South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to a
direction under subsection (2), the Registrar of Births, Deaths and
Marriages must, on receipt of notice of the adoption of a child, cancel any
entry formerly made in the register of births relating to the child and make a
fresh entry containing—
(a) a
statement of the date and place of birth of the child; and
(b) the
names of the persons who are in contemplation of law the parents of the child
following the adoption.
(2) Subject to
subsection (3), the Court may, on the application of the adoptive parents
or the Chief Executive, direct the Registrar of Births, Deaths and Marriages
not to cancel any entry formerly made in the register of births relating to
the child but instead to add to that entry a note of the names of the
adoptive parents.
(3) Where either or
both of the birth parents of the child are alive, the Court must not give a
direction under subsection (2) unless satisfied that the information
relating to the birth parents of the child contained in the entry is known to
the child or that the birth parents approve of the child having access to that
information.
(4) Subject to
subsection (7), the Registrar of Births, Deaths and Marriages must not
allow any person access to information contained in an entry cancelled under
subsection (1) or in an entry in the register of births relating to a
person who was adopted before the commencement of this Act except on the
authorisation of the Chief Executive.
(5) The
Chief Executive must not authorise access to information by a person who was
adopted before the commencement of this Act if a birth parent of the person
directs the Chief Executive not to do so.
(6) A direction under
subsection (5)—
(a) has
effect for a period of five years, unless revoked earlier;
(b) may,
on the expiration of a period for which it has effect, be renewed;
(c) must
be lodged, renewed or revoked in a manner approved by the Chief Executive.
(7) The Registrar of
Births, Deaths and Marriages may, without the authorisation of the
Chief Executive, allow access to information contained in an entry cancelled
under subsection (1)—
(a) if
the person to whom the entry relates has attained the age of 18 years, to that
person;
(b) to a
birth parent of the person to whom the entry relates.