In December 1998 the "ADOPTION AMENDMENT ACT 1998" was passed in Parliament. This will take effect as from January 18th 1999. Christine and myself were lucky enough to sit in Parliament whilst this was being debated.
The changes to the Legislation gives wider access to information about past adoptions, following the recommendations made in the "CUNNINGHAM REPORT" into Historical Adoption Practices in Tasmania.
The amendments now remove the impediments to an adult adoptes's right to access the identity of the birth parents as shown in the adoption records.
Birth parents, natural relatives and descendants of an adopted person will now be able to access information from the adoption records, including the name of the adoptee after adoption.
There are no changes to the provisions applying to the adoptee under the age of eighteen years. Identifying information and access to the pre-adoption birth records may be made available to the adoptee, but only if the adoptive and birth parents agree to these in writing.
Birth parents and natural relatives of an adoptee who has died before reaching the age of eighteen will now be able to access the date of death and the place of burial.
The new Amendment Law has now introduced a legally binding "contact veto". If this veto has been placed, or registered, information will be released but only after an agreement not to attempt any form of direct or indirect contact has been signed.
It will still be possible to record wishes about contact with other people involved in the adoption. People who do not wish to be contacted may leave a letter, or a message to be passed on if any inquiries are made.
"Origins" Tasmania fought harde to prevent this veto system, or to have a time limit of 3 to 5 years placed. However it was passed through Parliament as was,
Written by Mary Harris - President of Origins Tasmania