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6. I have a veto in place

I have a veto in place and I am concerned about someone getting identifying information about me from the adoption file?

Answer

While your veto is in place information in the Chief Executive’s possession that would enable you to be traced cannot be released. 

After the end of the 5 year transition period on 17 December 2022, if the other parties apply for it, identifying information about you that is currently held in the adoption file may be made available to them. 

Support is available to you from the Department for Child Protection and the Post Adoption Support Services to help you prepare for this. 

Under section 27 (5) of the Adoption Act, the Chief Executive may exercise discretion not to release information if it is determined that to disclose the information would:

  • be an unjustifiable intrusion on the privacy of the person to whom the information relates
  • give rise to a serious risk to the life or safety of a person
  • in the case of information relating to a person adopted before 127 August 1989 - not be in the best interests of the adopted person, taking into account the rights and welfare of the adopted person.

The Adoption Act 1988 provides that the Minister may authorise disclosure of any information even if a veto is in place if that disclosure is necessary in the interests of the welfare for an adopted person. This is only under very exceptional circumstances and rarely occurs.