Adoption Information Regulations

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This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
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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 referred to in clause 10(1)(b) of the Act may be dispensed with by the Director if an adopted person under the age of majority

 

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

 

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

 

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

 

4     Pursuant to clause 10(2)(c) of the Act, the consent of the birth parent referred to in clause 10(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 to consent by reason of being mentally infirm;

 

                (b)    is estranged from the birth parent at the time of registration and has been estranged 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 the Children 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 in clause 10(1)(f) of the Act may be dispensed with by the Director if the relative of the adopted person establishes to the satisfaction of the Director that the adopted person is unable 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 clause 10(1)(g) of the Act may be dispensed with by the Director if a relative of the birth parent establishes 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 Section A 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 dispensed with 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 to consent by reason of being mentally infirm; or

 

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

 

7A  Where the Director has information indicating that a person whose consent is required under the Act may not have the mental capacity to give consent, the Director may contact persons other than the applicant or the person being sought to obtain information in respect of the capacity of the person to give consent and to assist the Director in determining whether 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 Act may pose a risk to the health or safety of the person or others, the Director may contact persons, other than the applicant or the person being sought, to obtain information to assist the Director in determining whether there is a risk to the health or safety of the person or to others 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 to contact a person for the purpose of determining if the person is willing to consent to the release of identifying information from an adoption file.

 

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

 

       (3)    In conducting a discreet inquiry, the Director may seek information as to the identity and 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 gathering purposes in respect of adoption in accordance with terms and conditions deemed appropriate by the Director, provided that necessary measures are taken to ensure confidentiality.

 

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


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




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