NEWFOUNDLAND / LABRADOR

    June 25, 2003   

The new Adoption Act for Newfoundland/Labrador has now been passed, after a long delay.  We anticipate that it will come into full force and effect after April 30, 2004.  For more information, please contact the Department of Health and Community Services at 1-800-709-2719 or Vital Statistics at www.gov.nl.ca/gsl/gs/vs

The Hon. Gerald Smith, Minister has put into place an extensive advertising campaign to inform Canadians of the changes to the adoption laws in Newfoundland and Labrador.  HOWEVER, the advertising did not give information on how to access information from adoption records, the advertising was only focused on to how to file a disclosure veto or a no-contact declaration to to prevent government from releasing identifying information of the person who files the veto.  

Parent Finders has been working for almost 30 years to bring about open records legislation in all Provinces and Territories in Canada to end discrimination against adopted persons.  Hon Smith has learned nothing from the adoption community about their particular need for personal historical and medical information and has practised discrimination within Newfoundland/Labrador legislation against innocent citizens of Newfoundland.    

This discriminatory Newfoundland adoption act legislation is in violation of the CHARTER OF RIGHTS AND FREEDOMS  - Sections 15 2 (b) and Section 7 

The UNITED NATIONS CONVENTION ON CIVIL AND POLITICAL RIGHTS  - the right to equality before and under the law and the right of equality to public service

The UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD -  as endorsed by Newfoundland and ratified by Canada in December 1991

The Province of Newfoundland has a legal obligation to ensure the implementation of the provisions of this INTERNATIONAL HUMAN RIGHTS Covenant.

Article 2 - without discrimination of any kind, irrespective of ...... birth or other status

Article 7 - guarantees every child the right to their identity and 

Article 8 - requires the government to retroactively restore the child's identity.

Parent Finders hopes that some adopted adult in Newfoundland/Labrador will file a formal complaint of discrimination with the UN COMMITTEE ON THE RIGHTS OF THE CHILD, in Geneva and with the Ministry of Heritage in the Government of Canada in Ottawa.    

Open Records - When the new Act takes effect an adopted person, 19 years of age or older, may apply to the Vital Statistics Division to obtain a copy of their birth registration and adoption order.  These documents will include the name of their birth parents at the time of birth.

Birth parents of adopted people who are 19 years of age or older may apply to the Vital Statistics Division for a copy of the adopted person's birth registration and the adoption order to learn the adoptee's name.  To view highlights of the new Newfoundland/Labrador Adoption Act, go to www.gov.nl.ca/gsl/gs/vs or call 1-800-709-2719

Proclamation of the adoption act legislation will be delayed to allow birth parents and adopted adults time to register a Disclosure Veto or No Contact Declaration to maintain confidentiality of records.  Prior to the Act being proclaimed, extensive training will occur with Newfoundland Health and Community Services staff and information will be provided for the public and other interested parties.

Parent Finders will be monitoring the changes to the adoption laws to make sure that service delivery is open and timely.  

PROVINCIAL SERVICES:

IDENTIFYING INFORMATION:  Subject to Active Search.

NON-IDENTIFYING INFORMATION:  The wait for a file review is approximately 22-24 months from the date of inquiry.

FEES:  None at the present.

PASSIVE REGISTRY:  Passive Register for Birth Relatives. A passive match is given priority and every effort is made to work on them immediately.

ACTIVE SEARCH: Active search done on behalf of Adult Adoptees. Projected wait time for an active search is at least five years.

COUNSELLING: Not manditory, but available to all members of the adoption circle.

STAFFING: Two full time temporary social workers, responsible for all aspects of post-adoption services including search, counselling, and preparation of non-identifying information. One trainee. One consultant performing limited client services.

APPLICATION FOR SERVICE:  Call the Post Adoption Services (709) 729-3506 to find out how long the waiting list is for service delivery.  .

ACCESS/OPENESS: the new Adoption Act is expected to be in full force and effect by May 1, 2004.

News menu                                Directory

Page last updated: November 29, 2007