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Ontario Fulfills Its Commitment To Deliver New Adoption Information Laws
Legislation Balances The Right To Know With The Right To Protect Privacy
TORONTO, Sept. 4 /CNW/ - Ontario is delivering a new, more open adoption
information disclosure system that will make it easier for adult adoptees and
birth parents to learn about their past, Minister of Community and Social
Services Madeleine Meilleur announced today.
"This new information disclosure system makes it easier for adoptees and
birth parents to get the information they have been looking for, while also
protecting the privacy of those who do not wish to be contacted," said
Meilleur. "We made a promise and today I am proud to say we are delivering on
that commitment."
On September 17, 2007, the Ontario government will be implementing the
last phase of Bill 183, the Adoption Information Disclosure Act, 2005. At that
time, adult adoptees and birth parents, whose adoptions were finalized in
Ontario, will be able to apply for information in adoption orders and original
birth records.
"We are excited to see Ontario take a leadership role by allowing
adoptees and birth parents to access their adoption records," said Professor
Michael Grand, a member of the coordinating committee of the Coalition for
Open Adoption Records (COAR). "The new legislation is based on the best
research and practices surrounding information exchange."
Implementation of the new legislation builds on the privacy protections
that have been in place since January 31, 2007. Since that time, adult
adoptees and birth parents have been able to:
- Place a "no contact" notice on their file if they do not want to be
contacted.
- Register a notice specifying a "contact preference" on how they
prefer to be contacted.
- Apply to the Child and Family Services Review Board for an order to
prevent disclosure of identifying information if there are concerns
regarding sexual harm or significant physical/emotional harm.
Adult adoptees have also been able to register a "waiver of protection"
that will allow the Ontario Registrar General to release information to a
birth parent even though the adopted person was a victim of abuse.
"The new legislation will give adult adoptees and birth parents the
ability to find the information they have been looking for," said Karen Lynn,
president of the Canadian Council of Natural Mothers and a member of the COAR
coordinating committee. "It treats adult adoptees and birth parents with the
respect they deserve."
This is just one more example of how, working together, Ontarians have
achieved results in strengthening Ontario by strengthening Ontario's families.
Other results include:
- Launching a new public awareness website on accessibility called
AccessON.ca, which challenges attitudes and encourages all Ontarians
to learn about barriers to accessibility;
- Providing nearly $19 million for rent banks to assist vulnerable
low-income tenants who are experiencing a short-term financial crisis
so they can stay in their homes.
- Implementing a new Ontario Child Benefit to help nearly 1.3 million
children in low-income families.
"Finally, adult adoptees in Ontario will have the same opportunities as
everyone else," said Wendy Rowney, president of Adoption Search and Kinship
and a member of the COAR coordinating committee. "The opportunity to get their
original birth records and the opportunity to learn about their past."
"We're moving Ontario's adoption information laws into the 21st century,"
said Meilleur. "Adoptees and birth parents will finally be able to learn more
about their past and their identity."
Disponible en français
www.ontario.ca/adoptioninfo
www.mcss.gov.on.ca
Backgrounder
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ADOPTION INFORMATION DISCLOSURE THAT BALANCES
THE RIGHT TO INFORMATION WITH THE PROTECTION OF PRIVACY
The Adoption Information Disclosure Act, 2005, amends the Child and Family
Services Act and the Vital Statistics Act. The last phase of the legislation
will be implemented on September 17, 2007, and will balance the right of adult
adoptees and birth parents to know about their history and identity with the
protection of privacy.
Right To Information
- Adoptees who are 18 years old or older will be able to obtain copies
of their original birth registrations that will provide them with
their original birth name and may identify birth parents.
- Adoptees who are 18 years old or older 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 if the adoptee is 19 years
old or older. Information about the adoptive parents would be removed
from the adoption records.
- Adult adoptees will be able to register a "waiver of protection" that
will allow the government to release information to a birth parent
even though the adopted person may have been a victim of abuse by the
birth parent.
Protecting Privacy
- Birth parents and adult adoptees can apply to the Child and Family
Services Review Board (CFSRB) for an order to prohibit disclosure of
identifying information in circumstances where there are concerns
about preventing sexual harm or significant physical/emotional harm.
- Birth parents and adult adoptees can register a "no contact" notice
with ServiceOntario. 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 registration or adoption order. A person who violates a
"no contact" notice may be fined up to $50,000.
- When an individual registers a "no contact" notice, it may include
family and medical history and a brief statement concerning the
person's reasons for not wishing to be contacted. That information
will be passed on to the adoptee or birth parent if he or she applies
to ServiceOntario.
Starting September 17, 2007, adult adoptees and birth parents will be able
to apply for information contained in original birth registrations and
adoption orders. Adult adoptees and birth parents will still be able to
register a "no contact" notice, "contact preference" or "waiver of protection"
on their files.
The government will also operate a voluntary Adoption Disclosure Register
(ADR). The ADR will allow adopted adults, birth parents, birth grandparents
and birth siblings over the age of 18 to place their names on a register to
obtain or exchange contact information.
Privacy protections can be registered at any time. Starting September 17,
to apply for information or place your name on the ADR, please go to
www.serviceontario.ca or call 1-800-461-2156.
For information on how to apply for an order to prohibit the disclosure of
identifying information contact:
The Child and Family Services Review Board
2 Bloor St. West, 24th Floor
Toronto, Ontario
M4W 3V5
Telephone: 416-327-4673
Toll-Free: 1-888-728-8823
Fax: 416-327-0558
The government and children's aid societies will continue to provide
non-identifying information to adult adoptees and birth relatives. Birth
parents should be aware that non-identifying information about them may have
been, or may be, disclosed to the adoptee or adoptive parent. Adoptees should
be aware that non-identifying information about them may have been, or may be,
disclosed to birth relatives. This should be taken into consideration when
deciding whether or not to submit an application for an order to prohibit the
disclosure of identifying information and whether or not to register a "no
contact" notice with ServiceOntario.
The legislation applies to all adoptions that are registered in Ontario.
Media Contacts:
John Letherby
Communications and Marketing Branch
416-325-5187
Members of the general public may call: 416-325-5666 or toll free at
1-888-789-4199.
Disponible en français
www.ontario.ca/adoptioninfo
www.mcss.gov.on.ca
For further information: Jeff O'Grady, Minister's Office, (416) 325-5211; John Letherby, Ministry of Community and Social Services, (416) 325-5187; Public Inquiries, (416) 325-5666, Toll Free: 1-888-789-4199
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