Access to information about an adoption
Information sheet for adopted persons, natural parents and other family
Contents
Background ................................................................................................................................................................. 1
Victorian parliamentary apology for past adoption practices ........................................................................................ 1
Amendments to the Adoption Act 1984 following the parliamentary apology .............................................................. 2
Access to information ................................................................................................................................................ 2
Identifying information ................................................................................................................................................... 2
Applying for information ................................................................................................................................................ 3
Release of information .................................................................................................................................................. 3
The Adoption Information Register .......................................................................................................................... 3
Who can record information on the Adoption Information Register?............................................................................ 3
What type of information can be recorded on the Adoption Information Register? ...................................................... 4
How to record information on the Adoption Information Register ................................................................................. 4
Support ........................................................................................................................................................................ 4
Relevant authorities ................................................................................................................................................... 4
Background
Victorian parliamentary apology for past adoption practices
On 25 October 2012, the Victorian Parliament formally apologised to ‘the mothers, fathers, sons and daughters
who were profoundly harmed by past adoption practices in Victoria’ and acknowledged that ‘many thousands of
Victorian babies were taken from their mothers, without informed consent, and that this loss caused immense grief.’
The apology recognised that the practice of forced adoptions occurred from early last century into the early 1980s,
and was particularly institutionalised between 1950 and 1975.
The parliamentary apology followed a report on forced adoption by the Senate Community Affairs Reference
Committee: Commonwealth Contribution to Former Forced Adoption Policies and Practices February 2012 (the
Commonwealth inquiry). The Commonwealth inquiry recognised:
• that policies and practices resulting in forced adoptions were widespread throughout Australia in the post-war
period and that parents, particularly mothers, were forced to relinquish their children or faced circumstances in
which they were left with no other choice
•
‘the painful, sometimes disastrous effects of forced adoption hurt the mothers, but also rippled outward through
families’.
It is acknowledged that some adopted people continue to experience issues including self-esteem, belonging and
identity, whilst mothers, fathers and other family members also continue to experience issues associated with the
complex consequences of forced adoption.
You can read more about past adoption practices and the text and other information about the Victorian
parliamentary apology on the Department of Health & Human Services website.
Amendments to the Adoption Act 1984 following the parliamentary apology
Following the apology, the Adoption Act 1984 was amended. In particular, information provisions were amended to
ensure that natural parents are able to access identifying information about their adult adopted child.
Access to information
Identifying information
The Adoption Act governs the release of adoption information. Under the Act, information that may be released to
adult adopted people, and natural parents, includes information that may identify or disclose the whereabouts of
another party to an adoption.
Adopted persons
Adult adopted persons may apply for information about their adoption, including identifying information about
natural parents that is included in the records.
Adopted persons under eighteen can apply for identifying or non-identifying information about their natural family,
with the permission of their adoptive parents. The agreement of the adopted person’s natural parents is needed
before identifying information about the natural parents can be given.
Natural parents
Natural parents may apply for information about their child’s adoption, including identifying information about their
adult (18 years or over) adopted child. This will usually include a copy of information from the time of the adoption
including the adopted person’s name recorded at the time of adoption, and the adoptive parents’ name and
address at the time of adoption. Consent of an adult adopted child or their adoptive parents is not required for the
information to be released to the natural parent.
Access to information by a natural father not listed on the birth certificate
The Registrar of Births, Deaths and Marriages can only provide information regarding the natural parents
registered on the pre-adoptive birth record. If the natural father:
• is not named on the birth record but is named in the court records relevant to the adoption order, the Registrar
can release the information
• is neither listed on the birth record nor the court documents, the Registrar cannot release the information.
A natural father can apply to the Registrar to be named on the pre-adoptive birth record by providing a statutory
declaration naming him as the natural father. The statutory declaration must be signed by the natural mother or, if
there is no contact with the natural mother, a statutory declaration must also be provided by a close relative of the
natural mother (mother, father, or sibling) naming him as the natural father.
If you are a natural father and you would like to obtain information about your child’s adoption, please contact one
of the relevant authorities listed at the end of this document who will be able to discuss options available to you.
Adult child of an adopted person
An adult child of an adopted person may also apply for identifying information in relation to their parent’s adoption.
Where an application of this nature is made, the relevant authority must write to the adopted person to notify the
adopted person that the information will be released. If the adopted person objects to the release of information,
non-identifying information only will be provided.
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Access to non-identifying information by other family members
Other family members affected by an adoption may apply to a relevant authority for ‘non-identifying information’ in
relation to an adoption. Non-identifying information will usually include de-identified information in relation to the
adoption.
People who may apply for non-identifying information are:
• natural relatives of an adopted person, including a grandparent, brother, sister, uncle or aunt of the adopted
person
• adoptive parents.
Applying for information
Eligible applicants may apply for information by:
• filling in an application form
• posting or hand-delivering a signed copy of the form to a ‘relevant authority’.
Contact details for relevant authorities are listed at the end of this document. Please call FIND on 1300 769 926 if
you require assistance in completing an application or are unsure of which authority to call.
Release of information
When a relevant authority has received and assessed an application, a search will occur for records created at the
time of the adoption. The relevant authority will also check whether preferences in relation to contact have been
recorded (for more information on recording preferences see ‘The Adoption Information Register’ below).
Interview session
All applicants are required to attend an interview session with an approved counsellor before receiving information.
The session is not an assessment; it is a discussion and information session explaining the services available to
them through the relevant authority. At the session, the counsellor will:
• discuss the records located from the time of the adoption
• prepare applicants for possible outcomes of search and outreach to family members
• provide the applicant with information about support and self-help groups in the community
• inform the applicant of any recorded preferences in relation to contact.
The Adoption Information Register
The Department of Health & Human Services and each approved adoption agency keep an ‘Adoption Information
Register’. The Adoption Information Register records people’s preferences in relation to the release of information
to, and contact with, other people affected by an adoption.
All information on the Adoption Information Register is confidential and it is only released in accordance with the
Adoption Act.
It is important to note that recording preferences on the Adoption Information Register will not prevent the release
of information to a person who is entitled to receive that information under the Adoption Act.
Who can record information on the Adoption Information Register?
The following people may ask that information about them, including any contact preferences, be recorded on the
Adoption Information Register:
• adopted persons
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• relatives of adopted persons, including natural children of adopted persons
• natural parents of adopted persons
• adoptive parents of adopted persons
• other people who are not eligible for information under the Adoption Act but who would like to provide
information in case of future registration by an adopted person.
What type of information can be recorded on the Adoption Information
Register?
People wanting to record their preferences on the Adoption Information Register may wish to consider recording:
• personal information, such as health or education details
• their updated contact details and the people to whom those details may be released
• the type of contact they prefer to have with other parties to an adoption (for example, meeting to be organised
through an intermediary service, a letter forwarded by an intermediary service, an email, a telephone call or a
request for no contact)
• the circumstances surrounding the adoption.
How to record information on the Adoption Information Register
A person eligible to receive information under the Adoption Act can write to the relevant authority to express their
preference in relation to contact. The relevant authority may ask the applicant to complete an application form and
provide documentation to confirm their identity.
Contact details for relevant authorities appear at the end of this information sheet (see ‘Relevant Authorities’).
Support
People affected by adoption may experience a range of feelings.
Handling these feelings on your own can be difficult. Counsellors at FIND and other adoption information services
are experienced in adoption issues and are available to support you.
There are a number of organisations that provide specialised support to people affected by adoption. Further
information about support groups can be found on the FIND website: www.dhs.vic.gov.au/find.
Relevant authorities
Relevant authorities as defined by section 83 of the Adoption Act
Family Information Network and Discovery (FIND)
Level 20, 570 Bourke Street, Melbourne 3000
Phone: 1300 769 926 (local call cost)
1800 130 225 (national free call)
Website: www.dhs.vic.gov.au/find
Anglicare
41 Somerville Road, Yarraville, VIC 3013
Phone: (03) 9396 7400
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Catholic Care
3 Wingfield Street, Footscray VIC 3011
Phone: (03) 9689 3888
Connections
274 High Street, Windsor VIC 3181
Postal Address: PO Box 343 Prahran, VIC 3181
Phone: (03) 9521 5666
To receive this publication in an accessible format phone (03) 8608 5700, using the National
Relay Service 13 36 77 if required, or email findduty@dhhs.vic.gov.au
Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health and Human Services August 2015.
Available at: http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/reportspublications/access-to-information-about-an-adoption-information-sheet
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