New South Wales Repealed Acts

This legislation has been repealed.

ADOPTION INFORMATION ACT 1990 - SECT 9

9 Access to adoption information by relatives and others after death of adopted person or birth parent

(1) The Director-General may:

(a) supply to a relative or spouse of a deceased adopted person or of a deceased birth parent, or to another person, the original or amended birth certificate of the adopted person or birth parent, or

(a1) supply to a relative or spouse of a deceased adopted person or of a deceased birth parent, or to another person, any prescribed information relating to, or which an adopted person or birth parent is entitled to receive relating to, the adopted person or birth parent, or

(b) after such consultation with the Registrar or other information source concerned as the Director-General considers necessary, authorise the Registrar or other information source to supply such a birth certificate or such information to a person nominated by the Director-General.

(2) The Director-General must not supply a birth certificate or prescribed information to a person other than a relative or spouse (or authorise such action to be taken by an information source) unless the person had a close personal relationship with the deceased person.

(2A) The Director-General must not supply a birth certificate or prescribed information to any person (or authorise such action to be taken by an information source) unless the Director-General has taken into account any likely detriment to the welfare and best interests of any adopted person, birth parent, relative or spouse of the deceased person or the other person if the birth certificate or information is supplied.

(3) An information source so authorised by the Director-General to supply a birth certificate or prescribed information must supply that certificate or information to the person nominated by the Director-General.

(4) This section does not apply to prescribed information held by the Supreme Court.

(5) In this section:
"spouse" of a deceased person includes a person with whom the deceased had a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) at the time of his or her death.