O. Reg. 272/08: DISCLOSURE OF ADOPTION INFORMATION

Vital Statistics Act

ONTARIO REGULATION 272/08

DISCLOSURE OF ADOPTION INFORMATION

Historical version for the period September 1, 2008 to May 31, 2009.

No amendments.

This is the English version of a bilingual regulation.

Successive notices or disclosure vetoes registered

1. (1) This section applies if one of the following documents, which was submitted for registration by an adopted person or a birth parent, is in effect and another of the following documents is submitted to the Registrar General for registration by the same adopted person or birth parent:

1. A notice of preferred manner of contact submitted under section 48.3 of the Act.

2. A notice of a wish not to be contacted submitted under section 48.4 of the Act.

3. A disclosure veto submitted under section 48.5 of the Act. O. Reg. 272/08, s. 1 (1).

(2) If all the requirements for registration under the Act are satisfied, the Registrar General shall register the second document described in subsection (1) that is submitted for registration. O. Reg. 272/08, s. 1 (2).

(3) If the two documents successively registered under the Act were submitted for registration by the same birth parent, the document first registered under the Act ceases to have effect upon the registration of the second document. O. Reg. 272/08, s. 1 (3).

(4) If the two documents successively registered under the Act were submitted for registration by an adopted person, the following rules apply:

1. If the two documents related to disclosure of information to both birth parents or to the same birth parent, the document first registered under the Act ceases to have effect upon the registration of the second document.

2. If the first document related to disclosure of information to one birth parent and the second document related to disclosure of information to both birth parents, the document first registered under the Act ceases to have effect upon the registration of the second document.

3. If the first document related to disclosure of information to both birth parents and the second document related to disclosure of information to one birth parent, the document first registered under the Act ceases to have effect against the birth parent against whom the second document has effect.

4. If the first document related to disclosure of information to one birth parent and the second document related to disclosure of information to the other birth parent, the first document continues to have effect after the registration of the second document. O. Reg. 272/08, s. 1 (4).

Where person adopted more than once

2. (1) This section applies where two or more successive orders, judgments or decrees of adoption are registered under subsection 28 (1) of the Act, or a predecessor of that subsection, in respect of an adopted person. O. Reg. 272/08, s. 2 (1).

Note: Subsection 2 (2) comes into force on June 1, 2009. See: O. Reg. 272/08, s. 3 (2).

(2) An adopted person may apply to the Registrar General for an uncertified copy of a registration of his or her birth that was substituted under subsection 28 (2) of the Act for the previous birth registration. O. Reg. 272/08, s. 2 (2).

Note: Subsection 2 (3) comes into force on June 1, 2009. See: O. Reg. 272/08, s. 3 (2).

(3) An uncertified copy of a substituted birth registration shall not be issued under subsection (2) if the substituted birth registration was registered after the registration of the most recent order, judgment or decree of adoption referred to in subsection (1), in which case a certified copy of it may be issued in accordance with the Act. O. Reg. 272/08, s. 2 (3).

Note: Subsection 2 (4) comes into force on June 1, 2009. See: O. Reg. 272/08, s. 3 (2).

(4) Subsections 48.1 (2) to (14) of the Act apply with necessary modifications to an application for an uncertified copy of a substituted birth registration made under subsection (2). O. Reg. 272/08, s. 2 (4).

(5) Any person identified as an adoptive parent in an order, judgment or decree of adoption referred to in subsection (1), other than the most recent such order, judgment or decree, may submit any of the following documents to the Registrar General for registration, as though he or she was a birth parent:

1. A notice of preferred manner of contact described in section 48.3 of the Act.

2. A notice of a wish not to be contacted described in section 48.4 of the Act.

3. In the case of a person identified as an adoptive parent in an order, judgment or decree made before September 1, 2008, a disclosure veto under section 48.5 of the Act. O. Reg. 272/08, s. 2 (5).

(6) The Act and section 1 of this Regulation apply to a notice or veto submitted by an adoptive parent under subsection (5) as though it was a notice or veto submitted by a birth parent under section 48.3, 48.4 or 48.5 of the Act, as the case may be. O. Reg. 272/08, s. 2 (6).

3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 272/08, s. 3.