South Australian Current Acts South Australian Current Acts (1) The Registrar
must, on receipt of notice of the adoption of a child—
(a) if
the child's birth is registered in this State—add a note to the entry in
the register relating to the child containing the names of the persons who are
in contemplation of law the parents of the child following the adoption; or
(b) in
any other case—make an entry containing—
(i)
a statement of the date and place of birth of the child;
and
(ii)
the names of—
(A) the birth parents of the child (if
known); and
(B) the persons who are in contemplation of
law the parents of the child following the adoption.
(2) Subject to this
section, the Registrar must not allow any person access to information
contained in an entry in the register of births relating to an adopted person
who is less than 18 years of age.
(3) If the parties to
an adoption agree (whether at the time of the making of the adoption order or
at a later date) that information in an entry in the register of births
(including a cancelled entry) relating to an adopted person may be accessed
before the adopted person turns 18, the parties may give the Chief Executive a
notice indicating such agreement (a "consent notice").
(4) The Registrar
may—
(a) if
the Chief Executive has given the Registrar a consent notice, allow a
party to an adoption access to information contained in the entry in the
register of births relating to an adopted person who is less than 18 years of
age (including a cancelled entry); or
(b) if
the Registrar has not been given a consent notice—
(i)
allow access by the adopted person or the
adoptive parents to the information contained in the entry other than—
(A) information in a cancelled entry; or
(B) without limiting
subsubparagraph (A), information relating to the birth parents or the
name of the adopted person before the adoption; and
(ii)
allow access by the birth parents to the following
information contained in the entry (whether or not the information is
contained in a cancelled entry):
(A) the names of the birth parents;
(B) the name of the adopted person before
the adoption;
(C) the statement of the date and place of
birth of the adopted person.
(5) A
consent notice—
(a) has
effect until the adopted person attains the age of 18 years, unless
revoked before that date; and
(b) may
be revoked at any time by any party to the adoption; and
(c) must
be given or revoked in a manner and form approved by the Chief Executive.
(6) Subject to
section 41A, the Registrar—
(a) may
allow any person access to information relating to an adopted person who is
aged 18 years or more contained in an entry (other than a cancelled entry) in
the register of births; or
(b) in
the case of any such information in a cancelled entry—may allow access
to the information—
(i)
by the adopted person or a birth parent of the adopted
person; or
(ii)
by any other person on the authorisation of the
Chief Executive.
(7) The
Chief Executive must not give an authorisation under
subsection (6)(b)(ii) if the Chief Executive is of the opinion that to do
so would give rise to a serious risk to the life or safety of a person.
(8) If the
Registrar—
(a)
receives from the Chief Executive a statement of wishes; and
(b)
allows access to information relating to the person who gave the
statement of wishes to the Chief Executive,
the Registrar must ensure that, at the time of allowing access, the
statement of wishes is given to the person to whom access is allowed.
(9) In this
section—
"cancelled entry" means any entry formerly made in the register of births
relating to an adopted person that was cancelled by the Registrar before the
relevant day;
"relevant day" means the day on which section 31 of the Adoption (Review)
Amendment Act 2016 comes into operation.