Access to adoption records overhauled under proposed legislation

The Manitoba government has tabled legislation opening birth and adoption records prior to 1999.

The amendments to the adoption act and vital statistics act specify that:

1) Adult adoptees and birth parents will have the right to birth registrations and/or a written summary of available adoption information

2) Adoptive parents’ identifying information will not be disclosed to a birth parent

3) Parents and adult adoptees with existing records can file a veto on disclosure of identifying information

4) Once the changes are proclaimed, disclosure vetoes will not be available for new adoptions but contact preferences would be an option and will include the option of no contact

5) There will be no fee to those who have the right to request birth records

The amendments will take effect one year after the legislation is passed, likely coming into place in June 2015.

During this time, birth parents will be able to file disclosure vetoes if they wish to keep their information private.

Where an adoption was granted in Manitoba before the new legislation comes into effect, the adoptee and registered birth parent will continue to be able to file a disclosure veto – any disclosure veto already filed will continue to be in effect.

However, the new legislation creates one exception – where the adoptee's birth parent who filed the disclosure veto is deceased, the disclosure veto will cease one year after the death of the person who filed it.

Other key changes include:

- A person born in Manitoba who was adopted and is now an adult can apply for a copy of his or her pre-adoption birth registration

- A person born outside of Manitoba but adopted here and is now an adult can apply for his or her pre-adoption birth registration information that is available in the director’s records

- An aboriginal person who was born in Manitoba and adopted will be able to request that their pre-adoption birth registration and identifying information about their birth parents be given to a government organization for the purpose of applying for benefits

The search services of the post-adoption registry (PAR) will be expanded and it will become the “central desk,” meaning people will no longer have to access the courts and the vital statistics agency for their birth and adoption records.