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Balancing privacy and access

The new law balances people’s right to information about their birth parents or child who was adopted with the right of others to maintain their privacy.

It also enables information to be released to, and about, birth fathers who have acknowledged or can prove paternity. Under the new law, it will not matter whether the birth father consented to an adoption, or had his consent dispensed with.

Who will be affected?

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What are the main changes?

Once the adopted person is 18 years of age, they and birth parents will have the right to obtain information about other people associated with the same adoption.

The privacy of those who do not want to be contacted will be protected.

Adopted people and birth parents will be able to register a contact statement expressing their wishes about contact, including their wish not to be contacted by another person.

When the new law commences, all existing objections to the release of identifying information will automatically become contact statements expressing a desire for no contact.

Where there is an existing contact or objection in place (lodged before the new law commences) identifying information will only be released once the person applying for the information has met certain conditions.

The department will be able to contact parties to an adoption to request up to date medical information, or to pass on up to date medical information, on behalf of a person who is prevented from contacting another party.

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Last updated
4 September 2009

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