Adult Adoption Information Act 1985

1: Short Title and commencement
1: This Act may be cited as the Adult Adoption Information Act 1985.
2: Sections 4 to 6 8 9
3: Subject to subsection (2), this Act shall come into force on 1 March 1986.
2: Interpretation
In this Act, unless the context otherwise requires,— adopted person adopted adoption order Adoption Act 1955 section 21A of the Births and Deaths Registration Act 1951 or section 33 adoptive parent
a: having consented to an adoption by a spouse; or
b: having become the spouse of an adoptive parent after the adoption concerned adult approved organisation section 12(1) approved person section 12(1) birth parent chief executive Department Oranga Tamariki Act 1989 identifying information original birth certificate Births, Deaths, Marriages, and Relationships Registration Act 2021 ISSUED FOR THE PURPOSES OF THE ADULT ADOPTION INFORMATION ACT 1985 Registrar-General Births, Deaths, Marriages, and Relationships Registration Act 2021 social worker employed Section 2 adoption order amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 2 adoption order amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 chief executive inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 Department substituted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 Department amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 Director-General repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 original birth certificate substituted 1 September 1995 section 95 Births, Deaths, and Marriages Registration Act 1995 Section 2 original birth certificate amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 2 original birth certificate amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 Registrar-General amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 2 Registrar-General amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 social worker amended 1 April 1990 section 36(2) Social Welfare (Transitional Provisions) Act 1990 Access to information
3: Birth parent may restrict access to identifying information
1: Either birth parent of a person adopted before 1 March 1986 may at any time request the Registrar-General to have the original entry of the birth of that person endorsed to the effect that that person is not to have access to identifying information relating to the person making the request.
2: The following provisions shall apply to every request under subsection (1)
a: the Registrar-General shall inform the person making that request of the counselling available in the area in which that person lives, from social workers and approved persons and organisations:
b: that person shall indicate to the Registrar-General whether or not that person desires counselling:
c: if that person indicates that that person desires counselling, the Registrar-General shall take no further action until that person requests the Registrar-General to proceed with the original request:
d: if that person—
i: indicates that that person does not desire counselling; or
ii: under paragraph (c) the Registrar-General shall cause the original entry of the birth of the adopted person concerned to be endorsed accordingly, and to be endorsed also with the date on which it was so endorsed.
3: The fact that there is upon the original entry of the birth of any person one unexpired endorsement under subsection (2) relating to any person shall not prevent a further endorsement under that subsection relating to that person.
4: Subject to subsection (5), every endorsement under subsection (2) shall continue in force until the expiration of 10 years from the date of its making, and shall then expire.
5: A birth parent of an adopted person may at any time request the Registrar-General to have removed from the original entry of that person's birth all endorsements under subsection (2) relating to that parent; and in that case the Registrar-General shall cause that entry to be noted accordingly, and those endorsements shall then expire.
4: Adult adopted person may apply for original birth certificate
1: Any adult may make a written application to the Registrar-General for an original birth certificate in relation to the applicant; and in that case the following provisions shall apply:
a: where it does not appear from the records of the Registrar-General that the applicant is adopted, the Registrar-General shall so notify the applicant in writing:
b: subject to subsection (2), where it appears from the records of the Registrar-General that the applicant was adopted before 1 March 1986, and that—
i: details relating to only one of the applicant's birth parents appear in the original entry of the applicant's birth, and there is on that entry any unexpired endorsement under section 3(2)
ii: details relating to both of the applicant's birth parents appear in the original entry of the applicant's birth, and there are on that entry unexpired endorsements under section 3(2) section 5(1)
c: where it appears from the records of the Registrar-General that the applicant was adopted before 1 March 1986, and that—
i: details relating to both of the applicant's birth parents appear in the original entry of the applicant's birth, but there are on that entry unexpired endorsements under section 3(2)
ii: there are no unexpired endorsements under section 3(2) section 5(2)
d: where it appears from the records of the Registrar-General that the applicant was adopted after 28 February 1986, section 6
2: Where—
a: there is on the original entry of the birth of an adopted person any unexpired endorsement under section 3(2)
b: the Registrar-General is satisfied that that parent is dead,— paragraphs (b) and (c) of subsection (1)
5: Certificates for persons adopted before commencement of Act
1: The Registrar-General shall inform every applicant to whom this subsection is applied by section 4(1)﻿(b) section 83 there have been removed all details relating to the applicant's birth parents, and every reference to any surname registered for the applicant
2: Notwithstanding section 83 section 4(1)
a: the Registrar-General shall notify the applicant in writing,—
i: if the applicant lives within New Zealand, of the counselling available in the area in which the applicant lives, from social workers and approved persons and organisations; and
ii: that except where the applicant lives outside New Zealand, an original birth certificate will not be given to the applicant until the applicant has received counselling:
b: if the applicant notifies the Registrar-General in writing that the applicant desires counselling from a social worker or a specified approved person or organisation, the Registrar-General shall forthwith send an original birth certificate to—
i: the appropriate office of the Department; or
ii: the approved person or organisation specified by the applicant,— as the case requires:
c: the person or organisation to whom or to which an original birth certificate is sent under paragraph (b) shall release it to the applicant after the applicant has received counselling:
d: if it appears to the Registrar-General that the applicant is permanently resident outside New Zealand, the Registrar-General shall send the applicant an original birth certificate and the address of the chief executive
3: There shall be omitted from every original birth certificate sent under subsection (2)
a: there is on the original entry of the applicant's birth an unexpired endorsement under section 3(2)
b: the Registrar-General is not satisfied that that parent is dead.
4: There shall be omitted from every original birth certificate sent under subsection (2)
a: there is on the original entry of the applicant's birth an unexpired endorsement under section 3(2)
b: the Registrar-General is not satisfied that that parent is dead. Section 5(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 5(1) amended 1 September 1995 section 95 Births, Deaths, and Marriages Registration Act 1995 Section 5(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 5(2)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 5(4) added 1 September 1995 section 95 Births, Deaths, and Marriages Registration Act 1995
6: Certificates for persons adopted after commencement of Act
Notwithstanding section 83 section 4(1)
a: the Registrar-General shall notify the applicant in writing—
i: of the counselling available in the area in which the applicant lives, from social workers and approved persons and organisations; and
ii: that if within 28 days the applicant notifies the Registrar-General in writing that the applicant desires counselling from a social worker or a specified approved person or organisation, an original birth certificate will be sent to the appropriate office of the Department or that person or organisation; and
iii: that if the applicant does not desire counselling, or fails within 28 days to inform the Registrar-General that the applicant does desire counselling, an original birth certificate will thereafter be held on the applicant's behalf:
b: if the applicant—
i: notifies the Registrar-General in writing that the applicant does not desire counselling; or
ii: has not, within the 28 days following the dispatch to the applicant of the notice under paragraph (a), notified the Registrar-General in writing that the applicant desires counselling from a social worker or a specified approved person or organisation,— the Registrar-General shall forthwith notify the applicant in writing that an original birth certificate is held on the applicant's behalf:
c: if the applicant is notified under paragraph (b) that an original birth certificate is held on the applicant's behalf, and thereafter notifies the Registrar-General in writing that the applicant wishes it sent to the applicant, the Registrar-General shall send it to the applicant:
d: if, within the 28 days following the dispatch to the applicant of the notice under paragraph (a), the applicant has notified the Registrar-General that the applicant desires counselling from a social worker or a specified approved person or organisation, the Registrar-General shall forthwith send an original birth certificate to—
i: the appropriate office of the Department; or
ii: the approved person or organisation specified by the applicant,— as the case requires; and the applicant shall be entitled to uplift it at any reasonable time. Section 6 amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
7: Adopted person may register desire not to have contact with birth parents
1: An adopted person who has attained the age of 19 years may at any time request the Registrar-General to have the original entry of that person's birth endorsed to the effect that that person does not desire any contact with a specified birth parent, or with either of that person's birth parents.
2: The following provisions shall apply to every request under subsection (1):
a: the Registrar-General shall inform the person making that request of the counselling available in the area in which that person lives, from social workers and approved persons and organisations:
b: that person shall indicate to the Registrar-General whether or not that person desires counselling:
c: if that person indicates that that person desires counselling, the Registrar-General shall take no further action until that person requests the Registrar-General to proceed with the original request:
d: if that person—
i: indicates that that person does not desire counselling; or
ii: under paragraph (c) requests the Registrar-General to proceed with the original request— the Registrar-General shall cause the original entry of that person's birth to be endorsed accordingly, and to be endorsed also with the date on which it was so endorsed.
3: The fact that there is upon the original entry of a person's birth one unexpired endorsement under subsection (2) relating to a parent shall not prevent a further endorsement under that subsection relating to that parent.
4: Subject to subsection (5), every endorsement under subsection (2) shall continue in force until the expiration of 10 years from the date of its making, and shall then expire.
5: Any person may at any time request the Registrar-General to have removed from the original entry of that person's birth any endorsements under subsection (2); and in that case the Registrar-General shall cause that entry to be noted accordingly, and those endorsements shall then expire.
8: Access by birth parents to identifying information
1: Any person may make a written application to the chief executive
2: Where the chief executive
a: where the chief executive chief executive chief executive chief executive
b: where the chief executive chief executive section 7(2) chief executive
c: where the Registrar-General informs the chief executive chief executive chief executive
d: where the Registrar-General informs the chief executive
i: if the chief executive chief executive chief executive
ii: if the chief executive chief executive chief executive
iii: the name and address of the adopted person concerned shall not be communicated to the applicant unless that person has indicated to that social worker that that person is willing for them so to be communicated:
iv: if the adopted person concerned has indicated to that social worker that that person is willing to have that person's name and address communicated to the applicant, the chief executive section 10 Section 8(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(d)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(d)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(2)﻿(d)﻿(iv) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
9: Access by adult adopted persons to identifying information
1: Any adult adopted person may make a written application to the chief executive
2: Every application under subsection (1) shall be accompanied by an original birth certificate relating to the applicant.
3: The chief executive section 10
a: details of that parent appear in the original birth certificate accompanying the application; or
b: the chief executive
4: Where—
a: the chief executive
b: the chief executive
c: in the opinion of the chief executive the chief executive Section 9(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(3)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(4)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(4)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(4)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
10: Departmental assistance in approaching parent or child
1: An adult adopted person who has ascertained the name and address of a birth parent may request any social worker to approach that parent on that person's behalf.
2: Any person who has ascertained the name and address of an adult adopted person whose birth parent that person is may request any social worker to approach that adopted person on that person's behalf.
3: Any adoptive parent of an adopted person who has ascertained the name and address of a birth parent of that adopted person may request any social worker to approach that parent on that adoptive parent's behalf.
4: A social worker to whom a request is made under this section may decline that request.
5: Where a social worker accepts a request made under this section, that social worker shall approach the person concerned and ask if that person is willing to meet the person who made the request, and if so under what circumstances; and—
a: if the person concerned is unwilling to meet the person who made the request, the social worker shall so inform the person who made the request; and
b: if the person concerned is willing to meet the person who made the request, the social worker shall inform the person who made the request of the circumstances under which the person concerned is willing to do so.
6: Where a social worker accepts a request under this section, and approaches any person,—
a: if the person who made that request is an adult adopted person, or an adoptive parent of an adult adopted person, that social worker shall inform the person approached of the rights (if any) that that person has under section 3
b: if the person who made that request is a birth parent, that social worker shall inform the person approached of the rights that that person has under section 7
11: Access to information on medical grounds
1: For the purposes of this section,— doctor section 114(1)﻿(a) medical relative unknown relative
2: A doctor who is—
a: responsible for the medical treatment and advice of any patient; and
b: satisfied that it is necessary or desirable, for the purpose of providing treatment of or advice relating to any medical condition of that patient, or for the purpose of providing genetic counselling for or in relation to that patient, to obtain information about the medical or genetic history of an unknown relative,— may give the chief executive
3: Where, in the opinion of any doctor, any information obtained as a result of that doctor's dealings with any patient is likely to be relevant to the provision of treatment of or advice relating to any medical condition or potential medical condition of any unknown relative, or the provision of genetic counselling for or in relation to any unknown relative, that doctor may with the consent of that patient (or, where that patient is not an adult, of that patient's guardian) give the chief executive
4: A social worker may produce a notice under subsection (2)
a: to the Registrar-General; and in that case, notwithstanding section 83
b: to the Registrar of the court where the court file relating to the adoption concerned is held; and in that case the social worker shall be entitled to search, inspect, and take a copy of any document on the file concerned.
5: A social worker may disclose to the doctor concerned (in the case of a notice under subsection (2)) or the doctor of any unknown relative (in the case of a notice under subsection (3)) any information whatsoever (not being identifying information) relevant to the medical or genetic history of the patient or relative concerned.
6: No doctor shall disclose to any person any identifying information obtained by the use of information obtained under this section. Section 11(1) doctor substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 11(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 11(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 11(4)﻿(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Approved persons and organisations
12: Minister may approve persons and organisations for purposes of Act
1: The Minister of Social Welfare may from time to time, by notice in the Gazette
2: Any approved organisation may from time to time notify the chief executive chief executive Section 12(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
12A: Fees
1: Regulations made under section 13(1)﻿(a)
a: the making of any application or request under this Act to the Registrar-General, the chief executive
b: the approval of any person or organisation under section 12
c: the doing of any other act under this Act by the Registrar-General, the chief executive
2: Notwithstanding anything in the Official Information Act 1982 chief executive
a: accept any application or request under this Act; or
b: approve any person or organisation under section 12
c: do any other act under this Act,— for which or for the making or doing of which a fee is prescribed (whether under this Act or by or under any other enactment) unless the fee has been paid.
3: Notwithstanding subsection (2),—
a: the Registrar-General may—
i: dispense with the payment of all or any part of any fee payable to the Registrar-General under this Act; or
ii: refund all or any part of any fee paid to the Registrar-General under this Act; and
b: the chief executive
i: dispense with the payment of all or any part of any fee payable to the chief executive
ii: refund all or any part of any fee paid to the chief executive Section 12A inserted 8 August 1991 section 2(1) Adult Adoption Information Amendment Act 1991 Section 12A(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 12A(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 12A(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 12A(3)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 12A(3)﻿(b)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 12A(3)﻿(b)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 General
13: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for either or both of the following purposes:
a: prescribing fees payable under this Act:
b: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and its due administration.
2: Regulations under this section are secondary legislation ( see Part 3
2:
3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(2) repealed 8 August 1991 section 2(2) Adult Adoption Information Amendment Act 1991 Section 13(3) repealed 8 August 1991 section 2(2) Adult Adoption Information Amendment Act 1991
14: Act not to affect disclosure of non-identifying information
Nothing in this Act shall affect the disclosure to any person of any information relating to any other person that is not, in relation to that other person, identifying information.
15: Amendment to Adoption Act 1955
Amendment(s) incorporated in the Act(s)