ADOPTION ACT 1984 - SECT 92 Access to birth certificates of adopted persons

ADOPTION ACT 1984 - SECT 92

S. 92(1) amended by Nos 10244 s. 10, 72/1997

s. 12(e), 68/2015 s. 14(1).

    (1)     Where an order under this Act for the adoption of a child whose birth was registered in Victoria is made in favour of—

S. 92(1)(a) amended by Nos 72/1997

s. 12(e), 68/2015 s. 14(1).

        (a)     a spouse or domestic partner of a natural parent of the child;

S. 92(1)(b) amended by Nos 72/1997

s. 12(e), 68/2015 s. 14(1).

        (b)     a person who, or whose spouse or domestic partner, is a relative of the child; or

        (c)     two persons who are relatives, or one of whom is a relative, of the child—

a person in whose favour such an order is made, the adopted person (whether before or after attaining the age of 18 years) or, where the order is made in favour of the spouse or domestic partner of a natural parent, the natural parent, may make application to the Registrar for the issue of an extract from, or certified copy of, the entry in the Register of Births relating to the adopted person.

S. 92(2) amended by No. 46/1998

s. 7(Sch. 1).

    (2)     An adopted person who has attained the age of eighteen years may make application in the prescribed form to the Secretary—

        (a)     where the birth of the adopted person was registered in Victoria—for an extract from, or certified copy of, the entry in the Register of Births relating to the adopted person; or

S. 92(2)(b) amended by No. 46/1998

s. 7(Sch. 1).

        (b)     where the birth of the adopted person was not registered in Victoria—for a copy of an extract from, or certified copy of, the original birth certificate relating to the adopted person contained in records relating to the adoption of the person that are in the possession or under the control of the Secretary, an agency, another body or person or of the Court.

S. 92(3) amended by Nos 72/1997

s. 12(f), 46/1998

s. 7(Sch. 1), 68/2015 s. 14(2).

    (3)     Where an order under this Act for the adoption of a child whose birth was not registered in Victoria is made in favour of—

S. 92(3)(a) amended by Nos 72/1997

s. 12(f), 68/2015 s. 14(2).

        (a)     a spouse or domestic partner of a natural parent of the child;

S. 92(3)(b) amended by Nos 72/1997

s. 12(f), 68/2015 s. 14(2).

        (b)     a person who, or whose spouse or domestic partner is a relative of the child; or

        (c)     two persons who are relatives, or one of whom is a relative, of the child—

a person in whose favour such an order is made, the adopted person (whether before or after attaining the age of 18 years) or, where the order is made in favour of the spouse or domestic partner of a natural parent, the natural parent may make application in the prescribed form to the Secretary for a copy of an extract from, or certified copy of, the birth certificate relating to the adopted person contained in records relating to the adoption of the person that are in the possession or under the control of the Secretary, an agency, another body or person or of the Court.

S. 92(4) amended by Nos 10244 s. 10, 46/1998

s. 7(Sch. 1), 20/2022 s. 50(1).

    (4)     Where the Secretary receives an application under paragraph (a) of subsection (2), the Secretary shall make application to the Registrar for the issue, whether to the Secretary or to the applicant, of an extract from, or certified copy of, the entry in the Register of Births relating to the applicant.

S. 92(5) amended by Nos 10244 s. 10,

43/1996 s. 65(Sch. item 1.8), 20/2022 s. 50(2).

    (5)     Upon application under subsection (1) or (4), the Registrar shall issue, in accordance with the application, an extract from, or certified copy of, the entry in the Register of Births relating to the person named in the application.

S. 92(6) amended by No. 10244 s. 10.

    (6)     The Registrar shall not issue an extract from an entry in the Register of Births under subsection (5) unless the extract is marked with the word "adopted".

S. 92(7) amended by No. 46/1998

s. 7(Sch. 1).

    (7)     Where the Secretary receives an application under paragraph (b) of subsection (2) or under subsection (3), the Secretary shall—

S. 92(7)(a) amended by No. 46/1998

s. 7(Sch. 1).

        (a)     where the copy to which the application relates is in the possession or under the control of the Secretary, give a copy to the applicant; or

S. 92(7)(b) amended by No. 46/1998

s. 7(Sch. 1).

        (b)     where the copy to which the application relates is in the possession or under the control of an agency, other body or person or the Court, request that agency, body, person or Court to give a copy to the Secretary or, where the request so states, to the applicant.

S. 93 substituted by Nos 67/1987 s. 12(a), 69/1989 s. 5.