Birth and Adoption Records Regulation

Birth and Adoption Records Regulation, M.R. 73/2015 The Adoption Act , C.C.S.M. c. A2 Regulation 73/2015 Registered May 22, 2015 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application for documents or information 3 Information about adopted aboriginal person 4 Registering on post-adoption registry 5 Limits on search 6 Changes in information on the registry 7 Termination of disclosure veto on death 8 Incapacity of adopted person or pre-adoption birth parent 9 Repeal 10 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Adoption Act . («  Loi  ») "nearest relative" means, with respect to a person, (a) the adult person who is mentally competent and first listed in the following series: (i) a spouse, unless there is a common-law partner, (ii) a common-law partner, (iii) a child, (iv) a parent, (v) a sibling, (vi) a grandparent, (vii) a grandchild, (viii) an uncle or aunt; or (b) where no person qualifies under clause (a), the Public Guardian and Trustee. (« plus proche parent ») APPLICATIONS FOR BIRTH AND ADOPTION RECORDS Application for documents or information 2 A person who applies to the director for a document or information under sections 107.1 to 107.7 of the Act must do so in writing and in the form approved by the director. Information about adopted aboriginal person 3(1) Before the director gives information to a person, government or organization under section 107.5 of the Act, the person, government or organization must agree (a) to maintain confidentiality with respect to the information; (b) to use the information only for the purpose for which it is given; and (c) to not further disclose the information without the written approval of the director. 3(2) The agreement must be in writing and in a form acceptable to the director. POST-ADOPTION REGISTRY Registering on post-adoption registry 4(1) A person who is entitled under sections 118 to 119.1 of the Act to register on the post-adoption registry to request a search by the director may apply in writing in the form approved by the director. 4(2) The director must examine the application and determine if the person applying to be registered (a) was involved in a Manitoba adoption for which the director has a record; and (b) is entitled to be registered on the post-adoption registry. 4(3) The director may request that the person applying to be registered provide further information for the purpose of ascertaining his or her identity and relationship to the person with whom the person applying to be registered wishes to exchange identifying information or have personal contact. 4(4) On acceptance of the application for registration, the director shall record the information provided on the post-adoption registry and cross-reference it with the appropriate records. Limits on search 5 For the purposes of sections 119.3 and 119.4 of the Act, the director must determine if an applicable openness agreement, disclosure veto, contact veto or contact preference has been filed with respect to the adoption identified by the person who is registered on the post-adoption registry. Changes in information on the registry 6(1) A person who is registered on the post-adoption registry must notify the director of any change in the person's name or contact information. 6(2) If the director is satisfied (a) that an error or an omission exists with respect to the information submitted for registration on the post-adoption registry; and (b) the information proposed to be recorded on the registry should be recorded on the registry; the director may correct the error or add the omitted information. GENERAL Termination of disclosure veto on death 7(1) For the purpose of subsection 112(6) of the Act, the director must be satisfied that the person who filed the veto has died. 7(2) In the absence of proof to the contrary, a person who filed a disclosure veto is deemed to have died 100 years after the date of his or her birth. Incapacity of adopted person or pre-adoption birth parent 8(1) If an adopted person, or a parent named in a pre-adoption birth registration, as the case may be, is incapable of (a) applying for a specified document or information under Part 4; or (b) filing a specified document on the post-adoption registry; the person's nearest relative may do so on his or her behalf, in accordance with subsection (2). 8(2) The nearest relative must provide the director with the following information: (a) a letter or other evidence acceptable to the director from a physician licensed to practice medicine in the jurisdiction where the adopted person or the parent named in the pre-adoption birth registration resides setting out his or her opinion that the adopted person or the parent named in the pre-adoption birth registration, as the case may be, is mentally incapable of understanding the nature and effect of applying for the specified document or information under Part 4 or filing the specified document on the post-adoption registry; (b) proof of the nearest relative's relationship to the adopted person, or the parent named in the pre-adoption birth registration, as the case may be. Repeal 9 The Post-Adoption Registry Regulation , Manitoba Regulation 22/99, is repealed. Coming into force 10 This regulation comes into force on the same day that The Adoption Amendment and Vital Statistics Amendment Act (Opening Birth and Adoption Records) , S.M. 2014, c. 25, comes into force.