Ontario is moving towards a new adoption disclosure system under the Adoption Information Disclosure Act, 2005 which will significantly change adoption disclosure practices in the province. The Adoption Information Disclosure Act, 2005 was passed by the Ontario legislature on November 1, 2005 and is expected to come into full effect on September 17, 2007. When fully implemented, the legislation will allow:
- an adopted person who is 18 years or older and born in Ontario, with certain exceptions, to obtain a copy of his or her original birth registration and registered adoption order. These documents will include an adopted person's birth name and may also provide identifying information about his or her birth parents.
- a birth parent, with certain exceptions, to obtain the information from the original birth registration, substituted birth registration, and registered adoption order of their child who was placed for adoption if the adopted person is at least 19 years old. These documents will provide identifying information about the adopted person including his or her name after adoption. Information about the adoptive parents would not be disclosed.
The following sections of the new adoption disclosure legislation are currently in effect.
- An adult adopted person or birth parent may register a "Notice of Contact Preference" with the Office of the Registrar General specifying his or her preferences concerning the manner in which he or she may be contacted by the birth parent or adopted person who has applied for their information.
- An adult adopted person or birth parent who does not wish to be contacted may register a "No Contact Notice" on his or her record. The person who registers the no contact notice would be asked to voluntarily provide family and medical history and a brief statement about his or her reasons for registering a no contact notice. If a registered "No Contact Notice" is in effect when an adopted person or birth parent applies for disclosure of identifying information, the information will not be provided unless the applicant agrees in writing not to contact or attempt to contact the other party, either directly or indirectly. Contravention of the notice is an offence subject to a fine of up to $50,000 for an individual.
- An adult adopted person or birth parent may apply to the Child and Family Services Review Board for an order to prohibit the disclosure of identifying information when there are concerns for personal safety if disclosure was made.
For application forms and more information about Notices of Contact Preference, "No Contact Notices", and Waivers of Protection, you can go to the website of the Office of the Registrar General. The Office of the Registrar General may be contacted at their toll-free number 1-800-461-2156.
More information on the new legislation and changes to the adoption information disclosure system is available on the website of the Ministry of Community & Social Services. The Ministry may be contacted by telephone at their toll-free number 1-888-789-4199.
Non-identifying information, a social history omitting any identifying information, will continue to be available from the office of Family & Children's Services or the Children's Aid Society that was involved in the adoption placement and from the Ministry of Community & Social Services for private adoptions.
If you would like to speak with a social worker about any of the above or to request adoption disclosure services, please call us at 519.824.2410 or toll-free at 1-800-265-8300. You can also request our assistance by completing an application form as an adult adopted person or a birth relative.
