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SUMMARY OF ADOPTION LAWS IN CANADA
British Columbia:(OPEN) for all adoptions prior to November 4, 1996. All adoption on or after November 4, 1996 will be open with no non-disclosure veto
- adult adoptee may receive full birthname, and the full name of their birthmother and birthfather*
- birthparents may receive full adopted name*
- vetoes for non-disclosure and a no-contact veto and a fine of $10,000 or jail if violated
- will not release identifying information after death**
- those who may register are adult adoptees, biological mother and father, adoptive parents, and siblings, and descendants, if the adoptee is deceased
- non-identifying information available
- passive registry maintained, and search service provided
- fees for all services
* provided a non-disclosure veto has not been issued
** test case authorized disclosure of deceased birthfather's name
Alberta: (OPEN) for all adoptions effective November 1, 2004
- adult adoptee* may receive full birthname, and full name of birthmother and birthfather
- birthparents may receive full adopted name
- there is a disclosure veto but no penalty
- will release identifying information after death, and any veto no longer in effect
- those who may register are adult adoptee, biological mother and father, sibling, adoptive parent, or descendant, if the adoptee is deceased
- adoptive parent's can veto disclosure of identifying information to the adoptee, even if an adult, if the adoptee does not know they are adopted, or if releasing information is deemed to be detrimental to the adoptee. To read more about this type of veto go here
- non-identifying information may be given, upon application, to an adopted person or the adopted person's 1) biological mother, 2) biological father, 3) sibling, 4) adopting parent, or 5) descendant, if the adopted person is deceased. Any non-identifying information about one or more of those persons may be released.
* adoptees age 16 and older may receive identifying information if they are living independently from their guardian. If the adoptee is aboriginal identifying information is available at any age.
The province's post adoption registry says about 1,500 vetoes have been requested, with about 80,000 adoptions on file.
Saskatchewan: (CLOSED for adoptions prior to April 1, 1997) (OPEN for adoptions under existing Act)
For those adopted under the previous Act the following applies:
- adult adoptee may receive full birthname
- birthparents may not receive adopted name
- there are no vetoes or penalties
- will not release identifying information after death
- those who may register are adult adoptee, birth parent, adoptive parent, siblings
- there are no fees for searching, registering, or for non-identifying information
Manitoba: (CLOSED for adoptions prior to March 15, 1999) (OPEN for adoptions under existing Act)
For those adopted under the previous Act the following applies:
- adult adoptees may receive their given names only*
- birthparents may not receive adopted name
- disclosure veto preventing disclosure of any identifying information**
- no-contact veto with penalties up to $20,000.00 for violation
- those who may register and receive non-identifying information are adult adoptees, and adoptee under the age of majority through the adoptive parent, birth parents, adult birth siblings, adoptive parents if the adoptee is an adult and with the adoptee's consent, or if the adoptee is deceased, and adoptive adult siblings of deceased adoptee*** ****
- there are no fees for searching, registering, or for non-identifying information
* since mid 1986 will not release full birthname to adult adoptees adopted under previous Act, even though it was on the original decree of adoption.
** a disclosure veto remains in effect following the death of the person who filed the veto, unless otherwise specified on the veto
*** descendants of deceased adoptees cannot register for non-identifying information or for a search
**** the non-identifying information may be a photocopy of the original documents with the identifying information removed, or a summarized copy
Ontario: (OPEN for all adoptions effective June 1, 2009)
- adult adoptees may receive their full name at birth and the names of their birthmother and birthfather* **
- birthparents may receive the adopted name* **
- there is a disclosure veto***
- a "preferred manner of contact" notice or a no-contact veto with $50,000 fine for violation may be filed
- non-identifying information will be available to adult adoptees, birth parents, adult birth siblings, siblings of birth parents, adoptive parents, and the adult children of a deceased adoptee****
- identifying information will be released after death
- those who may register on the adoption disclosure registry (passive) are adult adoptees, birth parents, adult birthsiblings, and birth grandparents
* unless there is a disclosure veto registered, or if the birthfather did not sign the Birth Registration, even though named by birthmother, his name will not be disclosed
** if the adoptee is born outside of Ontario, but adopted in Ontario they cannot received their birth registration nor can the birthparent obtain the adoptee's adopted name
*** disclosure vetoes are in place until removed by the initiator, or by death, unless that death occurred outside Ontario and is not registered in Ontario, it may remain forever
**** individuals will receive photocopies of the original forms, rather than a summarized version with identifying information removed.
Quebec: (CLOSED)
- adult adoptee may not receive their birthname
- birthparents may not receive adopted name
- vetoes and penalties ??
- release of identifying information after death ??
- those who may register are adult adoptee, birthparents, adoptive parents, siblings
* search on behalf of siblings when biological mother is deceased
New Brunswick: (CLOSED)
- adult adoptee, 19 yrs of age, may not receive their birthname
- birthparents may not receive adopted name
- there are no vetoes or penalties
- non-identifying information is available to adoptees, adoptive parents and birth relatives
- search services are provided
- will release identifying information after death*
- those who may register on the Post Adoption Disclosure Register are adult adoptees (19 yrs of age), birthparents, and siblings
* only if all other close relatives are also deceased
Nova Scotia: (CLOSED)
- adult adoptee, 19 yrs of age, may not receive their birthname
- birthparents may not receive adopted name
- there are no vetoes or penalties
- non-identifying information is available to adoptees, adoptive parents and birth relatives
- search services are provided
- those who may register on the Post Adoption Disclosure Register are adult adoptees (19 yrs of age), birthparents, and siblings
Prince Edward Island: (CLOSED)
- adult adoptee may not receive their birthname
- birthparents may not receive adopted name
- non-identifying information available
- active search service on behalf of adult adoptees for birthparents and siblings
- there are no vetoes or penalties
- will release identifying information after death
- those who may register are adult adoptee, birthparents, adoptive parents, siblings
Newfoundland and Labrador: (OPEN) (effective April 30, 2003)
- adult adoptee may receive their full birthname, and full name of birthmother and birthfather*
- birthparents may receive full adopted name*
- there is a non-disclosure veto and a no-contact declaration, and penalties
- will release identifying information after death**
- those who may register are adult adoptee, birthparents, grand parents, grandchildren, siblings, and other relatives
* no identifying information will be released if a non-disclosure veto has been filed
** after the death of an adopted person an adult son, daughter, grandchild, or the child's surviving parent may request a search for birth parent, grandparent, adult birth or adopted sibling or relative of the deceased
Northwest Territories: (CLOSED)
- adult adoptee may receive their full birthname
- birthparents may not receive adopted name
- a passive registry and also search services upon request
- there are no vetoes
- those who may register are adult adoptee, birthparents, adoptive parents, grandparents
Yukon: (OPEN) effective early 2009
- adult adoptee (19 yrs old) may receive their original birth registration and the adoption order showing their birthparent's names*
- birth parent of an adoptee 19 yrs. of age or older may receive adoptee's original birth registration with any change of name, the birth registration substituted for the adopted person'a original birth registration, and the adoption order
- may request a search for grandparents and siblings when adoptee is deceased
- an adopted person 18 yrs of age may place a disclosure veto and /or a no-contact veto
- a disclosure veto remains in effect for two years after death
- a disclosure registry and search services are available
- first violation penalty $10,000 and/or up to one year in prison, second violation $20,000 and/or two years in prison
- searches on behalf of adult children and grandchildren of a deceased adopted parent for that parent's birthfamily
* will not be given if disclosure veto in effect, or the conditions of a no-contact declaration has not been agreed upon.
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