Adoption Act 1976

51 Disclosure of birth records of adopted children. E+W

(1) Subject to [F1 what follows], the Registrar General shall on an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who has attained the age of 18 years supply to that person on payment of the prescribed fee (if any) such information as is necessary to enable that person to obtain a certified copy of the record of his birth.

(2) On an application made in the prescribed manner by an adopted person under the age of 18 years, a record of whose birth is kept by the Registrar General and who is intending to be married in England or Wales, and on payment of the prescribed fee (if any), the Registrar General shall inform the applicant whether or not it appears from information contained in the registers of live births or other records that the applicant and the person whom he intends to marry may be within the prohibited degrees of relationship for the purposes of the M1 Marriage Act 1949.

[F2 (3) Before supplying any information to an applicant under subsection (1), the Registrar General shall inform the applicant that counselling services are available to him—

(a) if he is in England and Wales—

(i) at the General Register Office;

(ii) from the local authority in whose area he is living;

(iii) where the adoption order relating to him was made in England and Wales, from the local authority in whose area the court which made the order sat; or

(iv) from any other local authority;

(b) if he is in Scotland—

(i) from the regional or islands council in whose area he is living;

(ii) where the adoption order relating to him was made in Scotland, from the council in whose area the court which made the order sat; or

(iii) from any other regional or islands council;

(c) if he is in Northern Ireland—

(i) from the Board in whose area he is living;

(ii) where the adoption order relating to him was made in Northern Ireland, from the Board in whose area the court which made the order sat; or

(iii) from any other Board;

(d) if he is in the United Kingdom and his adoption was arranged by an adoption society—

(i) approved under section 3,

(ii) approved under section 3 of the M2 Adoption (Scotland) Act 1978,

(iii) registered under Article 4 of the M3 Adoption (Northern Ireland) Order 1987,

from that society.

(4) Where an adopted person who is in England and Wales—

(a) applies for information under—

(i) subsection (1), or

(ii) Article 54 of the Adoption (Northern Ireland) Order 1987, or

(b) is supplied with information under section 45 of the Adoption (Scotland) Act 1978,

it shall be the duty of the persons and bodies mentioned in subsection (5) to provide counselling for him if asked by him to do so.

(5) The persons and bodies are—

(a) the Registrar General;

(b) any local authority falling within subsection (3)(a)(ii) to (iv);

(c) any adoption society falling within subsection (3)(d) in so far as it is acting as an adoption society in England and Wales.

(6) If the applicant chooses to receive counselling from a person or body falling within subsection (3), the Registrar General shall send to the person or body the information to which the applicant is entitled under subsection (1).

(7) Where a person—

(a) was adopted before 12th November 1975, and

(b) applies for information under subsection (1),

the Registrar General shall not supply the information to him unless he has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in subsection (3).

(8) Where the Registrar General is prevented by subsection (7) from supplying information to a person who is not living in the United Kingdom, he may supply the information to any body which—

(a) the Registrar General is satisfied is suitable to provide counselling to that person, and

(b) has notified the Registrar General that it is prepared to provide such counselling.

(9) In this section—

• “a Board” means a Health and Social Services Board established under Article 16 of the M4 Health and Personal Social Services (Northern Ireland) Order 1972; and

• “prescribed” means prescribed by regulations made by the Registrar General.]

Extent Information

E1 The extent of this provision as originally enacted in s. 74(3) was amended (14.10.1991) by 1989 c. 41, ss. 88, 108, Sch. 10 para. 31(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Textual Amendments

F1 Words in s. 51(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 20(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F2 S. 51(3)–(9) substituted for s. 5(3)-(7) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 20(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1949 c. 76(49:1).

M2 1978 c.28(49:11).

M3 S.I. 1987/2203 (N.I. 22).

M4 S.I. 1972/1265 (N.I. 14).