December 2, 1999
(Health and Community Services)

Government to introduce new adoptions legislation

Joan Marie Aylward, Minister of Health and Community Services, today announced that notice will be given to the House of Assembly today of government's intention to table a Bill entitled an Adoption Act. This Act is intended to replace the Adoption of Children Act, signifying a shift in how adoption services are provided in our province. "Our present adoption legislation is 50 years old and people in this province have been asking for changes in our policies and law," said the minister. "The new Act takes a more modern and open approach to adoption services, as proposed by people throughout the process during a public consultation process."

The present Adoption of Children Act only allows for closed adoptions and all adoptions must go through the Provincial Director of Child Welfare. The new Adoption Act will support new directions including openness agreements and provide for persons involved in adoption to choose service providers, while at the same time respecting past promises of confidentiality for adoptions occurring prior to the passage of the new Act. It is also consistent with the principles of the new Child, Youth and Family Services Act by focusing on the best interests of children, and giving birth parents and children greater input into their adoption process.

"As with all our children's programs, the child will remain the focus in our new adoptions legislation," said the minister.

Some of the highlights of the new Adoption Act include: ensuring children under age 12 also have input into their adoption; enabling children to have the ability to maintain contact with their birth family following adoption finalization through openness agreements; and direct placement of infants with prospective adoptive parents chosen by the birth parents and approved by the Director of Adoptions.

Media contact: Glenn Bruce, Director of Communications, (709) 729-1377.

BACKGROUNDER
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HIGHLIGHTS OF OUR NEW ADOPTION ACT

INTRODUCTION
The proposed Adoption Act has been developed to replace the existing Adoption of Children Act. The Act represents a significant shift in how adoption services will be provided in our province. The Act is consistent with the new Child, Youth and Family Services Act which has clearly articulated principles and emphasizes prevention and early intervention services and the involvement of children, youth, families, and communities in decisions that effect them. The Act was drafted following release of The Green Paper on Adoption Policy and Law in Newfoundland and Labrador, and the extensive consultations which followed.

HIGHLIGHTS OF THE NEW ACT INCLUDE:

• Children under age 12 years will have input into their adoption;

• Children will have the ability to maintain contact with their birth family following adoption finalization (openness agreements);

• Direct placement of infants with prospective adoptive parents chosen by the birth parents and approved by the Director will be available;

• One or two adults jointly may apply to adopt a child;

• There will be an easier process for relative/step parent adoptions (self help kits);

• Authority will be delegated to Directors of Adoption employed by Regional Health & Community Services and Integrated Health Boards;

• Adoption agencies may be licensed to process adoption applications and provide pre and post placement support to children, birth families and adoptive parents;

• An open records system will be established for future adoptions;

• People can use a disclosure veto and/or no contact declaration to protect the privacy of parties to adoptions which were finalized prior to the proclamation of this Act;

• Minor adoptees, adoptive parents, and birth parents where approved by the Provincial Director and/or Court will have the ability to access their medical records;

• Ratification of the Hague Convention on Inter Country Adoption.

DELIVERY OF SERVICE
Regional Health and Community Services and Integrated Health Boards will have the responsibility in each region of the province to administer this Act and provide services to children, youth, and their families. Each Board shall appoint a Director of Adoptions. The Director of Adoptions may also license adoption agencies to process applications and provide pre and post placement support to children, birth parents, and adoptive parents. Approval of applications will be by the Director of Adoptions in the regions. The provincial director will have responsibility for maintaining a provincial register of children available for adoption, and a register of approved adoptive applicants. The provincial director will also maintain responsibility for selections and placement of children, and for vaulting finalized adoption records.

Delivery of services through community boards will provide opportunities for establishing partnerships with community groups within the regions they serve and allow services to be provided closer to the communities in which they live.

Licensed adoption agencies may also provide an opportunity for children, birth parents, and adoptive parents to receive services at arms length from government.

IMPLEMENTATION
It is anticipated that the Adoption Act will be proclaimed during Fall 2000 with the exception of provisions related to open records for past adoptions. These provisions will be delayed to allow birth parents, and adoptive parents time to register Disclosure Vetoes and/or no contact declarations to maintain confidentiality of records. Prior to the Act being proclaimed extensive training will occur with Health and Community Services staff and information will be provided for the public and other interested parties.

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QUESTIONS AND ANSWERS ABOUT OUR NEW ADOPTION ACT

WHY DO WE HAVE A NEW ADOPTION ACT?
Our present adoption legislation (Adoption of Children Act) is 50 years old and people in the province have been asking for changes in adoption policies and law. To begin the process government appointed an Adoption Advisory Committee comprised of members who are involved in adoptions or have a particular interest in adoption. The Advisory Committee identified and discussed adoption issues to be considered for a modern adoption system. From these discussions the Green Paper on Adoption Policies and Law was developed and released to the public in February 1998. Since then public consultations have been held across the province and written and verbal submissions regarding issues were received. The new Adoption Act reflects the changes recommended by the public through this consultation process.

DOES THIS BILL REPLACE THE ADOPTION OF CHILDREN ACT?
Yes. The present Adoption of Children Act is 50 years old. It only allows for closed adoptions and all adoptions must go through the Provincial Director of Child Welfare. The present legislation has not kept pace with the changing needs of children and society. There has been internal and public support for new legislation. The proposed new Adoption Act will support new directions including openness agreements and provide for persons involved in adoption to choose service providers.

IS THE NEW ADOPTION ACT CONSISTENT WITH THE NEW CHILD, YOUTH AND FAMILY SERVICES ACT?
Yes. The new Adoption Act is consistent with the Child, Youth and Family Services Act which has clearly articulated principles and emphasizes prevention and early intervention services and the involvement of child, youth, families and communities in decisions that affect them. The child will be the center of every adoption.

WHO CAN APPLY TO ADOPT A CHILD?
The new Adoption Act allows for one adult alone or two jointly to apply to adopt a child. In addition, one adult may apply to the court to jointly become a parent of a child with the birth parent of a child. These changes close the gap from the existing Act which only allowed a single person or a married couple to adopt.

WILL BIRTH PARENTS BE ABLE TO CHOOSE PERSPECTIVE ADOPTIVE PARENTS FOR THEIR CHILD?
Yes. The Adoption Act will allow birth parents to select the prospective adoptive parents for their child. This can be done either through specific parents being named by the birth parents or through choosing from the non-identifying profiles of approved adoptive applicants.

WILL THE NEW ADOPTION ACT ALLOW CONTACT TO BE MAINTAINED BETWEEN A CHILD PLACED FOR ADOPTION AND BIRTH FAMILY FOLLOWING THE FINALIZATION OF AN ADOPTION?
Yes. The Act allows for openness agreements, meaning that birth parents and adoptive parents may agree to an ongoing exchange of information or contact. Openness can vary from sharing letters or pictures through a third party, after the adoption is finalized, to birth parents having personal contact with the adoptive family throughout the child's life. The adoptive parents may also enter into an agreement with another birth relative, foster parent, or significant other who has a relationship with the child. All such agreements are made voluntarily and when it's in the best interest of a child to do so.

WILL CHILDREN BE INVOLVED IN THE DECISION TO BE ADOPTED?
Yes. All children 12 years of age or older must give consent to his/her adoption. Children under age 12 years will have knowledge of the adoption process and their views must be considered in the adoption process.

WILL RELATIVES AND STEP PARENTS HAVE TO GO THROUGH THE DIRECTOR OF CHILD, YOUTH AND FAMILY SERVICES TO ADOPT A CHILD OF A BIRTH RELATIVE OR BIRTH PARENT?
No. The new Act will allow relatives/step parents to complete an adoption without having to go through the Director of Child, Youth & Family Services. SELF HELP KITS will be available for this purpose. Relatives and step parents may also seek community resources and/or licensed adoption agencies to help them through this process.

WILL ADOPTION SUBSIDIES BE AVAILABLE TO PROSPECTIVE ADOPTIVE PARENTS?
Yes. The adoption subsidy program will remain to ensure services and financial support is available to children with special needs and/or families who require these services to be successful with their adoption.

WILL NON-RELATIVE ADOPTIONS HAVE TO GO THROUGH THE PROVINCIAL DIRECTOR?
Yes. The provincial director will maintain responsibility for placement of children, and for issuing the Director's Certificate to finalize the adoption, once the probationary period has been completed. The provincial director will also vault all records when the Court has finalized the adoptions.

WILL THERE BE ANY DELEGATION OF THE PROVINCIAL DIRECTOR'S AUTHORITIES UNDER THE NEW ACT?
Yes. Directors of Adoption will be designated by Health and Community Services and Integrated Health Boards in each region of the province. These directors will have responsibility for adoptions in their respective region. They will approve all adoption applications, even those completed by licensed adoption agencies. The Directors of Adoption will also license and monitor adoption agencies and services.

WHAT ROLE WILL LICENSED ADOPTION AGENCIES HAVE IN RELATION TO ADOPTIONS?
Licensed adoption agencies will be able to:

1. provide counselling to birth parents who may plan adoption for the child;

2. process applications for prospective adoptive parents who wish to adopt provincially, inter-provincially, or internationally;

3. provide post-placement support to adoptive parents including preparation of probationary progress reports required prior to the finalization of adoption;

4. provide progress reports on a child following finalization of the adoption, particularly as these relate to international adoptions;

5. provide counselling to children, birth parents, and/or adoptive parents throughout the life process of adoption;

6. assist with the completion of openness agreements, and assist parties with any issues which may arise.

WILL ALL ADOPTIVE APPLICANTS HAVE TO ADOPT THROUGH A LICENSED ADOPTION AGENCY?
No. Health and Community Services and Integrated Health Boards will continue to provide services to children, birth parents, and prospective adoptive parents in every region of the province.

WILL THE ACT PROVIDE AN OPEN RECORDS SYSTEM?
Yes. The new Act mandates open records for all new adoptions completed under it once proclaimed.

WHAT DOES OPEN RECORDS MEAN?
When the new Act takes effect, an adopted person 19 years of age or older may apply to the Vital Statistics Division of the Department of Government, Services and Lands to obtain a copy of their birth registration and adoption order. These documents will include the name of their birth parents at the time of birth.

Birth parents of adopted people who are 19 years of age or older may apply to the Vital Statistics Division for a copy of the adopted person's birth registration and adoption order to learn the person's adoptive name.

WHAT PROTECTION OF RECORDS EXIST FOR ADOPTIONS COMPLETED UNDER THE EXISTING ADOPTION OF CHILDREN ACT?
Persons who wish to maintain their privacy under the new Act have the option of filing a disclosure veto and/or a no contact declaration. This will respect past promises of confidentiality. An extensive notification campaign will be initiated before this section is proclaimed to enable persons wishing to file disclosure vetoes and/or no contact declarations time to do so.

WHAT IS A DISCLOSURE VETO?
The option of filing a disclosure veto is available to birth parents and adopted people involved in adoptions that are completed before the new Act takes effect. A disclosure veto may be filed with the Vital Statistics Division of the Department of Government Services and Lands by adopted people when they reach 18 years of age or by birth parents when the adopted people have reached 18 years of age. Records will not be shared when these vetoes/declarations have been filed. The ability for adoptive persons and birth parents to file these documents one year prior to the adopted person turning age 19 years ensures records would not be released.

WHAT IS A NO CONTACT DECLARATION?
A no contact declaration filed with Vital Statistics Division of the Department of Government Services and Lands will prohibit any contact with the person who has filed the no contact declaration.

The person seeking access to birth registration and adoption order records through Vital Statistics will be required to sign a statutory declaration promising that they will not contact the other person as long as the no contact declaration is in effect. Under the new Act anyone who violates a no contact declaration will face a maximum penalty, on conviction, of six months in jail and/or a fine of up to $10,000.

WHO MAY FILE A NO CONTACT DECLARATION?
The option of filing a no contact declaration is available to birth parents and adopted people for any adoptions completed under the previous legislation. A no contact declaration may be filed with the Vital Statistics Division by adopted people 18 years of age or older or by birth parents of adopted people. The ability to file the no contact declaration one year prior to the adopted person turning 19 years old ensures the records will not be released when the adopted person is 19 years old.

WILL PERSONS FILING A DISCLOSURE VETO AND/OR NO CONTACT DECLARATION BE ABLE TO INFORM THE OTHER PERSON OF INFORMATION OR THE REASON FOR FILING THE DISCLOSURE VETO AND/OR NO CONTACT DECLARATION?
Yes. In recognition of the importance that information on the other person has for an adopted person or birth parent, the person filing the disclosure veto or no contact declaration has the option of filing a written statement with the Vital Statistics Division. This written statement may include social, medical, and health information, and possibly, information on why contact or disclosure of identifying information is not desired at this time. Where a written statement has been filed by an adopted person or a birth parent who has filed a disclosure veto or no contact declaration, the Vital Statistics Division will forward this statement to the other party on their application for birth registration and adoption order information.

HOW LONG DOES A DISCLOSURE VETO AND /OR NO CONTACT DECLARATION STAY IN EFFECT?
A no contact declaration and disclosure veto remains in effect until it is lifted or until two years after the death of the person who filed it. A disclosure veto or no contact declaration may be cancelled at any time by the person who filed it by contacting or writing the Vital Statistics Division. The cancellation must be done in writing.

WHAT ABOUT VETOES FILED WITH THE POST ADOPTION SERVICES PROGRAM?
Vetoes filed with Post Adoption Services Program will be automatically transferred from the Post Adoption Services Program to the Vital Statistics Division.

ARE THERE LIMITATIONS RELATED TO FILING A DISCLOSURE VETO AND/OR NO CONTACT DECLARATION?
Yes. The filing of a disclosure veto and/or no contact declaration applies only to records held by the Newfoundland and Labrador Vital Statistics Division. It is not a guarantee to privacy or confidentiality. The other person may choose to locate or identify the other person through other means.

HOW WILL GOVERNMENT ENSURE THAT PERSONS INVOLVED IN ADOPTIONS UNDER THE EXISTING LEGISLATION ARE INFORMED OF THEIR ABILITY TO FILE DISCLOSURE VETOES AND/OR NO CONTACT DECLARATIONS?
The proclamation dealing with the open records system will be delayed for six months to allow for public information to be shared and parties of past adoptions to file disclosure vetoes and/or no contact declarations. Information about the new Adoptions Act will be brought to the public's attention in a variety of ways including: the media, distribution of literature, direct contact with persons currently registered with the Post Adoptions Services Program, and so on.

WILL THE NEW ACT RATIFY THE 1993 HAGUE CONVENTION ON PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF INTER-COUNTRY ADOPTION?
Yes. The new Adoption Act will ratify the Hague Convention which aims to ensure that international adoptions are conducted in the best interests of the child and with respect for their fundamental rights.

Statement read in the House of Assembly

1999 12 02 10:25 a.m.