Information about Adoption
Obtaining adoption information
The Adoption Act 1994 enables people who are affected by adoption to obtain information about their adoption.
In 1994, because the legislation was retrospective, it allowed people to protect their privacy if this was their wish by registering Contact and/or Information Vetoes.
Parliament amended the Adoption Act 1994 in 2003. All Information Vetoes were removed as of 1 June 2005. No new Contact or Information Vetoes can be registered.
What is adoption information?
There are two types of adoption information which can be obtained by people affected by adoption - identifying and non-identifying.
Identifying information
This is information that identifies, or has the potential to identify, a party to an adoption.
The following documents contain identifying information about the parties to an adoption:
· The record of the Court proceedings in relation to an adoption.
· The adopted person’s original registration of birth together with the adoption details.
The records of court proceedings for adoption are held at the Family Court of Western Australia. An application for release of these records must be made to the Department for Child Protection.
Under the Adoption Regulations 1995, the following court documents are considered the record of court proceedings: -
· The consent forms signed by the birth parents
· If relevant, the form applying to dispense with a consent
· The application for the adoption order
· If relevant, any order discharging an adoption order
· For adoptees only, that portion of any document naming the birth father (subject to certain conditions)
The Registry of Births, Deaths and Marriages holds birth registration records. An application for the release of a full original birth certificate, which contains an adoption amendment, must be made in the first instance to the Department for Child Protection.
Where an adoption has taken place before 1995, an adoptee will have two Birth Certificates. These are the original Birth Certificate, which became a closed record, and an amended Birth Certificate, used by the adoptee for all legal purposes.
Under the previous adoption laws, the original birth certificate was available to adoptees over the age of 18 years, provided the birth parents had not lodged a veto to prevent the release of the birth certificate and provided the adoptee attended a counselling interview.
The amended birth certificate was available to the adoptive parents and the adoptee.
For adoptions that have taken place under the Adoption Act 1994, an adopted person now has one full birth certificate. The new birth certificate provides the details of both adoptive and birth parents, the date of the adoption and the adopted person's name/s. All the parties to the adoption can apply to the Department for Child Protection for an authority to obtain a copy of this certificate.
However, the adoptive parents or the adopted person may apply directly to the Registry of Births, Deaths and Marriages for a certified copy of the portion of the birth registration which does not refer to the adoption or the birth parents' details. This certificate will be acceptable for all legal purposes.
Other identifying information
The Adoption Act 1994 does not allow people to access any other identifying information, for example on adoption files and records held by the Department for Child Protection, without the written permission of all persons to whom the information relates.
Non-identifying information
This is information from adoption records, which provides details about another person but does not identify them. Examples of non-identifying information include physical descriptions, family history and background, education, occupation, medical details and personal characteristics, interests and hobbies.
The type of non-identifying information available is usually information about the adopted child, birth parents and adoptive family that was collected at the time of the relinquishment and adoption. It should, however, be noted that not all information was verified and therefore it may not be totally accurate.
Who can apply for identifying adoption information?
A birth parent, adoptee or adoptive parent can apply for identifying information. Certain conditions will apply to the release of the information depending upon when the adoption occurred.
In some circumstances it may be possible for other close relatives to apply for access to the adopted person's birth registration and court records. These circumstances relate to situations where a party to an adoption has died or when an adopted person cannot be found.
If the adoption took place under the previous Adoption of Children Act 1896 the following people can apply to access the birth certificate and/or the record of the court proceedings in relation to an adoption:
· The adoptee
(If the adoptee is under 18 years of age the consent of an adoptive parent or guardian, and each of the birth parents who consented to the adoption is required.)
· The birth parents
(If the adoptee is under 18 years of age, the consent of the adoptive parents or guardian is required, with consideration of the adoptee’s wishes.)
· The adoptive parents
(If the adoptee is under 18 years of age, the consent of each of the birth parents who consented to the adoption is required.)
· Any other person who was a party to the proceedings
(If the adoptee is under 18 years of age the consent of an adoptive parent or guardian, and each of the birth parents who consented to the adoption is required.)
Where the adoption has taken place under the Adoption Act 1994, the following people can apply to access the birth certificate and/or the record of the court proceedings:
· The adoptee
· The birth parents
· The adoptive parents
· A person who was a party to the proceedings
An adoptive parent can always obtain a copy of the Order of Adoption.
Access to adoption records by relatives
Special provisions apply where a party to an adoption has died, or an adoptee is over 18 years of age and cannot be found or contacted after suitable enquiries. In such a case, a grandparent, descendant or a sibling of the party can apply to obtain a copy of the original, amended or full birth registration of the adoptee and/or the record of the court proceedings:
Circumstances which prevent the release of identifying adoption information
People may prevent the release of identifying adoption information about themselves by applying to the Family Court for a Court Order. Special circumstances apply.
Who can apply for non-identifying information?
The following people can apply for non-identifying information: -
· The birth parents
· The adoptive parents
· The adoptee
(If less than 18 years of age and the adoption took place under the Adoption of Children Act 1896, the consent of an adoptive parent or guardian is required)
· Any grandparent of the adoptee
· Any descendant of the adoptee who is 18 or more years of age
· Any sibling of the adoptee providing both the adoptee and the sibling are 18 or over
· Any other person who, in the opinion of the Director-General, has a suitable reason for having access to the information
How to apply for adoption information?
Applications for adoption information should be made Past Adoption Services, Department for Child Protection Tel: (08) 9222 2555.
An application form must be completed, and proof of identity shown. Where a relative is applying for adoption information, proof of their relationship and eligibility must also be provided (such as their birth certificate and/or marriage certificate and the relevant death certificate).
If the adoption information is distressing
Counselling and support services are available to assist people when information is being released which may be distressing or difficult.
Further information and advice on adoption
If you would like further information about these and other past adoption services, or if you would like to talk to someone about an adoption issue, please contact:
Past Adoption Services
Department for Child Protection
Level 2, 161 Great Eastern Highway PO Box 641
Belmont WA 6104 Belmont WA 6984
Tel (08) 9222 2555
Fax (08) 9259 3438
Freecall (country callers) 1800 622 258
Non Government Adoption Organisations:
Counselling and Support Services
Adoption Jigsaw WA (Inc)
McCall Centre
2A Curtin Avenue PO Box 819
Cottesloe WA 6011 Cottesloe WA 6911
Tel (08) 9384 0222 (www.jigsaw.org.au)
PPP – Progressing Priority Projects
PO Box 7138
Karawara WA 6152
Mobile: 0419047315 (www.adoptionwa.org.au)
Support Groups
ARMS – Association Representing Mothers Separated from their Children by Adoption
Tel (08) 9312 1999
Adoption Support for Families and Children (Inc)
15 Cambridge Street
West Leederville WA 6007
Subiaco WA 6008
Tel (08) 9489 4008 (www.asfc.info/aspx/default.aspx)
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