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PART 2DISCLOSURE OF INFORMATION

Disclosure of information to adopted person

3.—(1) Where an adopted person who has attained the age of 16 years, if in Scotland, or 18 years, if in England or Wales, requests adoption support services under section 9 (assessment of needs for adoption support services) of the Act, or is seeking information under section 60 (disclosing information to adopted adult), 61 (disclosing protected information about adults) or 62 (disclosing protected information about children) of the 2002 Act, an adoption agency must disclose any information, which it has relating to that person’s adoption, to that adopted person.

(2) Where an adopted person has not yet attained the age of 16 years, if in Scotland, or 18 years, if in England or Wales, an adoption agency may disclose the information, which it has relating to that person’s adoption, to that adopted person if the agency thinks it appropriate to do so.

(3) In considering whether it is appropriate to disclose or withhold information under paragraph (2) the adoption agency must consider—

(a)the views of the adopted person, taking into account the person’s age and maturity;

(b)the views of the adopted person’s adoptive parents, insofar as it is practicable to obtain their views; and

(c)the welfare of the adopted person.

(4) Notwithstanding paragraph (3) information must not be disclosed to the adopted person under paragraph (2) if that information could, whether taken on its own or together with other information held by the adopted person, identify the adopted person’s natural parents or other natural relatives.

(5) Where an adoption agency discloses information in accordance with paragraph (1) or (2) the agency must inform the adopted person of the availability of counselling services.