New Adoption Act Proclaimed

Gerald Smith, Minister of Health and Community Services, today announced that Newfoundland and Labrador�s new Adoption Act has been proclaimed. This new, progressive legislation replaces the province�s previous adoption legislation - the Adoption of Children Act.

"Effective immediately, we have adoption legislation in place that better meets the needs of those involved in the adoption process," said Minister Smith. "It focuses on the child as the center of every adoption, and ensures the involvement of the child, youth, and family in decisions that affect them."

The Adoption Act represents a significant and positive shift in how adoption services are provided in this province. The new legislation allows for openness agreements, meaning that birth parents and adoptive parents may agree to an ongoing exchange of information or contact.The new Act also provides for greater openness in the release of adoption information. Those individuals adopted under the new Act, upon reaching 19 years of age, will be able to apply to Vital Statistics for a copy of their original birth registration and a copy of their adoption order. In addition, birth parents of adopted people who are 19 years of age or older may apply to the Vital Statistics for a copy of the adopted person's birth registration and adoption order to learn the person's adoptive name.

Minister Smith explained that while the new Adoption Act allows for increased openness and sharing of information between adopted individuals, their families and birth parents, government fully recognizes the commitments made under the former Adoption of Children Act. "The previous Act had a commitment of confidentiality, and the new Adoption Act has provisions to allow for continuation of that confidentiality," he said. "For adoptions finalized under the former Act, individuals are able to file a disclosure veto to prevent identifying information from being released through the birth registration or adoption order."

Persons wishing to file a disclosure veto or a no-contact declaration have one year to do so. There will be a one-year delay, until April 30, 2004, before the Vital Statistics Division will begin releasing information. This delay allows adopted individuals and birth parents time to file a disclosure veto or no-contact declaration with the Vital Statistics Division.

The new Adoption Act also allows for the involvement of children in the adoption process. All 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. Relatives and step parents no longer have to go through the Director of Adoption to complete an adoption; instead, a self-help kit has been developed for this purpose. The self-help kit guides the applicant through the adoption process for relative and stepparent adoptions.

"I am very pleased that we now have a progressive and up-to-date Adoption Act which better meets the needs of our children and adoptive families and birth parents," said Minister Smith. "We are committed to working with our health and community services system and all those involved in adoptions in implementing the new Act. Our province now has new legislation and practices governing adoptions and we are a model for the rest of the country."

Individuals requiring information on the new Adoption Act can call, toll-free, 1-800-709-2719.

Media contact: Diane Keough, Communications, (709) 729-1377.

Highlights of the new Act include:an open records system for adoptions;

• an open records system for adoptions;
• a disclosure veto or no-contact declaration is available to protect the privacy of parties to adoptions which were finalized prior to the proclamation the Adoption Act (April 30, 2003);
• authority for adoptions will be delegated to regional Directors of Adoption with the regional health and community services and integrated health boards; however, authority for inter-provincial and inter-country adoptions will remain with the provincial Director of Adoption;
• children under age 12 years will have input into their adoption;
• openness agreements whereby birth parents and adoptive parents may agree to an ongoing exchange of information or contact;
• infants can be directly placed with prospective adoptive parents chosen by the birth parents and approved by the Director of Adoption;
• one or two adults jointly may apply to adopt a child;
• relative/stepparent adoptions will not have to go through the Director of Adoption to complete an adoption; self-help kits will be available for this purpose;
• adoption agencies may be licensed to process adoption applications and provide pre- and post-placement support to children, birth families and adoptive parents;
• ratification of the Hague Convention on inter-country adoption.

Adopted individuals, age 18 years and older, and birth parents whose adoptions were finalized under any previous Acts, prior to the proclamation of the Adoption Act, and who wish to maintain their confidentiality, have two options:

1. A disclosure veto can be filed with the Vital Statistics Division of the Department of Government Services and Lands. This will prevent government from releasing identifying information of the person who filed the disclosure veto.

2. A no-contact declaration can be filed with the Vital Statistics Division. This allows the release of a copy of the original birth registration and the adoption order, but personal contact with the person who filed the declaration is legally prohibited. Violating a no-contact declaration can result in summary conviction with penalties of a fine up to $10,000 or a term of imprisonment up to 90 days, or both.

Persons wishing to file a disclosure veto or a no-contact declaration have one year to do so. There will be a one-year delay, from time of proclamation on April 30, 2003, before the Vital Statistics Division will begin releasing information. This allows adopted individuals and birth parents time to file a disclosure veto or no-contact declaration with the Vital Statistics Division.Those individuals who have already filed a disclosure veto with Post Adoption Services must file a new veto or no-contact declaration with Vital Statistics. The disclosure veto or no-contact declaration remains in effect until cancelled in writing by the person who filed it or, until one year after the death of the person who filed it.

The choice to file a disclosure veto or a no-contact declaration is a personal one. Many adopted individuals and birth parents feel, even though they are not able to proceed with contact, it is important to explain their choice, and in some cases, wish to pass along details of their family and medical history. This can be done by filing a written statement with the Vital Statistics Division.

2003 05 01                                         2:10 p.m.