South Australian Consolidated Acts

ADOPTION ACT 1988 - SECT 27

27—Right to obtain information once adopted person turns 18

        (1)         Subject to this Part, an adopted person who has attained the age of 18 years or, if the adopted person consents or is dead or cannot be located, a lineal descendant of the adopted person, may obtain—

            (a)         the names and dates of birth (if known) of the person's birth parents;

            (b)         any other information in the possession of the Chief Executive relating to the birth parents and the circumstances of the adoption ¹ ;

            (c)         any message, information or item given to the Chief Executive by a birth parent with instructions that it be provided to the adopted person;

            (d)         information in the possession of the Chief Executive relating to a sibling (whether of the whole or half blood) of the person who has also been adopted and who has also attained the age of 18 years.

        (2)         Subject to this Part, if an adopted person has attained the age of 18 years, a birth parent of the person or, if the birth parents consent or are dead or cannot be located, a person who would have been a relative of the person if the adoption order had not been made, may obtain—

            (a)         the names of the adoptive parents and the adopted person;

            (b)         any other information in the possession of the Chief Executive relating to the adoptive parents and the adopted person;

            (c)         any message, information or item given to the Chief Executive by an adopted person or adoptive parent with instructions that it be provided to the birth parent.

        (3)         Subject to this Part, if an adopted person has attained the age of 18 years, an adoptive parent of the person may, with the consent of the adopted person, obtain—

            (a)         any information in the possession of the Chief Executive relating to the adopted person's birth parents;

            (b)         any message, information or item given to the Chief Executive by a birth parent with instructions that it be provided to the adoptive parents.

        (4)         In providing information under this section the Chief Executive must not reveal the name of a person (other than a birth parent and any siblings of the whole or half blood of the adopted person who have attained the age of 18 years) who would have been a relative of the adopted person if the adoption order had not been made.

        (5)         Nothing in this section entitles a person to obtain information the disclosure of which the Chief Executive has determined, in his or her absolute discretion, would be an unjustifiable intrusion on the privacy of the person to whom the information relates.

        (6)         The Chief Executive must establish and maintain written guidelines regarding the exercise of the Chief Executive's discretion under subsection (5).

        (7)         The Chief Executive must give a copy of the guidelines, on request, to any person.

Note—

1         See also section 41 in relation to birth certificates.