New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 133E

133E Birth parent's rights

(1) A birth parent of an adopted person is entitled to receive (subject to this Act)--

(a) the amended birth certificate of the adopted person if a record of the adoption of the person is registered under the Births, Deaths and Marriages Registration Act 1995 , and

(a1) the integrated birth certificate of the adopted person if a record of the adoption of the person is registered under the Births, Deaths and Marriages Registration Act 1995 , and

(b) the adopted person's birth record, and

(c) any prescribed information relating to the adopted person or adoptive parents held by an information source.

(2) A birth parent of an adopted person who is less than 18 years of age is not entitled to receive any adoption information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the adoption information issued by the Secretary.

(3) The Secretary may issue, or refuse to issue, an authority to supply adoption information to the birth parent of an adopted person who is less than 18 years of age.

(4) The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.

(5) The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.

(6) The Secretary may issue an authority to supply adoption information under this section subject to conditions.

(7) An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.

(8) In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.