167Persons eligible to have their names entered in the register

#### 167 Persons eligible to have their names entered in the register 167 Persons eligible to have their names entered in the register (cf AI Act s 32) > > (1) The following persons are eligible to have their names entered in the register— > > > > > (a) an adopted person, > > > > > (b) a birth parent, > > > > > (c) an adoptive parent, > > > > > (d) any other person having an interest in an adopted person or birth parent (including a relative) who, in the opinion of the Secretary, ought to have his or her name entered in the register. > > > (2) A person who is less than 18 years of age is not eligible to have his or her name entered in the register, except as provided by this section. > > > (3) An adopted person who is less than 18 years of age is eligible to have his or her name entered in the register if— > > > > > (a) the adopted person is 12 or more years of age and the person’s adoptive parents have consented in writing to his or her name being entered in the register, or > > > > > (b) the adopted person is 16 or more years of age and is living separately and apart from his or her adoptive parents, or > > > > > (c) the adopted person is 12 or more years of age and, in the opinion of the Secretary, special circumstances exist which make it desirable that his or her name should be entered in the register. > > > (4) However, the Secretary is not to enter in the register the name of an adopted person who is less than 18 years of age unless the Secretary is of the opinion that to do so will promote the welfare and best interests of the adopted person. > > > (5) The consent of an adoptive parent is not required under subsection (3) (a) for the entry in the register of the name of an adopted person who is less than 18 years of age if the adoptive parent— > > > > > (a) is dead, or > > > > > (b) cannot, after due search and inquiry, be found, or > > > > > (c) is, in the opinion of the Secretary, incapable of giving consent. > > > (6) The name of a person may not be entered in the register by another person on his or her behalf.