ADOPTION ACT 1993 - SECT 68 Restriction on entitlement to apply
ADOPTION ACT 1993 - SECT 68
Restriction on entitlement to apply(1) An adopted person who has not attained the age of 18 years is not entitled to identifying information unless approval in writing has been obtained from each adoptive parent and each birth parent.
(2) Subsection (1) does not apply if—
(a) an adoptive parent is a step-parent; and
(b) the information sought consists of a copy of, or an extract from, an entry in the register of births.
(3) A birth parent of an adopted person who has not attained the age of 18 years is not entitled to identifying information unless approval in writing has been obtained from each adoptive parent.
(4) A birth relative of an adopted child is not entitled to identifying information unless—
(a) if the information sought consists of a copy of, or an extract from, an entry in the register of births relating to the period before the person's adoption—the applicant can demonstrate that he or she knows the names of each birth parent of the person who is named in the register; and
(b) if the adopted person has not attained the age of 18 years—approval in writing has been obtained from each adoptive parent.
(5) An adoptive parent of an adopted person who has not attained the age of 18 years is not entitled to identifying information unless approval in writing has been obtained from each birth parent.
(6) Despite subsections (1) to (5) the approval of a person is not required for this division if the director-general or the registrar-general, as the case requires, is satisfied that—
(a) the person is dead; or
(b) the location of the person is not known and could not with reasonable enquiries be ascertained.
(7) The director-general may withhold information from a birth parent if the director-general believes, on reasonable grounds, that the person has been subjected to sexual or physical abuse from that birth parent.