ADOPTION ACT 1984 - SECT 97 Natural relative's right to information

ADOPTION ACT 1984 - SECT 97

    (1)     In this section, natural relative in relation to an adopted person means a grandparent, brother, sister, uncle or aunt of the adopted person where the relationship is of the whole blood or half-blood.

    (2)     A natural relative of an adopted person may make application to a relevant authority for—

        (a)     information about the adopted person (other than information from which (whether directly or indirectly) the adoptive parents of the adopted person may be identified or the whereabouts of the adopted person ascertained); or

        (b)     information about the adopted person from which the adoptive parents of the adopted person may be identified or the whereabouts of the adopted person ascertained.

    (3)     There shall not be given to an applicant under subsection (2)—

        (a)     any information to which paragraph (b) of that subsection applies unless the relevant authority—

              (i)     is satisfied that circumstances exist which make it desirable so to do;

              (ii)     where the adopted person has attained the age of eighteen years—has obtained the agreement in writing, which may be given subject to conditions, or evidence of the death, of the adopted person; and

S. 97(3)(a)(iii) amended by No. 67/1987 s. 13(b).

              (iii)     where the adopted person has not attained the age of eighteen years—

    (A)     has considered any wishes expressed by the adopted person, or where the adopted person has died, has obtained evidence of the death of the adopted person; and

    (B)     has obtained the agreement in writing, which may be given subject to conditions, or evidence of the death of, each adoptive parent of the adopted person or of the guardian of the adopted person (if the guardian is not an adoptive parent of the adopted person); or

        (b)     any part of the information to which paragraph (b) of that subsection applies where the relevant authority determines that, in order to give effect to any wishes of the adopted person or conditions imposed by the adopted person or of an adoptive parent, that part of the information ought not to be disclosed.