NLIS 4
May 1, 2003
(Health and Community Services)

 

The following statement was issued today by Gerald Smith, Minister of Health and Community Services. It was also read in the House of Assembly:

New Adoption Act

I am pleased to rise today to announce the proclamation of the new Adoption Act. This new, progressive legislation replaces the province�s previous adoption legislation - the Adoption of Children Act.

The Adoption Act represents a significant and positive shift in how adoption services are provided in Newfoundland and Labrador. This Act focuses on the child as the centre of every adoption. It represents a more open direction in the delivery of our adoption services. The new legislation allows for openness agreements between birth parents and adoptive parents for ongoing exchange of information or contact. It also provides for greater openness in the release of adoption information.

Although the new Act is more open than the previous Adoption of Children Act, it still recognizes the confidentiality commitments made under previous legislation. The new Adoption Act has provisions to allow adopted individuals and birth parents to file a disclosure veto for adoptions filed under the previous Act to prevent identifying information from being released through the birth registration or adoption order.

Anyone interested in filing a disclosure veto or a no-contact declaration has one year to do so. There is a one year delay, until April 30, 2004, before the Vital Statistics Division will begin releasing information. We have provided this delay so that adopted individuals and birth parents have time to file a disclosure veto or no-contact declaration with the Vital Statistics Division.

We want all children to be involved in processes which affect them; as such children 12 years of age or older must give consent to their adoption. Children under age 12 years will have knowledge of the adoption process and their views must be considered.

The new legislation also provides for a more independent adoption process for relatives and step-parents. A self-help kit has been developed to guide applicants through the adoption process for relative and step-parent adoptions.

Many of the new elements I have mentioned are progressive. We are a model for the rest of the country to follow. Newfoundlanders and Labradorians have been asking for changes in adoption policies and law, and I am very pleased that after comprehensive public consultations, we now have this new legislation.

2003 05 01                                       2:05 p.m. 


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