December
2,
1999
(Health and Community Services)
Government to introduce
new adoptions legislation
Joan Marie Aylward, Minister
of Health and Community Services, today announced that notice will be
given to the House of Assembly today of government's intention to table
a Bill entitled an Adoption Act. This Act is intended to replace the
Adoption of Children Act, signifying a shift in how adoption services
are provided in our province. "Our present adoption legislation is
50 years old and people in this province have been asking for changes in
our policies and law," said the minister. "The new Act takes a
more modern and open approach to adoption services, as proposed by
people throughout the process during a public consultation
process."
The present Adoption of
Children Act only allows for closed adoptions and all adoptions must go
through the Provincial Director of Child Welfare. The new Adoption Act
will support new directions including openness agreements and provide
for persons involved in adoption to choose service providers, while at
the same time respecting past promises of confidentiality for adoptions
occurring prior to the passage of the new Act. It is also consistent
with the principles of the new Child, Youth and Family Services Act by
focusing on the best interests of children, and giving birth parents and
children greater input into their adoption process.
"As with all our
children's programs, the child will remain the focus in our new
adoptions legislation," said the minister.
Some of the highlights of
the new Adoption Act include: ensuring children under age 12 also have
input into their adoption; enabling children to have the ability to
maintain contact with their birth family following adoption finalization
through openness agreements; and direct placement of infants with
prospective adoptive parents chosen by the birth parents and approved by
the Director of Adoptions.
Media contact:
Director of Communications, (709) 729-1377.
BACKGROUNDER
--------------------
HIGHLIGHTS OF OUR NEW
ADOPTION ACT
INTRODUCTION
The proposed Adoption Act has been
developed to replace the existing Adoption of Children Act. The Act
represents a significant shift in how adoption services will be provided
in our province. The Act is consistent with the new Child, Youth and
Family Services Act which has clearly articulated principles and
emphasizes prevention and early intervention services and the
involvement of children, youth, families, and communities in decisions
that effect them. The Act was drafted following release of The Green
Paper on Adoption Policy and Law in Newfoundland and Labrador, and the
extensive consultations which followed.
HIGHLIGHTS OF THE NEW ACT
INCLUDE:
-
Children
under age 12 years will have input into their adoption;
-
Children
will have the ability to maintain contact with their birth family
following adoption finalization (openness agreements);
-
Direct
placement of infants with prospective adoptive parents chosen by the
birth parents and approved by the Director will be available;
-
One
or two adults jointly may apply to adopt a child;
-
There
will be an easier process for relative/step parent adoptions (self
help kits);
-
Authority
will be delegated to Directors of Adoption employed by Regional
Health & Community Services and Integrated Health Boards;
-
Adoption
agencies may be licensed to process adoption applications and
provide pre and post placement support to children, birth families
and adoptive parents;
-
An
open records system will be established for future adoptions;
-
People
can use a disclosure veto and/or no contact declaration to protect
the privacy of parties to adoptions which were finalized prior to
the proclamation of this Act;
-
Minor
adoptees, adoptive parents, and birth parents where approved by the
Provincial Director and/or Court will have the ability to access
their medical records;
-
Ratification
of the Hague Convention on Inter Country Adoption.
DELIVERY OF SERVICE
Regional Health and Community
Services and Integrated Health Boards will have the responsibility in
each region of the province to administer this Act and provide services
to children, youth, and their families. Each Board shall appoint a
Director of Adoptions. The Director of Adoptions may also license
adoption agencies to process applications and provide pre and post
placement support to children, birth parents, and adoptive parents.
Approval of applications will be by the Director of Adoptions in the
regions. The provincial director will have responsibility for
maintaining a provincial register of children available for adoption,
and a register of approved adoptive applicants. The provincial director
will also maintain responsibility for selections and placement of
children, and for vaulting finalized adoption records.
Delivery of services through
community boards will provide opportunities for establishing
partnerships with community groups within the regions they serve and
allow services to be provided closer to the communities in which they
live.
Licensed adoption agencies
may also provide an opportunity for children, birth parents, and
adoptive parents to receive services at arms length from government.
IMPLEMENTATION
It is anticipated that the Adoption
Act will be proclaimed during Fall 2000 with the exception of provisions
related to open records for past adoptions. These provisions will be
delayed to allow birth parents, and adoptive parents time to register
Disclosure Vetoes and/or no contact declarations to maintain
confidentiality of records. Prior to the Act being proclaimed extensive
training will occur with Health and Community Services staff and
information will be provided for the public and other interested
parties.
_______________________
QUESTIONS
AND ANSWERS ABOUT OUR NEW ADOPTION ACT
WHY DO WE HAVE A NEW
ADOPTION ACT?
Our present adoption legislation
(Adoption of Children Act) is 50 years old and people in the province
have been asking for changes in adoption policies and law. To begin the
process government appointed an Adoption Advisory Committee comprised of
members who are involved in adoptions or have a particular interest in
adoption. The Advisory Committee identified and discussed adoption
issues to be considered for a modern adoption system. From these
discussions the Green Paper on Adoption Policies and Law was developed
and released to the public in February 1998. Since then public
consultations have been held across the province and written and verbal
submissions regarding issues were received. The new Adoption Act
reflects the changes recommended by the public through this consultation
process.
DOES THIS BILL REPLACE THE
ADOPTION OF CHILDREN ACT?
Yes. The present Adoption of Children
Act is 50 years old. It only allows for closed adoptions and all
adoptions must go through the Provincial Director of Child Welfare. The
present legislation has not kept pace with the changing needs of
children and society. There has been internal and public support for new
legislation. The proposed new Adoption Act will support new directions
including openness agreements and provide for persons involved in
adoption to choose service providers.
IS THE NEW ADOPTION ACT
CONSISTENT WITH THE NEW CHILD, YOUTH AND FAMILY SERVICES ACT?
Yes. The new Adoption Act is
consistent with the Child, Youth and Family Services Act which has
clearly articulated principles and emphasizes prevention and early
intervention services and the involvement of child, youth, families and
communities in decisions that affect them. The child will be the center
of every adoption.
WHO CAN APPLY TO ADOPT A
CHILD?
The new Adoption Act allows for one
adult alone or two jointly to apply to adopt a child. In addition, one
adult may apply to the court to jointly become a parent of a child with
the birth parent of a child. These changes close the gap from the
existing Act which only allowed a single person or a married couple to
adopt.
WILL BIRTH PARENTS BE ABLE
TO CHOOSE PERSPECTIVE ADOPTIVE PARENTS FOR THEIR CHILD?
Yes. The Adoption Act will allow
birth parents to select the prospective adoptive parents for their
child. This can be done either through specific parents being named by
the birth parents or through choosing from the non-identifying profiles
of approved adoptive applicants.
WILL THE NEW ADOPTION ACT
ALLOW CONTACT TO BE MAINTAINED BETWEEN A CHILD PLACED FOR ADOPTION AND
BIRTH FAMILY FOLLOWING THE FINALIZATION OF AN ADOPTION?
Yes. The Act allows for openness
agreements, meaning that birth parents and adoptive parents may agree to
an ongoing exchange of information or contact. Openness can vary from
sharing letters or pictures through a third party, after the adoption is
finalized, to birth parents having personal contact with the adoptive
family throughout the child's life. The adoptive parents may also enter
into an agreement with another birth relative, foster parent, or
significant other who has a relationship with the child. All such
agreements are made voluntarily and when it's in the best interest of a
child to do so.
WILL CHILDREN BE INVOLVED IN
THE DECISION TO BE ADOPTED?
Yes. All children 12 years of age or
older must give consent to his/her adoption. Children under age 12 years
will have knowledge of the adoption process and their views must be
considered in the adoption process.
WILL RELATIVES AND STEP
PARENTS HAVE TO GO THROUGH THE DIRECTOR OF CHILD, YOUTH AND FAMILY
SERVICES TO ADOPT A CHILD OF A BIRTH RELATIVE OR BIRTH PARENT?
No. The new Act will allow
relatives/step parents to complete an adoption without having to go
through the Director of Child, Youth & Family Services. SELF HELP
KITS will be available for this purpose. Relatives and step parents may
also seek community resources and/or licensed adoption agencies to help
them through this process.
WILL ADOPTION SUBSIDIES BE
AVAILABLE TO PROSPECTIVE ADOPTIVE PARENTS?
Yes. The adoption subsidy program
will remain to ensure services and financial support is available to
children with special needs and/or families who require these services
to be successful with their adoption.
WILL NON-RELATIVE ADOPTIONS HAVE TO GO THROUGH THE
PROVINCIAL DIRECTOR?
Yes. The provincial director will maintain responsibility for placement
of children, and for issuing the Director's Certificate to finalize the
adoption, once the probationary period has been completed. The
provincial director will also vault all records when the Court has
finalized the adoptions.
WILL THERE BE ANY DELEGATION
OF THE PROVINCIAL DIRECTOR'S AUTHORITIES UNDER THE NEW ACT?
Yes. Directors of Adoption will be
designated by Health and Community Services and Integrated Health Boards
in each region of the province. These directors will have responsibility
for adoptions in their respective region. They will approve all adoption
applications, even those completed by licensed adoption agencies. The
Directors of Adoption will also license and monitor adoption agencies
and services.
WHAT ROLE WILL LICENSED
ADOPTION AGENCIES HAVE IN RELATION TO ADOPTIONS?
Licensed adoption agencies will be
able to:
-
provide
counselling to birth parents who may plan adoption for the child;
-
process
applications for prospective adoptive parents who wish to adopt
provincially, inter-provincially, or internationally;
-
provide
post-placement support to adoptive parents including preparation of
probationary progress reports required prior to the finalization of
adoption;
-
provide
progress reports on a child following finalization of the adoption,
particularly as these relate to international adoptions;
-
provide
counselling to children, birth parents, and/or adoptive parents
throughout the life process of adoption;
-
assist
with the completion of openness agreements, and assist parties with
any issues which may arise.
WILL ALL ADOPTIVE APPLICANTS
HAVE TO ADOPT THROUGH A LICENSED ADOPTION AGENCY?
No. Health and Community Services and
Integrated Health Boards will continue to provide services to children,
birth parents, and prospective adoptive parents in every region of the
province.
WILL THE ACT PROVIDE AN OPEN
RECORDS SYSTEM?
Yes. The new Act mandates open
records for all new adoptions completed under it once proclaimed.
WHAT DOES OPEN RECORDS MEAN?
When the new Act takes effect, an
adopted person 19 years of age or older may apply to the Vital
Statistics Division of the Department of Government, Services and Lands
to obtain a copy of their birth registration and adoption order. These
documents will include the name of their birth parents at the time of
birth.
Birth parents of adopted
people who are 19 years of age or older may apply to the Vital
Statistics Division for a copy of the adopted person's birth
registration and adoption order to learn the person's adoptive name.
WHAT PROTECTION OF RECORDS
EXIST FOR ADOPTIONS COMPLETED UNDER THE EXISTING ADOPTION OF CHILDREN
ACT?
Persons who wish to maintain their
privacy under the new Act have the option of filing a disclosure veto
and/or a no contact declaration. This will respect past promises of
confidentiality. An extensive notification campaign will be initiated
before this section is proclaimed to enable persons wishing to file
disclosure vetoes and/or no contact declarations time to do so.
WHAT IS A DISCLOSURE VETO?
The option of filing a disclosure
veto is available to birth parents and adopted people involved in
adoptions that are completed before the new Act takes effect. A
disclosure veto may be filed with the Vital Statistics Division of the
Department of Government Services and Lands by adopted people when they
reach 18 years of age or by birth parents when the adopted people have
reached 18 years of age. Records will not be shared when these
vetoes/declarations have been filed. The ability for adoptive persons
and birth parents to file these documents one year prior to the adopted
person turning age 19 years ensures records would not be released.
WHAT IS A NO CONTACT
DECLARATION?
A no contact declaration filed with
Vital Statistics Division of the Department of Government Services and
Lands will prohibit any contact with the person who has filed the no
contact declaration.
The person seeking access to
birth registration and adoption order records through Vital Statistics
will be required to sign a statutory declaration promising that they
will not contact the other person as long as the no contact declaration
is in effect. Under the new Act anyone who violates a no contact
declaration will face a maximum penalty, on conviction, of six months in
jail and/or a fine of up to $10,000.
WHO MAY FILE A NO CONTACT
DECLARATION?
The option of filing a no contact
declaration is available to birth parents and adopted people for any
adoptions completed under the previous legislation. A no contact
declaration may be filed with the Vital Statistics Division by adopted
people 18 years of age or older or by birth parents of adopted people.
The ability to file the no contact declaration one year prior to the
adopted person turning 19 years old ensures the records will not be
released when the adopted person is 19 years old.
WILL PERSONS FILING A
DISCLOSURE VETO AND/OR NO CONTACT DECLARATION BE ABLE TO INFORM THE
OTHER PERSON OF INFORMATION OR THE REASON FOR FILING THE DISCLOSURE VETO
AND/OR NO CONTACT DECLARATION?
Yes. In recognition of the importance
that information on the other person has for an adopted person or birth
parent, the person filing the disclosure veto or no contact declaration
has the option of filing a written statement with the Vital Statistics
Division. This written statement may include social, medical, and health
information, and possibly, information on why contact or disclosure of
identifying information is not desired at this time. Where a written
statement has been filed by an adopted person or a birth parent who has
filed a disclosure veto or no contact declaration, the Vital Statistics
Division will forward this statement to the other party on their
application for birth registration and adoption order information.
HOW LONG DOES A DISCLOSURE
VETO AND /OR NO CONTACT DECLARATION STAY IN EFFECT?
A no contact declaration and
disclosure veto remains in effect until it is lifted or until two years
after the death of the person who filed it. A disclosure veto or no
contact declaration may be cancelled at any time by the person who filed
it by contacting or writing the Vital Statistics Division. The
cancellation must be done in writing.
WHAT ABOUT VETOES FILED WITH
THE POST ADOPTION SERVICES PROGRAM?
Vetoes filed with Post Adoption
Services Program will be automatically transferred from the Post
Adoption Services Program to the Vital Statistics Division.
ARE THERE LIMITATIONS
RELATED TO FILING A DISCLOSURE VETO AND/OR NO CONTACT DECLARATION?
Yes. The filing of a disclosure veto
and/or no contact declaration applies only to records held by the
Newfoundland and Labrador Vital Statistics Division. It is not a
guarantee to privacy or confidentiality. The other person may choose to
locate or identify the other person through other means.
HOW WILL GOVERNMENT ENSURE
THAT PERSONS INVOLVED IN ADOPTIONS UNDER THE EXISTING LEGISLATION ARE
INFORMED OF THEIR ABILITY TO FILE DISCLOSURE VETOES AND/OR NO CONTACT
DECLARATIONS?
The proclamation dealing with the
open records system will be delayed for six months to allow for public
information to be shared and parties of past adoptions to file
disclosure vetoes and/or no contact declarations. Information about the
new Adoptions Act will be brought to the public's attention in a variety
of ways including: the media, distribution of literature, direct contact
with persons currently registered with the Post Adoptions Services
Program, and so on.
WILL THE NEW ACT RATIFY THE
1993 HAGUE CONVENTION ON PROTECTION OF CHILDREN AND COOPERATION IN
RESPECT OF INTER-COUNTRY ADOPTION?
Yes. The new Adoption Act will ratify
the Hague Convention which aims to ensure that international adoptions
are conducted in the best interests of the child and with respect for
their fundamental rights.
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