107Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1)

#### 107 Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1) 107 Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1) > > (1) The Secretary is to comply with the guidelines set out in this clause in connection with the supply of adoption information— > > > > > (a) in accordance with a request made under section 136A of the Act, or > > > > > (b) under section 140 (1) of the Act. > > > (2) The Secretary is to seek the consent of the birth parent of an adopted person who is less than 18 years old to the supply of such a birth certificate or prescribed information that could be used to identify the birth parent. > > > (3) The Secretary is to supply a birth parent with an amended birth certificate or prescribed information relating to an adopted person who is less than 18 years old only if— > > > > > (a) 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, or > > > > > (b) the adoptive parents support the supply of the birth certificate or prescribed information, or > > > > > (c) the adoptive parents have died, > > > > and, in the opinion of the Secretary (supported by expert opinion) it is unlikely that any detriment to the welfare and best interests of the adopted person or his or her adoptive family will result from the supply of the certificate or information. > > > (4) The Secretary may supply, or authorise an information source to supply, any prescribed information to a person who is not entitled to receive it because of a failure to obtain a birth certificate only if— > > > > > (a) there is no contact veto in force against contact by the person with the person to whom the information relates, and > > > > > (b) in the opinion of the Secretary, the information could not be used to identify the person to whom it relates, > > > > and, in the opinion of the Secretary (supported by expert opinion) it is unlikely that any detriment to the welfare and best interests of the person to whom the information relates, or his or her family, will result from the supply of the information.