101Entitlement of birth parent to information prescribed under section 136

#### 101 Entitlement of birth parent to information prescribed under section 136 101 Entitlement of birth parent to information prescribed under section 136 > Note. > > This clause does not cover all information that a birth parent may be able to receive, or be supplied with, under the Act. See Divisions 4–6 of this Part. > > > (1) Information about adult adopted person A birth parent of an adopted person who is 18 or more years old is entitled to receive— > > > > > (a) any relevant information held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of the adopted person or his or her adoptive parents that will give the birth parent knowledge of the adopted person’s life after adoption, and > > > > > (b) any of the following information held by an information source— > > > > > > > (i) birth details (including the time of birth and weight and length of the person at birth), > > > > > > > (ii) date of placement for adoption, > > > > > > > (iii) date of adoption order, > > > > > > > (iv) copy of the instrument of consent to the adoption and of any associated documents relating to the social and medical history of the adopted person provided by a birth parent, > > > > > > > (v) copy of the request to make arrangements for the adoption, > > > > > > > (vi) copy of adoption order or memorandum of adoption (or both), > > > > > > > (vii) copies of medical reports and examinations of the adopted person made before the date of the adoption order, > > > > > > > (viii) any document certifying particulars of the marriage or death of the adopted person, > > > > > > > (ix) any message relating to the adopted person and adoptive family given to the information source for the birth parent if clause 112 is complied with, > > > > > > > (x) any other document, report, photograph or recording relating to the adopted person. > > > (2) Information about adopted person who is a child A birth parent is entitled to receive the following information about an adopted person who is less than 18 years old held by an information source— > > > > > (a) birth details (including the time of birth and weight and length of the person at birth), > > > > > (b) date of placement for adoption, > > > > > (c) date of adoption order, > > > > > (d) copies of medical reports or examinations of the adopted person made before placement for adoption, > > > > > (e) information relating to the health and welfare of the adopted person after the date of placement for adoption, > > > > > (f) information about the adoptive parents that does not identify the adoptive parents. > > > > Note. > > > > Under section 136 (3) of the Act, information referred to in this subclause may only be supplied to a birth parent if the birth parent produces an authority authorising the supply of the information from the Secretary. However under section 136 (4), a designated person may supply the information without such an authority or an amended birth certificate if the designated person is of the opinion that the information could not be used to identify the adopted person or his or her adoptive parents. > > > (3) Information relating to the health and welfare of an adopted person after placement for adoption is prescribed information for the purposes of subclauses (1) and (2) only if— > > > > > (a) the information source holding the information is the Department or an accredited adoption service provider, or > > > > > (b) the information is information referred to in clause 104 (1). > > > (4) For the purposes of section 136 (5) of the Act, the following kinds of information are prescribed as information that a birth parent may request the Secretary or a principal officer to take action to ascertain from the child’s adoptive parents— > > > > > (a) information relating to the health and welfare of the child, > > > > > (b) information relating to the educational progress of the child, > > > > > (c) information relating to the hobbies, sporting and other interests of the child, > > > > > (d) information relating to the general lifestyle of the child and the child’s adoptive parents. > > > (5) A birth parent is entitled to receive any of the following information if it is held by the Department or an accredited adoption service provider— > > > > > (a) advice of the death of the adopted person, > > > > > (b) advice that the relationship between the adopted person and the adoptive parents has irretrievably broken down and the adopted person is living separately from the adoptive parents. > > > (6) Despite subclause (2), a birth parent is not entitled to receive information consisting of the family name of an adopted person who is less than 18 years old or of his or her adoptive parent unless that information is information that must or may be included in the Register kept under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) that the birth parent is otherwise entitled to receive under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) or an access policy.