Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Part 1 – Adoption

Chapter 3  - Placement for Adoption and Adoption Orders

Section 60: Disclosing information to adopted adult

170. Section 60 makes provision for the disclosure of information held by adoption agencies and courts to adopted adults.  It gives the adopted adult the right under subsection (2)(a) to receive any information held by the adoption agency necessary to enable him to obtain a certified copy of his birth record, unless the High Court orders otherwise.  Under subsection (3), the High Court may allow the adoption agency to withhold this information if it believes that the circumstances are exceptional.  An example of when the High Court may exercise this power is where it is considered that disclosure would lead to a serious crime being committed.  Subsection (2)(b) allows the adopted adult to receive prescribed information his adoptive parents received under section 54. Under subsection (4) the adopted person has the right to request from the court a copy of a prescribed document or prescribed order relating to his adoption.  The documents will be prescribed in rules made by the Lord Chancellor.  Under subsection (5) the documents which the adopted person may request from the court will not contain protected information.