Access to Adoption Information Statute Law Amendment Act, 1998 Cullen, Alex — Bill 39 (36th Parliament, 2nd Session)

Bill 39, 36-2

Ontario — Bills

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Bill 39, Access to Adoption Information Statute Law Amendment Act, 1998

Cullen, Alex

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[36] Bill 39 Original (PDF)

B039_E

Bill 39 1998

An Act to amend the Vital Statistics Act and the Child and Family Services

Act to provide Access to Adoption Information

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

VITAL STATISTICS ACT

Section 28 of the Vital Statistics Act, as amended by

the Statutes of Ontario, 1994,

chapter 27,

section 102, is further amended by

adding the following subsections:

Exception

(6) Despite anything else in this Act and subject to subsection (8), the

following persons are entitled, on application and payment of the prescribed

fee, to obtain a copy of an original birth registration of an adopted person

whose birth was registered in Ontario and in respect of whom an adoption

order was registered under subsection (1):

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has withdrawn from parental control.

2. An adoptive parent of the adopted person if the adopted person is less

than 18 years of age.

3. A person who is the child of an adopted person and is 18 years of age

or older.

4. A person who has legal custody of an adopted person if the adopted

person is 18 years of age or older and mentally or physically disabled.

Same

(7) Despite anything else in this Act and subject to subsection (8), the

birth parent or birth grandparent of an adopted person is entitled, on

application and payment of the prescribed fee, to obtain a copy of a new

registration made under subsection (2) of an adopted person whose birth was

registered in Ontario and in respect of whom an adoption order was registered

under subsection (1).

Condition

(8) A person referred to in subsection (6) or a birth parent or birth

grandparent referred to in subsection (7) shall be entitled to a copy of an

original birth registration or a new birth registration, as the case may be,

only if the person produces evidence of identity that is satisfactory to the

Registrar General.

Notice, person's wish not to be contacted

(9) If a person has filed a notice that has become effective under

section

165.1 or 165.2 of the Child and Family Services Act, the Registrar

General shall give a copy of the notice to the person to whom a copy of a

birth registration is given under subsection (6) or (7).

Other information

(10) The Registrar General shall also give the person to whom a copy of a

birth registration is given under subsection (6) or (7) any information

provided together with the notice under subsection 165.1 (2) or

section 165.2

of the Child and Family Services Act and disclosed to the Registrar

General; if no such information was disclosed, the Registrar General shall

advise the person of that fact.

Definitions

(11) In this section, "

birth grandparent" and "birth parent" have the same meaning as in

subsection 166 (3) of the Child and Family Services Act .

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

subsection 28 (6) 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. (1) Subsection 160 (1) of the Child and Family Services

Act is amended by adding "Subject to subsection (3)" at the

beginning.

(2) Section 160 of the Act is amended by adding the following

subsection:

Order to enforce open adoption agreements

(3) A court may make an order giving a person referred to in clause (1)

(

a) or (

b) access to an adopted child if the order is necessary to enforce a

provision in an agreement entered into by an adoptive parent, according to

which the adoptive parent agreed to give the person access to the adopted

child.

5. (1) Subsection 162 (1) of the Act is amended by adding the

following definition:

birth grandparent", "birth parent" have the same meaning as in subsection

166 (3).

(2) Subsection 162 (2) of the Act is amended by inserting "made

under subsection (2.1)" after "direction" in the ninth line.

(3) Section 162 of the Act is amended by adding the following

subsections:

Direction to open sealed file

(2.1) The Registrar of Adoption Information shall, upon application of one

of the following persons, issue a written direction to the clerk of the court

to open a file sealed under subsection (2) to allow the person to inspect the

file and make copies of any of the documents in the file:

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has withdrawn from parental control.

2. An adoptive parent of the adopted person if the adopted person is less

than 18 years of age.

3. A person who is the child of an adopted person and is 18 years of age

or older.

4. A person who has legal custody of an adopted person if the adopted

person is 18 years of age or older and mentally or physically disabled.

5. The birth parent or birth grandparent of an adopted person.

Condition

(2.2) The Registrar of Adoption Information shall only make a written

direction under subsection (2.1) if the person produces evidence of his or

her identity that is satisfactory to the Registrar.

Same

(2.3) If a no-contact notice has been filed with the Registrar of Adoption

Information under

section 165.1 or 165.2 by a person named in a court file,

the Registrar shall not issue a direction under subsection (2.1) until the

person who has applied for access to the court file is given a copy of the

notice and of any other information given with the notice.

6. Clauses 163 (2) (

b) and (

c) of the Act are repealed and the

following substituted:

(

b) ensure that counselling is made available 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) of the Vital Statistics Act, or

(iv) who receive information under subsection 28 (8) of the Vital

Statistics Act;

(

c) receive and deal with notices and withdrawals of notices filed under

sections 165.1 and 165.2.

7. Subsection 165 (2) of the Act is amended by adding the

following clauses:

(

j) the disclosure of information for the purposes of sections 165.1 and

165.2;

(

k) the disclosure of information for the purposes of prosecutions under

section 176.1.

8. The Act is amended by adding the following

sections:

No-Contact Notices

Definitions

165.1

(1) In this

section and in

section 165.2,

birth grandparent", "birth parent" and "birth sibling" have the same

meaning as in subsection 166 (3).

Notice, birth parent's wish not to be contacted

(2) A birth parent who wishes not to be contacted by or on behalf of a

person referred to in paragraph 1, 2, 3 or 4 of subsection 162 (2.1) may file

written notice of the wish with the Registrar.

Other information

(3) The birth parent 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 that briefly summarizes any information he or she

may have about,

(

i) any genetic conditions that he or she has, and any past and present

serious illnesses,

(ii) any genetic conditions and past and present serious illnesses of the

other birth parent or of a birth grandparent or birth sibling,

(iii) the cause of death and age at death of any of the persons named in

subclause (ii) who are no longer alive, and

(iv) any other health-related matters that may be relevant; and

(

c) a written statement of any other information that may be relevant.

Disclosure to Registrar General

(4) The Registrar shall disclose the notice or the information contained

in it, together with any other information provided by the birth parent, to

the Registrar General under the Vital Statistics Act .

Non-application of subss. 2 (2) to (4) of Vital Statistics

Act

(5) Subsections 2 (2) to (4) of the Vital Statistics Act do not

apply to anything disclosed under subsections (2) and (3).

Effective notice

(6) The notice becomes effective for the purposes of subsection 28 (8) of

the Vital Statistics Act when the Registrar General has matched it

with the original birth registration.

Communication re outcome

(7) When a notice becomes effective, the Registrar General shall advise

the Registrar of the fact.

Expiry

(8) A notice expires five years after the day it becomes effective unless

the birth parent has given the Registrar notice of his or her intention to

renew the no-contact notice.

Renewal of no-contact notice

(9) If a birth parent gives the Registrar notice of his or her intention

to renew the no-contact notice, the Registrar shall,

(

a) advise the birth parent of any request for information about the birth

parent received from a person referred to in paragraph 1, 2, 3 or 4 of

subsection 162 (2.1) during the time the previous no-contact notice was in

effect; and

(

b) give notice that the birth parent intends to renew his or her

no-contact notice to any person referred to in paragraph 1, 2, 3 or 4 of

subsection 162 (2.1) who requested information about the birth parent during

the time the previous no-contact notice was in effect.

Withdrawal of notice

(10) A birth parent who files a notice under subsection (2) may withdraw

it at any time, in writing.

Effect of withdrawal

(11) A birth parent who has withdrawn a notice under subsection (8) is not

entitled to file a further notice under subsection (2) in respect of the same

original birth registration.

Privacy

(12) 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, constitutes information relating to an adoption.

Forms

(13) The Registrar may provide for and require the use of forms under this

section.

No-contact notice, adoptive parents etc.

165.2

(1) A person referred to in paragraph 1, 2 or 4 of

subsection 162 (2.1) who wishes not to be contacted by or on behalf of a

birth parent, a birth grand-parent or a birth sibling may file written notice

of the wish with the Registrar.

Application

(2) Subsections 165.1 (2) to (10) apply with necessary modifications to a

notice given under this section.

(1) Paragraphs 1 and 2 of subsection 166 (4) of the Act are

repealed and the following substituted:

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has either withdrawn from parental

control or has the consent of his or her adoptive parent.

2. An adoptive parent of the adopted person if the adopted person is less

than 18 years of age.

2.1 A person who is the child of an adopted person and is 18 years of age

or older.

2.2 A person who has legal custody of an adopted person if the adopted

person is 18 years of age or older and mentally or physically disabled.

(2) Subsection 166 (8) of the Act is repealed and the following

substituted:

Societies and licensees

(8) A person referred to in subsection (4) may make a request to a society

or a licensee for non-identifying information that relates to

Document details

Collection	Ontario — Bills
Citation	Bill 39, 36-2
Type	bill
Volume / chapter	p36 s2 bill 39 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e242572e7fadb434e2cc98d1f0a1f2a4bb750daa

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