Adoption Search Blog

02/06/07

Ontario Adoption Disclosure Act Part 2

Posted by : Karen Sterner in Adoption Search Blog at 08:18 pm , 306 words, 232 views  
Categories: Open Records


Ms. Stevens fears that the result of this legislation that there will be natural parents who have no choice but to live their lives in fear of their secret being found out by other members of their family or friends.

The article goes on to say that there are adopted children who as adults may be unaware that they had been adopted and are happy with their lives the way they have chosen to live them without knowing their natural parents.

The article discusses the application filed in the Ontario Superior Court last October they argue by amending the province’s Vital Statistics Act to disclose adoption related records without the other person’s consent, the Adoption Information Disclosure Act provides a “unilateral and presumptive right to access.” The application further states by impinging on the applicants right to have their personal information remain private be removing their right to control the dissemination of personal information and through an adoption disclosure regime that results in state imposed psychological harm. The law violates the rights to security of the person and the liberty found under section 7 of the Charter of Rights and Freedoms.

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The article discusses how the government’s position is that adoption can be stigmatizing and that part of the stigmatization is when you keep it all secret so they are going to let natural parents and adoptees have access to each other’s records.

Some are questioning why the government is undoing the promise of confidentiality made decades ago and feel that they have a reasonable expectation of privacy under the charter.

Other provinces in Canada that has enacted similar legislation has included a veto where one of the parties involved in the adoption can decline to have their personal information share with either their natural parents or the child put up for adoption.

Comments, Pingbacks:

Comment from: bitsy [Member] Email
Why is no-one challenging the various obvious fact that anyone that filled out any information on the adoption paperwork when they gave the child up, is now being completely betrayed by their own government with the adoption disclosure act in Ontario? This is a huge breach in the promise that was made at the time (in Ontario) and now without any regard for the lives that people may be trying to lead, an adoptive child can find the family of a birth mother or father, without their consent! Don't tell me there is a safeguard- that is baloney. The government will decide if there is "harm" from the release of the information?? How can the government quantify the harm? The Right to Know is so frighteningly a Right to Life I can't believe more people have not made the connection. So now, as a birth mother or father, I am being punished by having my privacy stripped away. I have no rights in exchange for the birth child now having all the rights - this is so twisted it is beyond belief. All of you out there looking for your birth family because you "have to know where you came from" and feel you have a right to know your family should really stop and just be thankful that you "are" at all. Some people view abortion as an option for unplanned pregnancy and so you should consider that someone or some couple went through very very difficult hours and days thinking about nothing BUT you and what to you. Then after actually going through with the adoption we have spent every day since then questioning our selves and your path. There are agencies, systems, businesses and services that link up parents and children when both are looking - why must all of us who were promised that the hell was over, that we were doing the right thing and it would be sealed, why must we now live that hell again? Chances are it impacted our family life and sanity the first time and now it is back and it has the support of government thanks to Marilyn Churley and her abuse of a political position to further a personal gain. Your right to know and right to life are different, and quite separate. You don't have to knock and some stranger’s door to hear "I always loved you" that fact that you are here means that they loved you enough to have you. You have always been loved. Please stop and think about what you are pushing for. Medical history is valid but is not the predominant motivation in seeking birth parents. You have no idea what it took to give you up, why must you drag us through it again. If the government can revoke something like this, it begs the question about what else can revoked, denied and undone by the very people we elect, and systems we pay taxes to.
PermalinkPermalink 03/29/07 @ 17:59
Comment from: tawni [Member] Email
Bitsy (and other birth parents)...
As an adoptee-I too am very fearful of this new "privacy violation". My birth parent knew of my birth and chose (the right thing) to relinquish their right to me. It frightens me now that not only are they able to get the adoption order-without MY permission. Even if I file for a No-Contact order-they still get my information as long as they sign a form that they will not contact me! The old way of "registering" for information was great-done through a third party and you'd recieve information only if both agreed. This sounds a lot like reverse billing-why do we have to prove why we DON'T want them to have this information (works for both adoptee and birth parent). I mean, when I return something at a retail store I have more protection. On the CBS website I noticed there is a lawsuit pending to block this final phase of invasion- I will look into it further (belive it or not-I have just heard of these changes as of yesterday!).
I admire the sacrafices of the birthmothers (and Fathers) and have meet (through the positive old system) my birth Mother. I can never thank her enough for her gift. But the decision to meet was both of ours through a third party (children's aid). I didn't have to worry about her showing up one day, or following my children home from school (like I do now for my Biological Father). I will be working very hard now to STOP this invasion of all of our rights!
PermalinkPermalink 04/09/07 @ 05:53
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