(4) The birth parent shall be given an opportunity to provide, together with the notice, written statements of,

(a) his or her reasons for not wishing to be contacted;

(b) any other non-identifying information that may be relevant.

Notice, adopted person's wish not to be contacted

(5) An adopted person who wishes not to be contacted by the person named as his or her birth parent in the original birth registration may file written notice of the wish with the Registrar.

Other information

(6) The adopted person shall be given an opportunity to provide, together with the notice,

(a) a written statement of his or her reasons for not wishing to be contacted;

(b) a written statement of any other information the adopted person may wish to provide; and

(c) a written authorization allowing the birth parent to disclose the reasons and other information to any other birth relatives.

Disclosure to Registrar General

(7) The Registrar shall disclose the notice or the information contained in it, together with any other information provided by the birth parent or adopted person, as the case may be, to the Registrar General under the Vital Statistics Act.

Non-application

(8) Subsections 2 (2) to (4) of the Vital Statistics Act do not apply to anything disclosed under subsections (3), (5) and (6).

Effective notice

(9) A notice under subsection (2) or (5) becomes effective for the purposes of subsection 28 (8) or (12) of the Vital Statistics Act, as the case may be, when the Registrar General has matched it with the original birth registration and completed the match.

Ineffective notice

(10) The notice does not become effective if, before the notice is matched with the original birth registration, the Registrar General has already issued documents under subsection 28 (6) or (10) of the Vital Statistics Act.

Communication re outcome

(11) When a notice becomes effective, or when the Registrar General becomes aware that it is ineffective, he or she shall advise the Registrar of the fact.

Withdrawal of notice

(12) A person who files a notice under subsection (2) or (5) may withdraw it at any time, in writing.

Effect of withdrawal

(13) A person who has withdrawn a notice under subsection (12) is not entitled to file a further notice under subsection (2) or (5), as the case may be, in respect of the same original birth registration.

Privacy

(14) For the purposes of subsection 165 (5), a notice or withdrawal of a notice under this section and the information it contains, and all other information dealt with under this section or generated in connection with its administration, constitute information relating to an adoption.

Forms

(15) The Registrar may provide for and require the use of forms under this section.

7. (1) Subsection 167 (5) of the Act is amended by striking out "each of them receives counselling" and substituting "counselling has been made available to each of them on request".

(2) Subsection 167 (6) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule E, section 1, is repealed and the following substituted:

Registrar to compile relevant material

(6) If both persons give the further consent referred to in subsection (5), the Registrar shall compile the material described in paragraphs 1 and 2:

1. All relevant identifying information from the records of the Ministry and of societies and licensees.

2. If the adopted person requests it, copies of the documents referred to in subsection 162 (2) (court file).

(3) Clause 167 (9) (a) of the Act is repealed and the following substituted:

(a) make the compiled material available to the adopted person or the other person named in the register, or to both, first ensuring that counselling has been made available on request to each person to whom the material is made available;

(4) Clause 167 (9) (c) of the Act is amended by striking out "the person will receive appropriate counselling" and substituting "appropriate counselling will be made available to the person on request".

(5) Subsection 167 (11) of the Act is repealed and the following substituted:

Duty of society

(11) A society that receives compiled material under clause (9) (b) shall promptly make it available to the adopted person or the other person named in the register, or both, as the case may be, first ensuring that counselling has been made available on request to each person to whom the material is made available.

(6) Subsection 167 (13) of the Act is repealed and the following substituted:

Duty of society

(13) A society shall make counselling available on request to persons who receive identifying information from the society, who are named or may wish to be named in the register or who are concerned that they may be affected by the disclosure of identifying information.

8. The Act is amended by adding the following section:

Offence, contacting birth parent despite notice

176.1 (1) No person who has been given information under subsection 28 (8) of the Vital Statistics Act shall knowingly contact or attempt to contact the birth parent directly or indirectly except under section 167 or 169.

Same

(2) No person shall knowingly contact or attempt to contact the birth parent, directly or indirectly, on behalf of another person who is prohibited from doing so by subsection (1), except under section 167 or 169.

Offence, contacting adopted person despite notice

(3) No person who has been given information under subsection 28 (12) of the Vital Statistics Act shall knowingly contact or attempt to contact the adopted person directly or indirectly except under section 167 or 169.

Same

(4) No person shall knowingly contact or attempt to contact the adopted person directly or indirectly on behalf of another person who is prohibited from doing so by subsection (3), except under section 167 or 169.

Same

(5) A person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Commencement

9. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(2) Section 1, subsection 7 (2) and section 8 come into force on the first anniversary of the day section 6 is proclaimed in force.

Short title

10. The short title of this Act is the Adoption Disclosure Statute Law Amendment Act, 2003.

EXPLANATORY NOTE

The Bill amends the Vital Statistics Act to give adult adopted persons unqualified rights of access to their own original birth registrations and to give corresponding rights to birth parents.

Related amendments are made to the Child and Family Services Act. Birth parents and adopted persons are entitled to file with the Registrar of Adoption Information written notices of their wish not to be contacted. These notices are forwarded to the Registrar General under the Vital Statistics Act, to be matched with documents on file and communicated to adopted persons and birth parents who obtain copies of them. Contacting the "other person" despite having received a no-contact notice is an offence.

A birth parent who files a no-contact notice is required to provide a statement of medical information, and birth parents and adopted persons who file no-contact notices are given an opportunity to provide a statement of their reasons for not wishing to be contacted. Other information may also be provided with the no-contact notice. The statements and other information are communicated to the adopted persons and birth parents together with the other documents that are made available.

The Bill also amends the Child and Family Services Act to provide that counselling for adopted persons, birth parents and others who may be affected by the disclosure of information about the adoption must be made available on request, but is no longer mandatory.

To allow birth parents and adopted persons time to file no-contact notices if they wish to do so, the coming into effect of the provision giving access to birth and adoption records is postponed for one year. In addition, adopted persons are entitled to access records when they reach the age of 18, but the birth parent's corresponding rights do not become available until the adopted person reaches the age of 19. The one-year delay would allow adopted persons time to file no-contact notices after they reach the age of 18.