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The following statement was read in the House of Assembly December 2, 1999 by Joan Marie Aylward, Minister of Health and Community Services.

I will give notice today of my intention to table a new Bill entitled an Adoption Act which will replace the existing Adoption of Children Act.

The Adoption Act represents a significant shift in how adoption services are provided in Newfoundland and Labrador. It is 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 the adoption process.

The Adoption Act provides for a variety of options in the delivery of adoption services, and includes the following provisions:

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

  • children will be able to maintain contact with their birth family following the finalization of their adoption;

  • infants can be directly placed with prospective adoptive parents chosen by the birth parents and approved by the Provincial Director of Child Welfare;

  • the ability for one or two adults jointly to apply to adopt a child;

  • an easier process for relative/step parent adoptions;

  • the delegation of authority to Directors of Adoption employed by Regional Health & Community Services and Integrated Health Boards;

  • licensing of adoption agencies to process adoption applications and provide pre and post placement support to children, birth families and adoptive parents;

  • the establishment of an open records system for future adoptions;

  • the use of 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;

  • the ability to access medical records for minor adoptees, adoptive parents, and birth parents where approved by the Provincial Director and/or Court; and,

  • the ratification of the Hague Convention on Inter Country Adoption.

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. Delivering services through community boards will provide opportunities for establishing partnerships with community groups and allow services to be provided within the individual communities.

As I have outlined, this legislation is a departure from our existing 50-year old legislation. It provides for a new and more open approach to adoption services and enables persons involved in adoption to choose their service providers, while at the same time respecting past promises of confidentiality for adoptions occurring prior to the passage of the new Act.
 


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