Reply from Hon Phil Reeves, Minister for Child Safety to our letter in regards to Mothers obtaining an Original Birth Certificates at the time their babies were born, and before adoption order was in place.

Hon Phil Reeves
Member for Mansfield.
Minister for Child Safety and Minister for Sport.

20 FEB 2012

Adoption Loss Adult Support Australia Inc

Thank you for your letter of 30 January 2012 concerning the effect that the provisions of the now repealed Adoption of Children Act 1964 had on the issuing of original birth certificates.

There were no provisions contained in the repealed Act preventing a child's birth parents from applying for and purchasing a copy of their child's birth certificate before an adoption order was made. As you would be aware, in past decades many children were adopted approximately 10 days after their parents consented to the child's adoption. It appears that birth parents may not have been informed that they were entitled to apply for a copy of their child's birth certificate prior to the child being adopted and that consideration may not have been given as to whether a child's birth parents may wish to apply for their child's birth certificate after consenting to the adoption and prior to the child being adopted. Although this appears to be the case, I cannot confirm what occurred as only minimal records about adoption practices in Queensland in past decades remain.

I am able to advise that under the repealed Adoption of Children Act 1964, the Registry of Births, Deaths and Marriages was provided with information about all adoption orders made in Queensland and were required to keep an Adopted Child Register. If the adopted child was born in Queensland, the Registry was required to seal the child's original birth certificate when advised of the adoption. After sealing the original certificate, the Registry was required to issue an amended birth certificate for the child including the child's adoptive name and listing the adoptive parents as the child's parents. After an adoption order was made, the child's original birth certificate remained sealed, thereby preventing any person, including the child's birth parents, from being able to access the certificate without authorisation from the Chief Executive (after the adopted person reached 18 years of age) or an order of the Supreme Court in limited circumstances.

I appreciate how important it is for birth parents who have consented to their child being adopted in Queensland, to be able to have a copy of their child's original birth certificate to document their relationship with the child and the child's birth.

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This issue was considered when developing the Adoption Act 2009, which commenced on 1 February 2010 in Queensland and replaced the repealed Adoption of Children Act 1964. Under the current Act, a birth parent continues to be able to apply for and purchase a copy of his or her child's original birth certificate from the Registry of Births, Deaths and Marriages before an adoption order is made. In addition, under the Act, birth parents are now entitled to obtain a copy of their child's original birth certificate at any time after an adoption order is made. If a birth parent makes a request to Adoption Services Queensland for authorisation to obtain a copy of his or her child's original birth certificate, Adoption Services Queensland must provide the parent with the authorisation. The birth parent may then present the authorisation to the Registry of Births, Deaths and Marriages and apply for and purchase a copy of the child's original birth certificate. Upon receipt of an authorisation and application, the Registry of Births, Deaths and Marriages must provide the birth parent with a copy of the child's original birth certificate.

Another provision within the Adoption Act 2009 now enables a birth parent and a child's adoptive parents, where both parties agree, to receive identifying information about each other and authorisation to obtain a copy of the child's amended or original birth certificate, as applicable, before the child is 18 years of age. Once an adopted child reaches 18 years of age, Adoption Services Queensland is able to authorise the Registry to provide a birth parent with his or her child's amended birth certificate, without first requiring permission from the adoptive parents.

I would also like to take this opportunity to acknowledge the support you and members of Adoption Loss Adult Support Australia Inc provide to people affected by adoption and to thank you and your members for your input into the development of the Adoption Act 2009.

If you require any further information or assistance in relation to this matter, please contact Ms Kathryn Scott, Acting Manager, Quality Care Programs, Child Protection Development, Communities, Child Safety, Youth and Families, Department of Communities on
3247 3693.

I trust this information is of assistance.

Yours sincerely

Phil Reeves MP
Minister for Child Safety
and Minister for Sport
Member for Mansfield
111 George Street Brisbane
GPO Box 806 Brisbane Queensland 4001 Australia
Telephone +61 7 3224 7477
Facsimile +61 7 3210 2190
Email childsafety@minsterial.qld.gov.au
Website www.childsafety.qld.gov.au