What is a veto?

People who were adopted before 17 August 1989, their birth parents and adoptive parents may place a veto with us. This prevents us from releasing information that may identify them to the other parties to the adoption. People who were involved in an adoption after 17 August 1989 do not have the right to place a veto. 17 August 1989 was the date that the current Adoption Act 1988 came into effect.

Section 27B of the Adoption Act 1988 provides for vetoes. The whole of section 27 gives clear rules about the release and restriction of adoption information. See Protection of privacy under the Adoption Act 1988 for more information.

Can a birth parent restrict the release of information?

If you are a birth parent, you can restrict:

• The release of your name.
• Any other information that would allow you to be identified.

Can an adopted person restrict the release of information?

If you are an adopted person, you can restrict:

• The release of your adoptive name.
• Any other information that would allow you to be identified.

Can adoptive parents restrict the release of information?

If you are an adoptive parent, you can restrict:*

• The release of your name.
• The release of any other information which would allow you to be identified.

* Your restriction can not prevent the disclosure of information to the birth parents about the welfare or whereabouts of the adopted person. This means it must not stop the birth parent and the adopted person from sharing information. Every attempt will be made to be sensitive about your family situation and to protect your privacy.

What is the process for placing a veto?

To place a veto, we need to receive your completed Application to Restrict the Release of Information form. The form must be received in hard copy. It cannot be accepted electronically. There are 3 separate forms available depending on whether you are an adopted person, birth parent or adoptive parent.

• See Adoption forms and click on the appropriate form. Print, complete and post to our postal address. Alternatively, you can get a copy directly from us.
• The form ask you to provide some personal details about yourself. You will need to provide proof of your identity for us to process and record your application.
• The veto will take effect once we recieve your application.

How do I renew my veto?

Vetoes last for a 5-year period. We are required by law to send you reminder notices that your veto is due to expire, 6 months, 3 months and 2 weeks prior to it expiring. When you fill out your application form you will be asked to let us know if you do not want to be sent these reminder notices.

The renewal notice will be sent to the person and address that you indicate on your application form. For the purpose of receiving the notice, you do not have to give us your address if you would rather not. It can be a post office box number or the address of a friend or relative.

Remember that you need to keep us informed of any change to the address that you want the reminder sent to.

What if I change my mind?

Some people find that they lodge a veto for reasons that are important to them at the time and later they no longer feel the need to restrict identifying information. If you do change your mind, you can cancel your veto at any time. This must be done in writing. You need to post or deliver the written notice to us, signed by you and with the same proof of your identity required originally.

What about non-identifying information?

If a person applies for adoption information and a veto has been placed, we can still release non-identifying information. An adopted person can find out information about their adoption that does not allow the person placing the veto to be traced. Such information could be details about their birth parents interests and backgrounds found on the adoption file or messages left by their birth parents.

Can I leave a message explaining my reasons for placing the veto?

Yes, you can. It can be distressing for someone applying for their adoption information to discover that a veto has been placed. Having some understanding about why you placed the veto is often useful for them.

Minister's power to authorise disclosure

You should note that if the disclosure of information is considered necessary in the interests of the welfare of an adopted person, then despite any vetoes being placed, the information may be disclosed on authorisation of the Minister. These would be in rare cases, such as a medical emergency. This is provided for in section 27D of the Adoption Act 1988.