Request by birth family member
 18. (1) Subject to subsection (4), an adopted person’s birth parent, birth grandparent, birth sibling or other birth family member who suffers from a severe mental or physical illness or has suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, if, (a) he or she will derive a direct medical benefit should a search by the MCSS custodian result in the location of the person who is the object of the search; or (b) there are reasons to believe that the person who is the object of the search, (i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and (ii) will derive a direct medical benefit from being located.  O. Reg. 464/07, s. 18 (1). (2) Subject to subsection (4), an adopted person’s birth parent, birth grandparent, birth sibling or other birth family member who does not suffer from a severe mental or physical illness and has not suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, if, (a) any of the other persons authorized to make a request under this subsection suffers from such an illness or has suffered from such an illness in the past; and (b) there are reasons to believe that the person who is sought, (i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and (ii) will derive a direct medical benefit from being located.  O. Reg. 464/07, s. 18 (2). (3) If the birth parent of an adopted person suffered from a severe mental or physical illness and has died and the conditions described in clause (2) (b) are met, a request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, may be made by any of the following persons: 1. The birth parent’s spouse. 2. The executor of the birth parent’s estate. 3. A person who is, i. a member of the College of Physicians and Surgeons of Ontario, a member of the College of Psychologists of Ontario or a member of the College of Nurses of Ontario who holds a certificate of registration in the extended class, or ii. legally authorized to practise medicine or psychology in a jurisdiction outside of Ontario.  O. Reg. 464/07, s. 18 (3). (4) The following rules apply if a person who is entitled to ask the MCSS custodian to conduct a search under subsection (1) or (2) is a minor, being less than 18 years of age: 1. Subject to paragraph 2, the minor is not entitled to ask the MCSS custodian to conduct the search. 2. A birth parent who is a minor has the right to ask the MCSS custodian to conduct the search. 3. A parent of the minor or a person with custody of the minor may ask the MCSS custodian to conduct the search on behalf of the minor.  O. Reg. 464/07, s. 18 (4); O. Reg. 560/07, s. 8. (5) Nothing in this section shall prevent a person from asking the MCSS custodian to conduct a search under subsection (1), (2) or (3) if that person is appointed as the guardian of, or is otherwise legally authorized to act on behalf of, a person who is entitled to ask the MCSS custodian to conduct a search under subsection (1), (2) or (3).  O. Reg. 464/07, s. 18 (5).