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Adoption of Children Act 1994
65Release of information in relation to adoptions under repealed
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65 Release of information in relation to adoptions under repealed
legislation
(1) If an order for adoption was made before the commencement of
this Act:
(a) the adopted person may only apply to the Minister under
section 61 for the information specified in section 62(1) in
respect of one or both of the adopted person's relinquishing
parents, except that, where the adopted person has not
attained the age of 16 years, the adopted person may only
apply for the information if the adopted person's adoptive
parent or (if more than one) adoptive parents has or have
consented in writing to the making of the application for
information; and
(b) an adoptive parent may only apply to the Minister under
section 61 for the information specified in section 62(1) in
respect of one or both of the relinquishing parents, except that
the information provided to the adoptive parent must not
identify the relinquishing parent or the relinquishing parents or
their whereabouts; and
Part 7 Offences
Adoption of Children Act 1994 36
(c) a relinquishing parent may only apply to the Minister under
section 61 for the information specified in section 62(1) in
respect of the person who the relinquishing parent
relinquished for adoption and one or both of the adoptive
parents, except that, if the adopted person has not yet
attained the age of 18 years, that information must not identify
the adopted person or one or both of the adoptive parents or
their whereabouts;
and the Minister must, subject to subsection (3), provide the
information requested in the application.
(2) A relinquishing parent or an adopted person mentioned in
subsection (1) may lodge with the Minister a notice of prohibition in
the prescribed form that disallows the provision of information that
would identify the relinquishing parent or adopted person.
(3) If a person has lodged a notice of prohibition with the Minister under
subsection (2), the Minister must not provide information as
specified in the notice of prohibition.
(4) A notice of prohibition under subsection (2) remains in force for the
period, not exceeding 3 years, specified in the prohibition, but may,
on application in writing, be reinstated for further periods each of
which must not exceed 3 years.