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

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)