Adoption and Permanent Care - Making Contact

In the past, adoption was surrounded by secrecy. It is now recognised that it is important for children to have the opportunity to know about their origins, and for birth parents and relatives to know about the child.

Parents whose children are placed outside the family on a permanent basis experience grief and loss which may last for many years. Having contact with, or information about, their child is often very important to them. Most locally born children placed for adoption or permanent care now have some contact with their birth family.

After an adoption consent is signed, the parent is given the opportunity to indicate in writing whether they or a relative want contact with the child after adoption, and if so, how often. The parents are also able to indicate whether they want the child placed with people who agree to have these wishes included in the adoption order. This forms a legally binding basis for dealing with any disputes that arise.

Provisions for access are also included in custody and guardianship orders. Permanent care orders must include conditions regarding access. The type and amount of contact varies, depending on the needs of the child. With Intercountry adoption, information about the child's background may be limited and it may be difficult to establish contact. However, in some situations, there are opportunities for information exchange with the birth family and an increasing number of overseas agencies are assisting adoptees in their search for information. The adoption and permanent care agency attends access visits until the birth parents and permanent parents feel comfortable about
managing the arrangements themselves.

What provisions are there for people affected by adoption to obtain information about each other?

The Victorian Adoption and Family Records Service (A&FRS) located in the Department of Human Services was set up in 1985 following proclamation of the access to information provision of the Victorian Adoption Act 1984. Victoria was the first State in Australia to pass legislation permitting people affected by adoption to obtain information. The service assists people who have been separated by adoption and who wish to obtain information and/or contact one another. The service enables people to place their names on the register, obtain information, search and make contact. It also offers intermediary, counselling and support services. Under Victorian law, adopted people, birth parents and adoptive parents, some birth relatives and children of adopted persons are entitled to apply for information.

The Department of Human Services and each approved agency maintain a register on which eligible parties may request, in writing, that their names, addresses and wishes in relation to obtaining or providing information be recorded. The names and addresses of applicants may not be disclosed without their written consent. Agencies can only release information that they believe is reasonably likely to be true, and which does not unreasonably disclose information relating to the personal affairs of another person. Although information to Intercountry adopted persons may be limited, counselling/support services are available.

Adopted people can apply for a copy of their original birth certificate and information contained in court, agency and/or ward records. This identifying information enables them to conduct their own search and to make contact if they wish. Adopted people over 18 years are entitled to any information about birth parents, siblings and half-siblings that is included in these records.

Adopted people under 18 years can apply for identifying or non-identifying information. The permission of both adoptive parents is needed before any information can be given. The written agreement of the birth parent is needed before identifying information can be given.

Adult children of adopted people have the same rights to information as the adopted person. The adopted person must be notified by the agency of the enquiry unless evidence of their death is supplied.

Birth parents can obtain non-identifying information from records, and obtain identifying information with the agreement in writing of the adopted person or of the adoptive parents if the person is under 18. If a birth father is not named on records, he must sign a statutory declaration stating that he is the father before being included on the register. The records are then checked to see that there is no information to the contrary. Birth parents can request that the agency search for the adopted person or the adoptive parents and seek their views about an exchange of information or contact.

Adoptive parents can obtain non-identifying information from records, and obtain current and identifying information with the permission of the birth parent. If the adopted person is over 18, the agency must notify the adopted person in writing before identifying information is released to the adoptive parents.

Birth relatives (that is, grandparents, brothers, sisters, uncles and aunts of the adopted person), can obtain non-identifying information from records about the adopted person. They can be given identifying information with the agreement of the adopted person, or the adoptive parents if the adopted person is under 18, only if the agency is satisfied this is desirable.

Applicants attend an interview before they can be given information.

What is the purpose of the interview?

Applicants attend an interview before they can be given information. The purpose of the interview is to inform them of the rights and services to which they are entitled. Applicants are also informed whether the Adoption and Family Records Service (A&FRS) has received any enquiries concerning them.

The interview is not a personal assessment. The Adoption and Family Records Service operates on the basis of legislation that gives people certain rights, and entitles applicants to specified information. Discussion about what they are seeking and why they want the information helps many people to prepare for the process and achieve their goals, while taking into account the feelings of other parties involved. The interview is an opportunity for the applicant to become aware of their needs, and the needs and rights of others. Applicants can select whether they prefer a group or individual interview. If they are overseas, interstate or there are other access difficulties, a telephone interview can be arranged.

People who apply have different wishes and needs. Some want to register in case someone is looking for them, some want information only, and some want to find people from whom they have been separated. People vary as to how much support, assistance or counselling they may need. Sometimes we refer people for ongoing counselling if there is trauma related to the adoption that they wish to address. Information about self-help and support groups, which offer ongoing opportunities for discussion of issues to anyone with an adoption experience, is given to all applicants and people with whom the agencies make contact.

What does searching involve?

Most adult adopted people and the adult children of adopted people conduct their search at their own pace. Support is available from the following agencies, the Victorian Adoption Network for Information and Self-Help (VANISH), a network of support groups throughout Victoria, and the Adoption Section at the Registry of Births, Deaths and Marriages. The agency can search on their behalf, where this is considered desirable and with their consent. Agencies carry out searches on behalf of all other applicants. Most people can be found, although there are a small percentage of
unsuccessful searches.

The agencies write to the person sought by the applicant, usually an adopted person, and advise them of the enquiry and invite them to discuss their response. The counsellor acts an intermediary, and responds to the needs and wishes of all parties.

Why does the Adoption and Family Records Service (A&FRS) approach the adult adopted person directly rather than through the adoptive parents?

In the early years of Adoption and Family Records Service, the adoptive parents were always approached first, regardless of the age of the adopted person. The rationale was that if the adopted person was not aware of their adoptive status, this gave the adoptive parents the opportunity to inform them. It also allowed the counsellor to check whether the timing of the approach to the adopted person was appropriate. It was also thought that the adoptive parents had the right to be told as they were part of the original adoption contract.

However during the operation of the A&FRS, adopted persons expressed regret and sometimes anger that they had not been directly approached. In particular they were concerned that their rights to privacy and to choose whether to involve their adoptive parents in the process be respected. Many adopted people also stated that it was difficult for them to deal with their emotional responses and those of their adoptive parents at the same time, and that this affected their ability to come to a decision about contact. In addition, if adoptive parents were unwilling to inform adopted people of the application, it was extremely difficult for practitioners to contact the adopted person, particularly if they were living with their adoptive parents or not on the Electoral Roll.

After considerable debate and discussion among practitioners and self-help groups, it was agreed that there would be direct outreach to adult adopted people. A small percentage of adopted people contacted by the service are unaware of their adopted status. Practitioners believe that although people who learn of their adoption by outreach need some time to come to terms with the information, they are as likely to proceed to obtain information and make contact as other adopted people.

When does A&FRS send enquiry letters to adopted people?

The A&FRS does not automatically send letters to all adopted people. A letter is only sent to an adopted person if an enquiry has been received from their birth family. If the adopted person is under 18, the enquiry letter is sent to the adoptive parents. The A&FRS recognises the sensitive nature of these letters and avoids sending them on birthdays and other family occasions such as Mothers' Day.

Why does the A&FRS contact adopted persons by letter rather than telephone?

Both approaches were used during the early years of practice, and it was concluded that sending a comprehensive letter was preferable to telephoning adopted persons. Receiving information by letter is less threatening and allows the adopted person time and space to reach a decision. A letter can include facts about the person's rights and privacy that can be kept and referred to later. With telephone outreaches it is often difficult for people to talk freely, and there is a tendency for people to become confused afterwards, particularly when influenced by the negative reactions of others.

What happens when parties meet?

Parties to adoption who obtain information through an Adoption and Family Records Service often wish to undertake a search to locate the person concerned. However, not all wish to meet, and of those who meet, not all wish to establish an ongoing relationship. There is no set pattern of relationships after reunion occurs. In some cases, the adopted person and birth family incorporate each other into the life of their extended family, while in others contact becomes infrequent.