Would A Person Be Able To Find His Natural Birth Parents Or Brothers Or Sisters?

In some cases, but not always.

All records relating to an adoption order that are in the custody of

  • the director (of Child and Family Services);
  • a child and family services agency; or
  • an adoption agency;

are confidential and may be accessed only as provided in The Adoption Act.

Post­adoption records are maintained separately in the Post­Adoption Registry. Identifying information may be disclosed where disclosure is necessary for the safety, health or well­being of a person, with the written approval of the director or in other limited circumstance under the Act.

The following persons are entitled to register in the post­adoption registry, although any of them are not required to do so:

  • an adult adopted person;
  • an adopted person who is under the age of majority, through his or her adoptive parent;
  • an adoptive parent:
    • if the adopted person is an adult, with the adopted person’s consent;
    • if the adopted person is deceased;
  • an adult adopted brother or sister of an adopted person, if the adopted person is deceased;
  • a birth parent of an adopted person;
  • an adult birth brother or sister of an adopted person.

Any of such persons may be entitled to request identifying information or reasonable assistance to locate any other such persons, unless a disclosure or contact veto from such person or persons is in effect.

Any person who is entitled to register in the post­adoption registry may file a disclosure veto, in writing, prohibiting the disclosure of any identifying information and may also file with such veto a statement which may include any of the following:

  • reasons for wishing not to disclose any identifying information;
  • in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
  • any other relevant, non­identifying information.

Any person who is entitled to register in the post­adoption registry may file a written contact veto prohibiting anyone from trying to contact such person. The person filing a contact veto may also file a statement similar to the one which may be filed with a disclosure veto.

A contact veto may be withdrawn any time by the person who registered it, by appropriate request in writing to the director.

Even if a contact veto has been filed, in compelling circumstances affecting anyone’s health or safety, the director may contact any of the following to share with them any information from the Adoption Record or the post­adoption registry or obtain from them any necessary information:

  • a birth parent;
  • if the birth parent cannot be located, from a member of the birth parent’s extended family;
  • an adult adopted person;
  • if the adult adopted person cannot be located, from a member of the adult adopted person’s extended family.

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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified adoption lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local adoption attorney to discuss your specific legal situation.

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