Information contained in adoption files is highly sensitive. It is important that the release of this information is in the interests of the party seeking the information while also ensuring the privacy of others involved in the adoption.

Section 27 of the Adoption Act 1988 clause 5 is designed to ensure this balance. It allows the Chief Executive of DFC (delegated to workers at AFIS) to use discretion to ensure the information does not present an unjustifiable intrusion into the privacy of any person.

This could mean information in your file is not released to you. Section 27(6) says that the Department must establish and maintain written guidelines regarding the exercise of the discretion. Section 27 also says that these guidelines must be made available on request to any person.

The Exercise of the Chief Executive’s discretion under section 27(5) of the Adoption Act, 1988 Practice Guidelines [alternative]

Releasing information before the adopted person is 18 years of age

Section 27A allows adoption information to be released in certain circumstances if the adopted person is less than 18 years of age. They are:

• Release to an adopted person under 18 years of age
  The adopted person needs the consent of adoptive parents and, if the name of the birth parent is to be disclosed, the consent of that person is required.
• Release to a birth parent regarding a child under 18 years of age
  The consent of the adoptive parents and the consent of the adopted person (if they are 12 years old or older) is required.

It is not common for information to be released if the adopted person is not yet 18 years of age. If you have any further questions about this, make an appointment with our duty social worker.