Adoption Information Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/ad.htm

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Adoption Information Regulations
made under subsection 36(1) of the

Adoption Information Act

S.N.S. 1996, c. 3

O.I.C. 97-4 (January 7, 1997), N.S. Reg. 1/97

as amended up to O.I.C. 2007-81 (February 13, 2007), N.S. Reg. 52/2007

 

1     These regulations may be cited as the Adoption Information Regulations.

 

2     Pursuant to clause 10(2)(c) of the Act, the written consent of the adoptive parent referredto in clause 10(1)(b) of the Act may be dispensed with by the Director if an adopted personunder the age of majority

 

                (a)    establishes to the satisfaction of the Director that the adoptive parent is unableto consent by reason of being mentally infirm; or

 

                (b)    is estranged from the adoptive parent at the time of registration and has beenestranged for one year prior to the registration.

 

3     Pursuant to clause 10(2)(c) of the Act, the consent of the adopted person described inclause 10(1)(d) of the Act may be dispensed with by the Director if the adoptive parentestablishes to the satisfaction of the Director that the adopted person is unable to consentby reason of being mentally infirm.

 

4     Pursuant to clause 10(2)(c) of the Act, the consent of the birth parent referred to in clause10(1)(e) of the Act may be dispensed with by the Director if a birth sibling

 

                (a)    establishes to the satisfaction of the Director that the birth parent is unable toconsent by reason of being mentally infirm;

 

                (b)    is estranged from the birth parent at the time of registration and has beenestranged for one year prior to the registration;

 

                (c)    was in the permanent care and custody of an agency or the Minister; or

 

                (d)    is a party to an openness agreement made pursuant to Section 78A of theChildren and Family Services Act.

Clause 4(d) added: O.I.C. 2007-81, N.S. Reg. 52/2007.

 

5     Pursuant to clause 10(2)(c) of the Act, the consent of the adopted person referred to inclause 10(1)(f) of the Act may be dispensed with by the Director if the relative of theadopted person establishes to the satisfaction of the Director that the adopted person isunable to consent by reason of being mentally infirm.

 

6     Pursuant to clause 10(2)(c) of the Act, the consent of the birth parent referred to in clause10(1)(g) of the Act may be dispensed with by the Director if a relative of the birth parentestablishes to the satisfaction of the Director

 

                (a)    that the birth parent is unable to consent by reason of being mentally infirm; or

 

                (b)    that the relative is a party to an openness agreement made pursuant to SectionA of the Children and Family Services Act.

Section 6 replaced: O.I.C. 2007-81, N.S. Reg. 52/2007.

 

7     Pursuant to clause 15(2)(c) of the Act, the consent of the birth parent may be dispensedwith by the Director if the birth sibling described in subsection 15(1) of the Act

 

                (a)    establishes to the satisfaction of the Director that the birth parent is unable toconsent by reason of being mentally infirm; or

 

                (b)    is estranged from the birth parent at the time of registration and has beenestranged for one year prior to the registration.

 

7A  Where the Director has information indicating that a person whose consent is requiredunder the Act may not have the mental capacity to give consent, the Director may contactpersons other than the applicant or the person being sought to obtain information in respectof the capacity of the person to give consent and to assist the Director in determiningwhether the person has the capacity to give consent.

Section 7A added: O.I.C. 1998-297, N.S. Reg. 45/98.

 

7B   Where the Director has information indicating that contacting a person pursuant to the Actmay pose a risk to the health or safety of the person or others, the Director may contactpersons, other than the applicant or the person being sought, to obtain information to assistthe Director in determining whether there is a risk to the health or safety of the person or toothers and to obtain information to assist the Director in minimizing or managing any risk.

Section 7B added: O.I.C. 1998-297, N.S. Reg. 45/98.

 

8     For the purposes of Sections 19 and 20 of the Act,

 

       (1)    “discreet inquiry” means the gathering of information which enables the Director tocontact a person for the purpose of determining if the person is willing to consent tothe release of identifying information from an adoption file.

 

       (2)    The Director shall exercise reasonable care to keep confidential the fact that adiscreet inquiry is for the purpose of the Adoption Information Act.

 

       (3)    In conducting a discreet inquiry, the Director may seek information as to the identityand location of a party

 

                (a)    by reviewing records held by or available to the Minister;

 

                (b)    by obtaining information from the records of the Registrar of Vital Statistics;

 

                (c)    by obtaining information from the records of the Registry of Motor Vehicles;and

 

                (d)    from such other sources as the Director deems necessary.

 

9     The Director may permit access to adoption records for research and data gatheringpurposes in respect of adoption in accordance with terms and conditions deemedappropriate by the Director, provided that necessary measures are taken to ensureconfidentiality.

 

10   Any information in the sealed packet that is created under Section 85 of the Children andFamily Services Act may be disclosed in respect of an individual who has consented to thedisclosure of the information, or may be disclosed to the individual to whom theinformation relates, unless the disclosure of information is prohibited pursuant to anotherenactment.

Section 11 repealed: O.I.C. 1999-252, N.S. Reg. 55/99.