New South Wales Consolidated Regulations

ADOPTION REGULATION 2003 - REG 46

46 Entitlement of adopted person-information prescribed under section 134

Note: This clause does not cover all information that an adopted person may be able to receive, or be supplied with, under the Act. Several other provisions of this Regulation give further entitlements to, or limit entitlements of, an adopted person to prescribed information. See clauses 51-57. Under section 134 (3) of the Act, an adopted person who is less than 18 years old will generally be entitled to receive prescribed information only with the consent of his or her adoptive parents.

(1) An adopted person is entitled to receive:

(a) any relevant information that is held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of a birth parent, sibling, grandparent, aunt or uncle of the adopted person and that will give the adopted person knowledge of his or her origins, and

(b) any of the following information held by an information source:

(i) date on which the person was placed with adoptive parents,

(ii) date of adoption order,

(iii) copy of the instrument of consent to the adoption,

(iv) copy of the request to make arrangements for the adoption,

(v) copy of adoption order or memorandum of adoption (or both),

(vi) reason the person was given up for adoption (as stated by the birth parent or recorded by the information source before placement for adoption),

(vii) copies of medical reports of examinations of the adopted person made before the date of the adoption order,

(viii) a document certifying particulars of the birth of a birth parent,

(ix) a document certifying particulars of the marriage of a birth parent,

(x) a document certifying particulars of the death of a birth parent,

(xi) messages given to the information source by a birth parent for the adopted person if clause 57 is complied with,

(xii) any other document, report, photograph or recording relating to the adopted person that contains information about his or her origins.

(2) An adopted person is entitled to receive the following information held by an information source relating to an adopted brother or sister of the adopted person who is 18 or more years old:

(a) adoptive name,

(b) date of birth,

(c) place of birth,

(d) date of placement for adoption,

(e) date of adoption order,

(f) copy of adoption order or memorandum of adoption (or both),

(g) a document certifying particulars of the marriage of the adopted brother or sister,

(h) a document certifying particulars of the death of the adopted brother or sister,

(i) the following details concerning adoptive parents:

(i) age,

(ii) nationality,

(iii) ethnic background,

(iv) occupation,

(v) hobbies and interests,

(vi) religion,

(vii) composition of adoptive family (including number of children and their age and sex).

(3) Despite subclause (1), an adopted person is not entitled to receive:

(a) information about a birth parent, sibling, grandparent, aunt or uncle that identifies any other person if the information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 unless the information is information that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy, or

(b) information consisting of the family name of a birth parent, sibling, grandparent, aunt or uncle unless that information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy.

Note: Subclause (3) (a) prevents the supply of information about persons such as marriage celebrants or witnesses involved in events that are required to be registered under the Births, Deaths and Marriages Registration Act 1995 .