ADOPTION ACT 1984 - SECT 78 Application for information about birth of adopted person
ADOPTION ACT 1984 - SECT 78
Application for information about birth of adopted personS. 78(1) amended
by No. 43/1996
s. 65(Sch. item 1.5(a)).
(1) If a person who is—
(a) an adopted person; or
(b) an adoptive parent of an adopted person—
makes application under the Births, Deaths and Marriages Registration Act 1996 to the Registrar for an extract from or copy of an entry in the Register of Births relating to the birth of the adopted person, subsection (2) applies.
S. 78(2) amended by No. 43/1996 s. 65(Sch. item 1.5(b)).
(2) Unless subsection (3) or (4) applies, the Registrar must issue an extract or copy under the Births, Deaths and Marriages Registration Act 1996 which, as far as is practicable, contains all of the items of information which are required to be included in an extract or copy issued to a person who is not an adopted person.
(3) If the Registrar—
(a) does not have available all the information referred to in subsection (2) which is required for the items; or
(b) considers that the information may be available only after a considerable delay—
the Registrar must advise the applicant accordingly.
(4) On being advised under subsection (3), the applicant may agree with the Registrar to the issue of either—
S. 78(4)(a) amended by No. 43/1996 s. 65(Sch. item 1.5(c)).
(a) an extract or copy under the Births, Deaths and Marriages Registration Act 1996 , which contains as much as possible of the information referred to in subsection (2); or
S. 78(4)(b) amended by No. 43/1996 s. 65(Sch. item 1.5(d)).
(b) a certificate under the Births, Deaths and Marriages Registration Act 1996 .
(5) If the Registrar and the applicant cannot reach agreement under subsection (4) and the applicant wishes to continue with the application, the Registrar must issue whichever of the documents referred to in subsection (4)(a) or (4)(b) the Registrar considers appropriate.
(6) If within six months from the date of the application under subsection (1), the Registrar considers that it is possible for the Registrar to issue to the applicant—
(a) an extract or copy under subsection (4)(a) or a certificate under subsection (4)(b), if such an extract, copy or certificate has not been previously issued to the applicant; or
(b) an extract or copy under subsection (4)(a) or a certificate under subsection (4)(b), if the extract, copy or certificate would contain more information than that previously issued to the applicant under subsection (4)(a) or (4)(b); or
(c) an extract or copy under subsection (2)—
the Registrar must as soon as is practicable advise the applicant about which (if any) of the documents referred to in paragraph (a), (b) or (c) is then available for the applicant and if the applicant requires, must issue the available document to the applicant (without any further fee being payable by the applicant).
(7) If, after six months from the date of the application under subsection (1), the Registrar considers that it is not possible at that time for the Registrar to issue to the applicant any of the documents referred to in subsection (6)(a), (b) or (c), the Registrar must, as soon as is practicable, advise the applicant accordingly.
S. 78(8) amended by No. 43/1996 s. 65(Sch. item 1.5(e)).
(8) The fee for an application under this section must not exceed the relevant fee prescribed under the Births, Deaths and Marriages Registration Act 1996 .
S. 79 amended by No. 10244 s. 10, substituted by No. 67/1987 s. 8.