NOVA SCOTIA

Update of August 2000

The search fee for active search in Nova Scotia has been discontinued.

Update of January, 2000

Premier Hamm did keep his promise to introduce a new Adoption Act during the Fall session of the Legislature. Unfortunately, the legislation was hit by a severe negative reaction in the Nova Scotia press and the proposed Act died on the Order Paper when the legislature rose for the Christmas recess.  Mike and Faith Slayter and the Parent Finders - Nova Scotia group put forward an aggressive lobbying effort but could not overcome incorrect statements that were made about the BC Open Records legislation.  The Slayters will continue to press the Government until new legislation is introduced, hopefully in the Spring or Fall session. 

On July 28, 1999, the voters of Nova Scotia elected Conservative John Hamm as the Premier-Elect with a majority Government.  One of his election promises under Social Concerns was that    'during its first mandate, a PC Government will:    Introduce legislation that recognizes the right to identifying information for adult adoptees and birth parents'.  

Congratulations on your election, Premier Hamm - now it is time to stand and deliver!  In order that all adult adoptees and birth parents receive equal service from a public body (Social Services) your new legislation must be retroactive to cover all adoptions in Nova Scotia since the first Adoption Act was enacted back in the 1920's.  Your new access should be the same as in British Columbia with Nova Scotians having the right to independently request copies of birth registration documents from Vital Statistics and full identifying background information from Social Services adoption or foster files.  This is a Human Rights issue and the Nova Scotia legislature must draft the new legislation placing the rights of the adult adoptee in the paramount position.  New legislation must also cite the United Nations Declaration on the Rights of the Child, which Nova Scotia is a signatory to.  New open records adoption legislation must be one of the first issues tabled in the Fall session of the legislature, using the openness provisions of the B. C. Adoption Act as a model.  New legislation must be retroactive to cover all adoptions legally finalized in Nova Scotia from the early 1920's to the present.  It must not contain any vetos that would obstruct adopted persons from obtaining full identifying information about their birth parents and their medical history.    

The present ADOPTION ACT for NOVA SCOTIA was proclaimed as law January 1, 1997. Although this is a giant step forward for our province, it is still not far enough.

The Regulations which the Act refers to in a number of instances requires greater definition and broadening. There will be an Advisory Committee appointed to review and amend the current Regulations before the implementation of the Act in January.

Parent Finders has applied for a position on the advisory committee and the appeals committee but the Government has failed to respond or appoint an adult adoptee to either body.

The act does not give an adoptee an original birth certificate and only provides identifying information with the other party's consent. There are provisions for compelling circumstances which must be defined in the Regulations in order to be usable. 

As of  May 19, 1999, The Department of Community Services has eliminated fees charged for adoption information in Nova Scotia.  ***They neglected to state if they planned to rebate the fees already charged to clients from January 1, 1997 until May 18, 1999.    

PROVINCIAL SERVICES:

IDENTIFYING INFORMATION:  To obtain identifying information, both you and the person you are looking for need to be 19 years or older.  You can request identifying information if you are an adopted person, a birth parent, or a birth sibling, with the written consent of the birth parent - (some exceptions apply). Adopted persons can also request information about siblings who were placed for adoption in other families.  Under most circumstances identifying information will not be released without the consent of the person being identified.    

NON-IDENTIFYING INFORMATION:  Prepared within six weeks.

FEES:  None 

PASSIVE REGISTRY:  The Passive Register will continue, containing the names of all the people who registered before and after the Adoption Information Act came into effect on January 1, 1997.  A match (if there is a corresponding applicant) should be made within six weeks.

ACTIVE SEARCH:  Under the new legislation, if you wish the Adoption Disclosure Unit to conduct a search, you need to apply again.  Adult adoptees (19 years and over) and Birth Parents (of adult adoptees) are eligible.  Priority will be on a first-come, first-served basis however, priority will be given to medical emergencies and in cases where the birth parents are over 65 years of age.  

COUNSELING:  Parties are referred to outside services.

STAFFING:  One full time and two part time people who job share, providing all services.

APPLICATION FOR SERVICE:  If parties qualify the wait for an active search is approximately 1-6 months. Since the Act came into effect on January 1, 1997, the department has had inquiries from 692 individuals as at May 19, 1999.  On average, 200 search requests are currently being processed, 170 background histories are being prepared and 175 passive registrations are being received per year.  

ACCESS/OPENESS:  Access to adoption records is currently controlled through the Adoption Disclosure Service Program.  

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Page last updated: November 26, 2003