Adoption Disclosure Laws in Ontario

New Legislation for Information about Adoptees and Birth Families

Mar 19, 2009

New Ontario laws let searching adoptees and birth parents apply to receive full identifying information of the person they want to find as of June 2009.

The sharing of identifying information between adult adoptees and birth parents is a very contentious subject for people who are part of the adoption constellation. With the prevalence of open adoption and the desire for adoptees and birth parents to have contact, the Ontario government has made major changes to its adoption legislation in the past two years.

History of Ontario Adoption Records

In 1921, the province of Ontario created an adoption act which made no mention of sealed records. In 1927, a law was passed to seal all adoption files upon finalization and to legally alter an adopted person’s birth certificate.

In 1979 the Ontario Adoption Disclosure Register was opened to allow adoptees over the age of 18 and birth parents to indicate a willingness to reunite. It was a passive registry and at the time, adoptees who wanted to search for birth parents needed the permission of their adoptive parents.

The adoption laws in Ontario changed in 1987 to permit a match between searching birth parents and adoptees, if both parties signed up with the Adoption Disclosure Register. If a match was made, the Children’s Aid Society facilitated the reunion. If one party did not register, then no information was shared with the searching adoptee or birth parent.

After twenty years of attempting to pass new provincial legislation allowing adoptees full access to information about their birth, Adoption Disclosure Bill 12 was passed in May 2008.

Access to Adoption Information

There are two ways for adoptees and birth families to gain access to information surrounding their adoption situation:

The Access to Adoption Records Act or Bill 12 is relevant to adoptions that were finalized before September 1, 2008 in Ontario. Under the new act, adoptees minimum 18 years old are able to apply for their original statement of live birth and the adoption order as of June 2009.

Birth parents are able to apply for the child’s original statement of live birth, the amended statement of live birth and the adoption order. These documents will indicate the child’s adopted name, but not disclose the names of the child’s adopted parents. Birth fathers not named on the statement of live birth will not be able to apply for post adoption information, but can register with the Adoption Disclosure Registry.

For adoptions finalized before September 1, 2008, adopted adults and birth parents can file a disclosure veto notice if they do not want to be contacted by the other party. The veto will prevent identifying information from being released.

They can also file a no contact notice which still allows identifying information to be released, but there are monetary fines for any contact made by the searching party. Adoptees and birth parents also have the option to file a notice of contact preference.

For adoptions finalized after September 1, 2008, a disclosure veto is not possible, but the birth parents and adoptees can file a no contact notice and a notice of contact preference. The forms to apply for the Adoption Disclosure Registry and also for Post Adoption Birth Information are available through Service Ontario.

Undergoing review every five years, Ontario’s new adoption laws will allow adoptees and birth parents to have access to identifying information which will aid them in their search for each other.

The copyright of the article Adoption Disclosure Laws in Ontario in Adoption Laws & Rights is owned by Angela Krueger. Permission to republish Adoption Disclosure Laws in Ontario in print or online must be granted by the author in writing.