Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Schedule 2: Disclosure of Birth Records by Registrar General

350. In the case of adoptions taking place before the provisions for the disclosure of information under sections 56 to 65 are enacted, Schedule 2 places a duty on the Registrar General to supply an adopted person, on application and subject to certain conditions including payment of a fee, with information to enable him to obtain a certified copy of the record of his birth (paragraph 1).

351. Paragraph 2 provides that before the Registrar General gives any information to an applicant, the Registrar General must inform the applicant that counselling services are available to the applicant, and where they may be obtained from.  If the applicant chooses to receive counselling, the Registrar General must send to the person or body providing the counselling the information to which the applicant is entitled.

352. Under paragraph 2 counselling is available at the General Register Office, or from a local authority in England, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, a Board in Northern Ireland, a registered adoption society or a Scottish adoption agency under the Act or a registered adoption society under Article 4 of the Adoption (Northern Ireland) Order 1987, or a registered adoption support agency.  The persons or bodies listed in paragraph 3 are to be obliged to provide counselling if asked by the adopted person.

353. Paragraph 4(1) provides that where a person applies for information under this Schedule and was adopted before 12^th November 1975, the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available.  Paragraph 4(2) provides that where the Registrar General is prevented by paragraph 4(1) from giving information to a person who is not living in the United Kingdom, he may give the information to any body which he is satisfied is suitable to provide counselling to that person, and which has notified the Registrar General that it is prepared to provide such counselling.