YARMOUTH, N.S. — Those who turned out for a public consultation session in Yarmouth about open adoption records were told it’s a sensitive subject with differing views – and strong views at that.
Nova Scotians are being asked their thoughts on open adoption records. Janet Nearing, who led the consultation session as a sub-contractor through KPMG, told the Nov. 28 afternoon session the goal is put together a concise report to government with “as clear a view as we can.”
Those who attended the Yarmouth session generally shared the same views on the questions that were posed, which mirrored questions included in an online survey that is part of the consultations. That survey closes Jan. 3.
Because people are promised confidentiality during the consultation process, names were not used during the session.
Adoption records in Nova Scotia have been sealed since the mid-1940s. About 31,800 adoptions have been granted since the mid-1940s. In 1996, the Nova Scotia government passed the Adoption Information Act – the goal being to balance the right to know with the right to privacy. The Adoption Disclosure Program was created to give access to background and medical information, but not identifying information of adopted persons, birth parents and adoptive parents. It was pointed out the information released is only what was collected at the time the adoption occurred, not updates from throughout the years. The act does let adopted persons and birth parents share identifying information with everyone’s consent.
Since 1996 there have been no major changes to the act. Nova Scotia and P.E.I. are the only provinces in Canada not to have open adoption records, although earlier this month the P.E.I. government tabled legislation to open up the province’s records.
Even with open adoption records there are tools to keep information private. One tool is a disclosure veto, meaning a person has requested that no information about them be released. A veto can be filed any time, before the person who was adopted turns 19. A veto does not have to be permanent. A person can change their mind and have it removed.
There can also be a contact notice as part of open adoption records, meaning the person has agreed to information being provided, but they do not want to be contacted or they spell out how contact can be made.
Asked if it was felt the current N.S. law gives enough access to information, the feedback at the Yarmouth session was it does not.
Asked if people thought changes should include that identifying information should be shared without consent, the majority present said yes.
“I think it should be shared without consent because it’s too easy to just say no,” said one person, who said the adoptee is often seeking hereditary medical information.
Another person, who was adopted, said it is important for information to be shared without consent although she acknowledged there may be traumatizing reasons behind an adoption so a disclosure veto should be an option.
“I can understand not wanting to have information released,” she said. “But in lieu of a veto being there, information should be shared without consent.”
It was stated during the session that times and attitudes about adoptions and the reasons for them have changed over the decades, and this has led to changes in the levels of openness – but not enough openness to keep records closed.
“Every person has the right to know who they are and where they come from,” was a comment shared. Another person whose adoption was a family adoption said she cannot even receive a copy of her long-form birth certificate. “That’s very important, it belongs to me. It’s my heritage,” she said.
If the province moves forward with open adoption records, one person said there needs to be support services in place at many stages for adoptees and parents, from navigating the system to providing support for meetings between people and their biological parents.
“Then there’s all the post meeting things, and dealing with rejection or discovering facts that you never thought would come to you,” the person said. “Those can be mentally draining and very difficult for people to process.”
The Yarmouth session was the third of 11 scheduled sessions in the province. The sessions end Dec. 10. There will be a public report sharing information that was gathered through the consultations. There was no timeframe provided on the report that will go to the government.
Quick Facts:
• To see the online survey, read the discussion paper and to learn more about how to provide feedback via mail or email go to, https://novascotia.ca/adoption-records-consultation/
• Open adoption records mean that identifying information about one of the parties to an adoption, either an adult adopted person or a birth parent, can be released without consent, unless the birth parent or adult adopted person has filed a disclosure veto.
• A disclosure veto allows a birth parent or adoptee to register in advance so that identifying information about them cannot be released. A disclosure veto can also be removed. A disclosure veto expires upon the person’s death.
