Forced adoption support services scoping study Daryl Higgins, Pauline Kenny, Reem Sweid and Lucy Ockenden Report for the Department of Social Services by the Australian Institute of Family Studies February 2014



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Accountability


Transparency about organisation’s past involvement on the website, in brochures and in the first sessions

Formalised complaints processes in place that are known and readily available to service users

Overseen by an independent governing body (board/committee)

Independent mediator facilitates searching for information and exchanging information

Administrative data are recorded—including referrals and service uptake

Accessibility (including affordability)


Identifiable staff to be point of contact

Flexible hours of operation

Servicing remote locations or those unable to physically access the service on site

Low cost or free

Timely responses to requests

Ongoing counselling and support


Knowledge of presenting issues and capacity to respond


Well-informed staff who understand the issues associated with adoption

Sensitivity to the needs of those seeking it (confidentiality, discretion, language used, etc.)

All staff are trained

Ongoing training/professional development opportunities are available to staff

Clearly articulate conceptual underpinning of the agency/service’s service model

External clinical supervision is available to staff.


Diversity


Options for both professional and peer supports

Range of options for participation (i.e., mixed, mother/adoptee-specific, etc.).

Range of support levels (e.g., access to support person—on site and follow-up).

Support, education and information for the other family members is readily available.


Service interventions


Address issues associated with grief and loss; trauma; identity; shame; excess feelings of guilt; rejection; emotions of anger/hurt; difficulty in maintaining friendships or close relationships with family (attachment issues); anxiety; and self-confidence problems.

Services are tailored to relevant “stage of the journey” of individuals.

Clients’ expectations at commencement of support relationship are managed, particularly in relation to search and contact.

Support and follow-up from the agency involved is provided on an ongoing basis.


Continuum of care


Service has formalised links or arrangements with other relevant services for referral or shared care arrangements where own service can’t meet the full range of presenting needs of service users.

Adoption-related supports are incorporated into existing services (such as Family Support Program funded services, or Medicare-funded psychological services).

Regular networking activities both within and external to adoption-specific agencies.

Awareness-raising of the impacts and history of past adoptions is prioritised.

Attachment H: Adoption Information Provided by State

State

Legislation

Access conditions

Information available

Contact and information vetoes

NSW

Adoptive Act 2000

Adoptees and natural parents can apply for information if adoptee is aged 18 or over

If adoptee is under 18 years, permission from the adoptive parent or guardian is required

The Adoption Information Unit in the Department of Family and Community Services facilitates access.


If adoption took place before 1 Jan 2010, adoptees and natural parents can access identifying information

Identifying information includes name, date of birth, address, original birth certificate, amended birth certificate, and birth record and adoption order



Natural parents and adult adoptees are able to lodge a contact veto if adoption took place before 26 Oct 1990

Contact veto provisions do not apply to adoptions made after 26 Oct 1990



Vic.

Adoption Act 1984

All parties to an adoption can apply for information

Vic. Government’s Family Information Networks and Discovery (FIND) service facilitates access



Adoptees can access identifying information in adoption records, including natural parents’ names and origins

Permission from natural parent is required if information concerning their current whereabouts is sought

Other parties, including natural parents, can access non-identifying information initially, including placement and adoptive family history

Other parties can access identifying information with written consent of adoptees aged over 18 years, or of adoptive parents if adoptee is under 18



No contact veto system in Victoria

Restrictions on the release of identifying information can be placed by adoptees via the Adoption Information Register



Qld

Adoption Act 2009

Qld government-funded Post Adoption Support Queensland (PASQ) service facilitates access

Adoptees, natural parents and eligible relatives can apply for information if adoptee is aged 18 or over

Restrictions apply if a Children’s Court order prevents information’s release, where that release would pose an unacceptable risk of harm


Adoptee, natural parents and eligible relatives if adoptee is aged 18 or over can access identifying information

Specific criteria are in place regarding information to and from natural fathers



Contact veto in place for adoptions that took place before June 1991

Objections to contact were replaced by “contact statements” in Feb 2010

Contact vetoes are impacted by the Adoption Act 2009. The Act allows information provision if the seeker signs an acknowledgement indicating they are aware a contact statement is in place and that it would be an offence to contact the other person. (Offence provisions with a maximum penalty of imprisonment for two years apply.)


WA

Adoption Act 1994 and

Adoption Amendment Act 2003

Adoptees, natural parents and adoptive parents may apply for information

Permission for access is at the discretionary authority of the departmental Chief Executive Officer

The WA Government’s Past Adoption and Information Services facilitates access

Since 1995, future contact and information exchange is facilitated by an adoption plan negotiated between natural parents and prospective adoptive parents prior to a child’s placement

WA also operates a message box system, which allows parties’ anonymous contact


Adoptees, natural parents and adoptive parents may, if granted access, obtain both identifying and non-identifying information

Identifying information includes names, addresses, ages or dates of birth, and occupations

Non-identifying information includes that from adoption records and files, such as a physical description, hobbies or interests, education or medical details


Contact and information vetoes were prohibited in WA under changes to the Adoption Act 1994 by the Adoption Amendment Act 2003

The amendment prohibited any new contact or information vetoes on adoptions since that date and existing information vetoes ceased to be effective from 1 Jun 2005



SA

Adoption Act 1988

Adoption Regulations 2004

Adoptees, their natural parents, adoptive parents and certain relatives may apply for information if adoptee is aged 18 or over

A message system allows for a message to be left explaining reasons for a veto

The Adoption and Family Information Unit, Department for Education and Child Development, facilitates access.


Adoptees aged 18 or over can access: information in their original birth certificate; natural parents’ names and dates of birth; names of any siblings who were also adopted and are aged 18 years or over; information relating to natural parents and adoption circumstances; any message, information or item left by another party; and authority to obtain their original birth certificate

If adoptee is aged 18 or over, natural parents can access: the name given to adoptee by their adoptive parents; names of adoptive parents; other information relating to the adoptive parents or adoptee; and any message, information or item left for them

With adoptee’s consent, adoptive parents can access: information relating to the natural parents; and also any messages left


If adoption took place before 17 Aug 1989, parties to the adoption can place a veto (valid for five years) on identifying information being given to other parties

Vetoes for adoptions completed after 1989 were prohibited by the Adoption Act 1988

However, adoptive parents remain able to lodge an information veto against natural parents, with a provision that this does not prevent the adoptee and natural parents from making contact with each other

Additionally, if a veto has been placed, the department may still release non-identifying information to an adoptee aged 18 years or over—such as details about their natural parents’ interests and backgrounds found on the adoption file, or messages left by their natural parents



Tas.

Adoption Act 1988

Adoptees, their natural parents, natural relatives and lineal descendants may apply for information if adoptee is aged 18 or over

The Tas. Government’s Adoptions and Permanency Service facilitates access for a fee, however the fee is waived for adoptions that took place prior to 1988




Adoptees aged 18 or over can access their pre-adoption birth record and information from the adoption record, including their natural parents’ identifying information

Natural parents, natural relatives and lineal descendants of an adoptee can apply for non-identifying information at any time, or for identifying information when the adoptee is aged 18 or over

Natural parents, natural relatives and lineal descendants of an adoptee may receive information that includes the name of a natural parent only with the written permission of that natural parent


A contact veto may be registered by any adoptee, natural parent, natural relative, lineal descendant of an adoptee or adoptive parent

Where a veto has been registered, identifying information is released only after an undertaking not to attempt any form of contact has been signed; an attempt to make contact where a veto is in force is an offence

The contact veto system is managed by the Tas. Government’s Adoptions and Permanency Service


ACT

Adoption Act 1993 and Adoption Amendment Act 2009

Adoptees, their adoptive parents, natural parents and natural relatives may apply for information if the adoptee is aged 18 or over

Adoptees aged 18 or over can access identifying information

Adoptive parents, natural parents and natural relatives can also access identifying information if the adoptee is aged 18 or over

The Adoption Act 1993 is retrospective and allows for identifying information to be released for adoptions that occurred under previous legislation, but also the opportunity for parties to say no to future contact or communication


Adoptees aged over 17 years 6 months, adoptive parents, natural parents, adult natural relatives, adoptive relatives and adult children or other descendants of the adoptee have the right to lodge a contact veto

On lodgment of the veto, it becomes an offence for the information recipient to try to make contact with the person who imposed the contact veto

Under the Adoption Amendment Act 2009 vetoes can no longer be lodged in respect of adoption orders made after 22 April 2010


NT

Adoption of Children Act 1994

All parties to the adoption are able to apply for information

Aboriginal and Torres Strait Islander childcare agencies are authorised to counsel for the purpose of supplying identifying information

The NT Government’s Department of Children and Families Adoption Unit facilitates access


All parties to the adoption can access identifying information, such as the person/s and their address at the time of adoption, unless a veto has been lodged

All parties to the adoption can access non-identifying information recorded at the time of adoption

All parties to the adoption can access documentation that will allow an adoptee to obtain their original birth certificate


Adoptees or natural parents can lodge a three-year renewable veto for adoptions that took place before 1994

The veto can apply to identifying information to another party, contact with that party, or both

There is no veto provision for adoptions finalised under the Adoption of Children Act 1994 (i.e. after 1994)




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