In a move towards eliminating the stigma historically surrounding adoptions, the Ontario Government has passed the Adoption Information Disclosure Act, 2005, which became law on January 1, 2007. The Act balances the public interest of disclosing adoption records with the privacy interests of individuals, especially where disclosure of identifying information or contact between birth parents and adopted persons may be inappropriate.

Although the default position will generally favour disclosure of adoption records, “disclosure vetoes” and “no contact notices” are available to those who wish to protect their privacy. Since the adoption database opens on June 1, 2009, anyone wishing to avoid disclosure or contact should file a veto or notice with the Registrar General by May 31, 2009.

An adopted person who is at least 18 years of age and whose adoption was finalized before September 1, 2008 (“Adult Adoptee”) may file a “disclosure veto” to prevent the release of post-adoption birth information, such as adoptive names. As a result, birth parents will be unable to access identifying information. One may include brief reasons for denying such disclosure in the veto. It will still be possible however, to disclose medical records to birth parents in some circumstances without disclosing identifying information.

An Adult Adoptee who does not object to the release of identifying information, but does not wish to meet or communicate with his or her birth parents, may file a “no contact notice”. A separate no contact notice must be filed for each birth parent. Birth parents are thereby given access to identifying information only where they undertake not to contact the Adult Adoptee either directly or indirectly. Failure to honour the undertaking is an offence under the Act punishable by fines of up to $50,000 for an individual or $250,000 for a corporation.

“Contact preference notices” are also available. This allows Adult Adoptees to state the manner in which they would like to be contacted by their birth parents. Only the contact information provided on the notice will be released to birth parents. One should be warned, however, that a contact preference notice is not binding. There is no penalty for ignoring a contact preference notice. Therefore, one must consider carefully the information to include.

With respect to vetoes and contact notices, birth parents generally have the same rights as adopted persons if the adoption was finalized before September 1, 2008, with necessary modifications.

The new legislation is commendable for its sensitivity to the privacy issues of adopted persons, while at the same time encouraging more open and transparent adoptions in Ontario.

Mills & Mills LLP would be happy to assist anyone seeking to protect their privacy under the new legislation.