New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 136

136 Birth parent's rights

(cf AI Act s 8)

(1) A birth parent of an adopted person who is 18 or more years of age 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 the adoptive parents held by an information source.

(3) A birth parent is not entitled to receive any prescribed information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary, except as provided by subsection (6).

(4) A designated person may supply a birth parent with prescribed information held by an information source about an adopted child who is less than 18 years of age without production of the amended birth certificate or integrated birth certificate of the adopted person or authority to supply the adoption information if, in the opinion of the designated person, the information could not be used to identify the adopted person or his or her adoptive parents.

(5) A birth parent of an adopted person may request the Secretary or a principal officer to take such action as is reasonable in the circumstances to ascertain from the child's adoptive parents information of a kind prescribed by the regulations as to the current physical and emotional well-being of the child.

(6) A birth parent of an adopted person is entitled to receive from the Secretary (or from an information source authorised to supply the information) any information obtained in response to a request made under subsection (5)--

(a) that the Secretary considers does not identify, or could not be used to identify, the adoptive parents, and

(b) if, in the opinion of the Secretary, it would promote the welfare and best interests of either or both of the parties concerned.

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

Note :
"Designated person" is defined in the Dictionary.