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Obtaining Adoption Information

 The Adoption and Children Act 2002 introduces new provisions regarding the information that must be kept by:

a) Adoption agencies in relation to a person's adoption.

b) Information that adoption agencies must disclose to adopted adults on request. ('Protected information')

c) Information that courts must release to adopted adults on request.

d) Information that adoption agencies may release to adopted adults, birth parents and others.

However, these provisions will only apply to adoptions that take place after the Act was implemented.

An adopted adult can apply to the appropriate adoption agency for 'protected information' about a person involved in an adoption, such as the adopted person, his birth parents or the adoption social worker.

'Protected information' is defined as any identifying information sought by someone other than the person it is about. It would include names, residential, educational and employment addresses, case records, legal and medical information as well as photographs and audio-visual material. It also includes any information held by an adoption agency which, was obtained by the Register General or any other information that would enable an adopted person to obtain a certified copy of his birth record or any information about an entry in the Adoption Contact Register about the adopted person.

Adoption agencies have a discretion to disclose information, which is not 'protected information', to an adult adopter or other persons including the birth parents - e.g. background information about the child's progress.

An adoption agency, which discloses information in contravention of the Act commits a criminal offence and will be liable on conviction to a fine.

The Act also enables the High Court to order, in exceptional circumstances, that an adoption agency withhold information which might otherwise enable the adopted adult to obtain a certified copy of his/her birth record.

The adoption agency is to become the single point of access to identifying information as it is believed that they are the bodies best placed to provide the support and counselling needed.

For adoptions that took place before the Act came into force, provisions are made to allow the Secretary of State to introduce measures which would allow adoption support agencies to provide intermediary services to assist adopted adults to obtain information about their adoption and facilitate contact between them and their birth relatives.

Adoption Register

The Adopted Children Register is to be a register of adoptions taking place in England & Wales and will be kept in the General Register Office, but the Register itself is not open to public inspection or search. However, the index of the Register is available for inspection and anyone can apply on payment of a fee for a certified copy of an entry in the register relating to a child who has reached 18.

An adopted person can apply to obtain a copy of their birth certificate but the Local Authority must make the application.

The Adopted Contact Register is also a register to be kept at the General register office and again the register itself is not available for public inspection and search but it is possible to apply for certified copies of entries in the register.

The register will contain information about adopted persons who have given notice expressing a wish to make contact with their relatives and who have reached 18.