On September 19, 2007 Justice Belobaba ruled that it was unconstitutional for the government to release adoption information without providing the other party with the means to prevent disclosure. We are now waiting to hear whether the government will appeal his decision. In the meantime, the government of Ontario has had to put the new law on hold. We will know by November 15th whether the government plans to appeal or will create a new bill that would include an entirely new proposal for a new law. This new law, if it comes to pass, would include a disclosure veto. The paragraphs below show the government's original plan. This is now on hold. |
Historical Background of Adoption
In November 2005 the Ontario government passed Bill 183. This bill makes sweeping changes to adoption disclosure legislation in Ontario. The changes will come into effect in September 2007. The new law is called Adoption Information Disclosure Act (AIDA.)
Starting in September, 2007:
- adopted adults can obtain their original birth certificate
- natural parents* of an adult adoptee can obtain the original and amended birth certificates
- adult adoptees and natural parents can file a contact preference, contact veto, or apply to have their personal information withheld.
These changes are good news because they will allow adopted adults to learn the names of their natural parents at the time of the adoption. The changes will also allow natural parents to learn the name that the adoptee received after adoption. Knowing the other person’s name will make searching much easier.
(* Individuals who surrender children for adoption are known by many names. These include natural parents, original parents, first parents, birth parents and biological parents. The first three terms are used on this website.)
How can I apply for my original birth certificate? How can I apply for my child’s amended birth certificate?
The application forms are not yet ready. You cannot apply for this information until September 2007. Keep checking the ASK webpage for more information.
When I can apply for the original/amended birth certificate, what information will it contain?
The Original Birth Certificate
The adoptee’s original birth certificate is also known as the long form birth certificate. In most cases the natural mother filled it out after her baby was born. It lists the adoptee’s name at birth, the name of the mother at the time of the adoptee’s birth, and in some cases the name of the father at the time of the child’s birth.
It will not tell you the parents’ current addresses or names. It will only list the names used by the original parents at the time of the adoption.
The Amended Birth Certificate
When a child is adopted, the adoptive parents fill out a new long form birth certificate that identifies them as the child’s parents. This form is known as the amended birth certificate.
It contains the name that the adoptive parents gave to the child at the time of adoption.
It will not tell you the current name of the adoptee if s/he has changed it since the adoption (e.g. after marriage.) The government will black out the names of the adoptive parents before the form is released.
What is a contact preference form?
A contact preference form allows adopted adults and their original parents to indicate how they would prefer to be contacted.
Some adoptees and natural parents prefer to be contacted by letter for the first time. Others prefer a phone call. The contact preference form allows them to make their wishes known.
When a searching adoptee or natural parent receives the original and/or amended birth certificate(s) from the government, s/he will also receive a copy of the contact preference form if the other party has completed it.
You will find more information about the forms and a link to them at http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=111875
What is a contact veto?
Some adoptees and natural parents may not wish to be contacted at the present time. They may file a No Contact Notice, also known as a contact veto.
This veto forbids the recipient from contacting them but it does not block access to their name via the amended or original birth certificates.
When an adoptee or parent applies for the original and/or amended birth certificates, s/he will receive it along with a notice telling him/her that the other party has filed a contact veto. Before s/he receives the birth certificate, s/he will have to sign a document indicating s/he understands that s/he cannot contact the other party. Violation of the veto can result in a $50,000 fine.
Can an adoptee or parent block access to information?
If an adoptee or natural parents fears that releasing his/her information will cause him/her severe emotional, physical, or sexual harm s/he may apply to the Child and Family Services Review Board to have release of his/her information blocked. Based on real experience in other jurisdictions, we anticipate that very very few people will choose to do this.
I want to search. What can I do now?
Non-Identifying Information
Adoptees have a right to non-identifying information about their natural family. Original parents have a right to non-identifying information about their child and the adoptive family.
Write to the Children's Aid Society that handld the adoption and request the non-identifying information. In your letter, ask for all available information. If the adoption was arranged privately (for example, through a doctor or lawyer) or if you do not know which agency handled the adoption, write to the Ministry of Community and Social Services for the non-identifying information. You must write a letter; telephone calls are not accepted to request this information.
In your letter, include the adoptee's birth name (if you know it), birth date and birthplace. You may also want to include the name of the adopting parents. This will help the worker find the file. The non-identifying information will give adoptees information about the first family; it will give the first family information about the adopting family. Identifying information will not be given. Non-identifying information is based on the information collected at the time of the child's birth and adoption. There is rarely anything more recent in the file. Information given about a first family might include such things as the age of the first parents, their interests, their occupation, religion, ethnic background and level of education. Information given about an adoptive family might include their interests, religion, other children in the family and information on file about the health and development of the adopted child.
The waiting list for non-identifying information varies depending on the Children's Aid Society but can run from six months to several years.
Registries
Place your name on the Canadian Adoptees Registry. This is a registry developed and maintained by volunteers within the adoption community. It makes several matches each month. Go to http://www.canadianadopteesregistry.org/ and register yourself.
The government is in the process of shutting down the Adoption Disclosure Registry (ADR) that it ran for many years. They are not accepting any new applications (except when medical information is required urgently.) They are attempting to complete searches for those individuals whose names are already on the registry before they are shut down completely in September 2007.
Private Searchers
There are individuals who will search for adopted adults and/or natural parents for a fee. ASK recommends that you only hire a searcher who specializes in adoption searches. Please contact us for further information on reputable searchers.
Search Manual
Several years ago, the adoption community produced a manual that explains how to do a search in Ontario. If you plan to undertake a search on your own, you may want to consider purchasing it. Please contact ASK for more information about the manual.
I am an adoptee. What else can I do?
Waiver of Protection
When your original parent applies for your amended birth certificate, the government will ask the Children’s Aid Society that handled your adoption to determine whether you were removed from your parents because they abused you. If they did, they will not be able to receive information about you without your permission.
It will take time for the CAS to check your file. If you know that your original parents did not abuse you (for example, if you were adopted right from the hospital or went straight to foster care and your parents never cared for you) you may want to consider waiving your right to protection. If you waive your right to protection, the government will not go to the CAS to check your file. Instead they will release your original birth certificate directly to your original parent when s/he applies for it. If you are searching for your original parents or want your original parents to find you, filing a waiver will make it easier and faster for them to find you.
Your will find more information about the waiver and an application form at http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=111877
Only adoptees who were adopted through a CAS need file a waiver. If your adoption was handled privately through a doctor, lawyer, or private adoption agency the government will not go to the CAS to determine whether you were abused. As a result, there is no need for you to fill out a waiver.
I am adopted and I think I might be First Nations. What else can I do?
Apply for your Indian Status to the federal Department of Indian and Northern Affairs before applying for any additional information from the agency that handled your adoption. You should do this even if you don't have proof of being native. Because there is such limited information available under current adoption practices, you are not required to prove your entitlement to status. The Department of Indian and Northern Affairs will contact the agency that handled your adoption, and will then determine your eligibility to status.
If you receive status, your band will be identified which will lead you to the name of the community that your first family comes from. The rest of your search will be similar to other adoptee's searches.
How do I get more or updated information about the new law?
Please contact ASK directly for more information. One of our volunteers would be happy to talk with you.