(b) obtain as much information as possible about the medical and social history of the child and the birth family and share this information with the prospective adoptive parent; and (c) conduct a homestudy to determine the suitability of the prospective adoptive parent to be an adoptive parent, and the capability and willingness of the applicant to assume the responsibilities of a parent towards the child. Consideration of homestudy previously prepared 57 In making a determination under clause 56(c), the agency may consider a homestudy of the prospective adoptive parent previously prepared by a child and family services agency or an adoption agency. Copy of homestudy 58 The prospective adoptive parent is entitled to receive a copy of a homestudy referred to in clause 56(c) or section 57. Placement approved 59 Where the agency determines that the prospective adoptive parent is suitable and capable of being an adoptive parent, the agency shall approve the placement of the child with the applicant and advise the parties and the director. Placement not approved 60 Where the agency determines that the prospective adoptive parent is not suitable or not capable of being an adoptive parent, the agency shall not approve the placement of the child with the applicant and shall advise the parties and the director of its decision. Review by director 61 Where the agency does not approve the placement of the child with the prospective adoptive parent, the prospective adoptive parent may request the director to review the matter, and the director's decision is final. WHEN CHILD MAY BE PLACED FOR ADOPTION Placement after consents given 62(1) A child shall not be placed with a prospective adoptive parent until (a) each person required to consent to the adoption under clause 13(a) has done so; and (b) the agency approves the placement of the child with the prospective adoptive parent under section 59. Exception 62(2) Despite subsection (1), the director may approve the placement of a child with a prospective adoptive parent before the consent to the adoption required under clause 13(a) is given if (a) in the opinion of the director, it is in the child's best interests to be placed for adoption without delay; (b) the agency approves the placement under section 59; (c) no person required to give a consent is willing or able to care for the child until the consent is given; and (d) each person required to give a consent, consents in writing to the transfer of the child to the prospective adoptive parent. Date of placement 63 The day on which a child is transferred to the care of the prospective adoptive parent is the date of placement. Supervision of placement following approval 64 The agency that approved the placement under section 59 shall supervise the placement of the child with the prospective adoptive parent until the order of adoption is made. APPLICATION FOR ADOPTION ORDER Application for order of adoption 65(1) An application to the court for an order of adoption under this Division shall be made in the prescribed form no earlier than 30 days and no later than six months after the date the last consent required under clause 13(a) was given. Extension of time 65(2) Where there is a valid reason to do so, a judge or associate judge may extend the time for applying for an order of adoption under subsection (1). S.M. 2023, c. 34, s. 48 . Service of application for order of adoption 66 At least 30 days before the date fixed for the hearing, the applicant shall serve a copy of the application on (a) the agency that approved the placement under section 59; (b) each person whose consent to the adoption is required under clause 13(a); (c) the director; and (d) any other person that a judge or associate judge may direct. S.M. 2023, c. 34, s. 48 . Documents in support of application 67 An application for an order of adoption under this Division shall be supported by (a) an affidavit of the applicant which includes the name, age, address and marital or relationship status of the applicant; (b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that no notice of application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given; (f) certification by the director that a withdrawal of consent under subsection 22(1) was not served; and (g) a report from the agency that supervised the placement under section 59, which includes (i) the family and developmental history of the child, identified by adoptive name and birth registration number only, (ii) a summary of the matters determined under clause 56(c), and (iii) the recommendation of the agency; and, where applicable, by (h) the death certificate of the applicant's spouse or common-law partner; (i) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (j) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . Order of judge 68 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parent who gave the consent to the adoption; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 3 INTERCOUNTRY ADOPTIONS ADOPTIONS WITHIN THE SCOPE OF THE HAGUE CONVENTION Hague Convention adoption 69 The Intercountry Adoption (Hague Convention) Act applies to an adoption to which the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption applies. Conversion of adoption 70(1) On application by a person resident in Manitoba, a judge may make an order converting an adoption referred to in Article 27 of the Convention to have the effect of an adoption under this Act. Documents in support of application 70(2) An application for an order under this section shall be supported by (a) the consent or certification that the consent required under Article 27 of the Convention has been given; and (b) certification of conformity required under Article 23 of the Convention. ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION Application for placement from another country 71(1) A prospective adoptive parent who has been placed on the central adoption registry may request that they be considered for the placement of a child who resides in another country and who is legally available for adoption. Provisions of Division 1 apply 71(2) Where the prospective adoptive parent agrees to accept the placement of a child from another country, the provisions of Division 1 apply. Application in another country 72(1) A person who is applying in another country to adopt a child shall notify the director and the director shall, (a) verify that the application has been completed and accepted by a court of competent jurisdiction in the other country; (b) verify that the government of the country where the child resides supports the application and the adoption of the child; and (c) provide supporting documentation required by the authorities of the child's country of residence in order to facilitate the finalization of the adoption in the other country, which may include a homestudy. Copy of homestudy 72(2) If a homestudy is prepared under clause (1)⁠(c) the prospective adoptive parent is entitled to receive a copy of it. DIVISION 4 DE FACTO ADOPTIONS Application 73(1) An application for an order of adoption may be made in the prescribed form (a) jointly by two persons who are married to each other, by common-law partners, or by any two persons, where at the time the application is made (i) they are jointly caring for and maintaining the child, and (ii) either applicant has had care and control of the child and has maintained the child for at least two consecutive years; or (b) by a person who at the time the application is made (i) is caring for and maintaining the child, and (ii) has had care and control of the child and has maintained the child for at least two consecutive years. Consent 73(2) A judge may make an order of adoption under this Division without the consent of anyone other than the child if the child is 12 years of age or older. S.M. 2002, c. 24, s. 1 ; S.M. 2008, c. 42, s. 1 . Service of application 74 A person applying for an order of adoption under this Division shall serve a copy of the application at least 30 days prior to the date fixed for the hearing of the application on (a) either (i) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant, or (ii) an adoption agency with jurisdiction in the area where the applicant resides; (b) the parents of the child; and (c) any other person as a judge or associate judge may direct. S.M. 2002, c. 35, s. 32 ; S.M. 2023, c. 34, s. 48 . Investigation by agency 75 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting (a) the suitability of each prospective adoptive parent as an adoptive parent; (b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child; (c) where the application is made jointly by two persons who are not married to each other nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and (d) any other matters the court considers relevant. S.M. 2002, c. 24, s. 1 ; S.M. 2008, c. 42, s. 1 . Documents in support of application 76 An application under this Division shall be supported by (a) an affidavit of the applicant which includes the applicant's name, age, address and marital or relationship status; (b) the birth certificate or registration of live birth of the child; (c) if the child to be adopted is 12 years of age or over, the consent of the child, unless dispensed with by the judge; (d) the report of the agency under section 75; and, where applicable, by (e) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners; (f) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; (g) the death certificate of the applicant's spouse or common-law partner; and (h) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 . Order of judge 77 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parents; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 5 EXTENDED FAMILY ADOPTIONS Definition of "applicant" 77.1 In this Division, "applicant" means (a) one applicant, where an application for an order of adoption is made by one member of a child's extended family; and (b) two applicants, where an application for an order of adoption is made jointly by two members of a child's extended family. S.M. 2002, c. 24, s. 1 . Placement of a child with member of extended family 78 A person entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act may, in accordance with this Division, place a child with one member or jointly with two members of the child's extended family for the purposes of adoption. S.M. 2002, c. 24, s. 1 . Where director's approval required 79 A person who intends to place a child with a member of the child's extended family, or two members jointly, may do so without the approval of the director unless the child is to be placed outside of Manitoba. S.M. 2002, c. 24, s. 1 . Applying for director's approval 80(1) A person who intends to place a child outside of Manitoba for the purposes of adoption under this Division shall apply to (a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the person; or (b) an adoption agency with jurisdiction in the area where the person resides; for approval of the placement by the director. Proposed placement within Canada 80(2) The director may approve a request to place a child outside of Manitoba but within Canada where (a) the agency contacted under subsection (1) confirms that the person applying under subsection (1) was informed about the effect of an adoption; and (b) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed. Proposed placement outside of Canada 80(3) The director shall not approve a request to place a child outside of Canada without first obtaining the approval of the Lieutenant Governor in Council. S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 . Application for order of adoption 81 An application for an order of adoption under this Division may be made in the prescribed form (a) by a member of the child's extended family; or (b) jointly by two members of the child's extended family; and shall be made no later than 12 months after the date the child was transferred to the care and control of the prospective adoptive parent or parents. S.M. 2002, c. 24, s. 1 . Service of application 82 An applicant under this Division shall serve a copy of the application at least 30 days prior to the date fixed for the hearing on (a) each person whose consent to the adoption is required under clause 13(a); (b) the director; (c) either (i) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant, or (ii) an adoption agency with jurisdiction in the area where the applicant resides; and (d) any other person as a judge or associate judge may direct. S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 ; S.M. 2023, c. 34, s. 48 . Investigation by agency 82.1 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting (a) the suitability of each prospective adoptive parent as an adoptive parent; (b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child; (c) where the application is made jointly by two members of the child's extended family who are neither married nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and (d) any other matters the court considers relevant. S.M. 2002, c. 24, s. 1 . Period of residence 83 No adoption order may be made under this Division unless the judge is satisfied that for a period of at least six months before the date of the hearing of the application, (a) the child resided with the applicant; and (b) the applicant has had care and control of the child and has maintained the child. S.M. 2002, c. 24, s. 1 . Time requirements 84 A judge may (a) extend the time for making an application under section 81; or (b) shorten the required length of time referred to in section 83; if satisfied that it is in the best interests of the child to do so. S.M. 2002, c. 24, s. 1 . Documents in support of application 85 An application for an order of adoption under this Division shall be supported by (a) an affidavit of the applicant which includes the applicant's name, age, address, marital or relationship status and relationship to the child; (b) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that no notice of application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given; (f) certification by the director that a withdrawal of consent under subsection 22(1) was not served; (f.1) the report of the agency under section 82.1; and, where applicable, by (g) the death certificate of the applicant's spouse or common-law partner; (h) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (i) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . 86 [Repealed] S.M. 2002, c. 24, s. 1 . Order of judge 87 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parent who gave the consent to the adoption; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 6 ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT Application 88 A person who (a) is married to the parent of a child; or (b) is a common-law partner of the parent of a child; may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them. S.M. 2002, c. 24, s. 1 . Service of application 89 An application under section 88 shall be served, at least 30 days prior to the date of the hearing of the application, or within such other period as a judge or associate judge may allow, on (a) the child's parents; (b) the director; and (c) any  other person as a judge or associate judge may direct. S.M. 2002, c. 24, s. 1 ; S.M. 2023, c. 34, s. 48 . Documents in support of application 90 An application for adoption under this Division shall be supported by (a) an affidavit from the applicants which includes their names, ages, addresses and marital or relationship status; (b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that a withdrawal of consent under subsection 22(1) was not served; and, where applicable, by (f) the death certificate of a deceased parent of the child; (g) the order of a court of competent jurisdiction relating to the custody of the child; (h) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (i) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 . Report of agency 91(1) Subject to subsection (2), the judge hearing an application under this Division may request that a written report respecting (a) the suitability of the applicants as adoptive parents; (b) the capability and willingness of the applicants to assume the responsibilities of parents towards the child; and (c) any other matters the judge considers relevant; be provided by the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant and that agency shall comply with the request. Applicant's preference 91(2) If the applicant has a preference that an adoption agency with jurisdiction in the area where the applicant resides provide the report referred to in subsection (1), that adoption agency shall (a) be requested to provide the report; and (b) comply with the request. S.M. 2002, c. 35, s. 32 . Application for access 92(1) The parent with whom the child is not living may apply to the court for an order granting access to the child. Access order 92(2) An application under subsection (1) may be heard either as part of the application for adoption under this Division or as a separate application after the adoption order has been granted, and the judge hearing the application may grant the access with or without conditions. S.M. 2002, c. 24, s. 1 . DIVISION 7 ADOPTION OF AN ADULT Application 93 An application to adopt an adult shall be made in the prescribed form. Conditions for adoption of adult 94(1) A judge may make an order of adoption of an adult without the consent of anyone, except the person to be adopted, as long as (a) the person adopting is older by a reasonable number of years than the person to be adopted; and (b) the reason for the adoption is acceptable to the judge hearing the application. Support during minority to be considered by judge 94(2) Where an application is made to adopt an adult the judge shall take into consideration, in addition to any other relevant considerations, whether the care, support and control of the person to be adopted has been provided by the person applying to adopt for a reasonable time during the minority of the person to be adopted. Director not served 95 An order of adoption of an adult may be made (a) without service of the application for adoption on the director; and (b) without requiring a report from an agency. Documents filed in support of application 96 An application for an order of adoption under this Division shall be supported by (a) the consent of the person to be adopted; (b) the birth certificates of the person to be adopted and of the applicant; and, where applicable, by (c) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (d) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (e) the death certificate of the applicant's spouse or common-law partner. S.M. 2002, c. 24, s. 1 . Effect of order 97 An order of adoption made with respect to an adult has the same effect as an order of adoption made with respect to a child. PART 4 CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTRY Definitions 98 In this Part, "contact preference" means a document filed on the post-adoption registry under section 113.1, or on a registry in another jurisdiction, which describes the contact, if any, that a person wishes to have with another person respecting an adoption; (« acceptation limitée de prise de contact ») "contact veto" means a document that was filed on the post-adoption registry under the former Act, or on a registry in another jurisdiction, stating that a person does not wish to be contacted by another person respecting an adoption; (« refus de prise de contact ») "disclosure veto" means a document filed (a) on the post-adoption registry in relation to an adoption under the former Act, and includes a notation on the post-adoption registry made before March 15, 1999, or (b) on a registry in another jurisdiction, which prohibits the disclosure of identifying information about the person who filed the veto; (« refus de communication ») "identifying information" means information in a record which reveals the identity of a person or which sets out the circumstances surrounding an adoption; (« renseignement signalétique ») "non-identifying information" means information in a record about a person which does not reveal the person's identity but which reveals non-identifying characteristics such as year of birth, ethnic origin, physical description, education level, religion and health history; (« renseignement non signalétique ») "pre-adoption birth registration" means the pre-adoption registration of birth document of a person who is subsequently adopted and any related pre-adoption and birth registration documents that are maintained by (a) the Director of Vital Statistics under clause 10(3)⁠(a) of The Vital Statistics Act , or (b) a person responsible for the registration of births in another jurisdiction; (« bulletin d'enregistrement de naissance antérieur à l'adoption ») "substituted registration of birth" means the registration of birth document that under clause 10(5)⁠(b) of The Vital Statistics Act replaces a pre-adoption birth registration; (« bulletin d'enregistrement de naissance de substitution ») "undertaking" means a document, in a form approved by the director, signed by a person and stating that they agree to abide by the terms of a contact veto or contact preference. (« engagement ») S.M. 2014, c. 25, s. 4 . Conflict with other Acts 99 In the case of a conflict between any provision of this Part and a provision of either The Freedom of Information and Protection of Privacy Act or The Protecting and Supporting Children (Information Sharing) Act , the provision of this Part prevails. S.M. 2014, c. 25, s. 5 ; S.M. 2016, c. 17, s. 11 ; S.M. 2020, c. 21, s. 228 . ADOPTION PROCEEDINGS Adoption proceedings closed to public 100(1) Subject to subsection (2), court proceedings with respect to an adoption must be closed to the general public, but must be open to media representatives unless the court, on application, is satisfied that the presence of media representatives would be manifestly harmful to any person involved in the proceedings. Proceedings re offences 100(2) The prosecution of an offence under Part 5 must be open to the general public unless a judge on the application of a person who is involved in the proceeding or a portion of the proceeding is satisfied that (a) conducting the proceeding or the portion in public would be significantly harmful to a person; and (b) conducting the proceeding or the portion in private would not be contrary to the proper administration of justice; and where the judge is so satisfied, the judge may order that the proceeding or the portion be closed to the public or a portion of the public and conducted in private. Reporting not to identify persons involved 100(3) No person shall disclose the name of a birth parent, an adoptive parent, an adoptee or any person involved in a proceeding under this Act as a party or a witness, or disclose any information likely to identify any such person. S.M. 2014, c. 25, s. 6 COURT RECORDS Court records are confidential 101 All records of the court relating to the granting of an order of adoption shall be confidential. Court order required to search court records 102(1) No person shall examine or make a copy of a court record relating to the granting of an order of adoption except by an order of a judge or associate judge after reasonable notice is given to the director. Court may issue certified copy of order 102(2) Despite subsection (1), the court may on written request issue a certified copy of an order of adoption to (a) an adoptive parent to whom the order of adoption relates; (b) an adult adoptee to whom the order of adoption relates; or (c) the director for the purpose of carrying out responsibilities under this Act; but where the original surname of the child appears on the order of adoption, the original surname shall be deleted from the certified copy and the birth registration number or other identification acceptable to a judge or associate judge shall be substituted for the surname. S.M. 2014, c. 25, s. 7 ; S.M. 2023, c. 34, s. 48 . ADOPTION RECORDS IN CUSTODY OR CONTROL OF DIRECTOR OR AGENCY Records of director or agency 103(1) All records, whether made before or after the coming into force of this Act, relating to the granting of an order of adoption that are in the custody or under the control of (a) the director; (b) a child and family services agency; or (c) an adoption agency; are confidential, and access to and disclosure of information in these records may be given or made only in accordance with this Act. Records to be maintained separately 103(2) Following the granting of an order of adoption the records referred to in subsection (1) shall be maintained separately in a secure manner in accordance with the regulations. Exception re disclosure of identifying information 104(1) Identifying information in a record referred to in subsection 103(1) may be disclosed as follows: (a) when giving evidence in proceedings in court under this Act; (b) where required by an order of any court in Manitoba, to the person named in the order; (c) to the director or an agency, an employee of or consultant to the director or an agency, or a student placed with the director or an agency under an agreement with an educational institution, where disclosure is necessary for (i) the performance of a duty or the exercise of a power, or (ii) the provision of services under The Child and Family Services Act or the provision of adoption services under The Adoption Act to a person who is the subject of the record, with the consent of that person or a parent acting on behalf of a child; (d) to the Advocate for Children and Youth where disclosure is necessary for the performance of a duty or the exercise of a power; (e) where disclosure is necessary for the safety, health or well-being of a person, with the approval of the director in writing; (f) where disclosure is necessary for the purpose of allowing a person to receive a benefit or service with the approval of the director in writing; or (g) where disclosure is required for purposes of this Act. Exception re disclosure of non-identifying information 104(2) Non-identifying information in a record referred to in subsection 103(1) (a) may be disclosed in the circumstances and to the persons set out in clauses (1)⁠(a) to (g); and (b) may be disclosed with the written approval of the director or the executive director of an agency, to a person entitled to register on the post-adoption registry under this Part. S.M. 2014, c. 25, s. 8 ; S.M. 2017, c. 8, s. 42 . Exception re disclosure for research purposes 105(1) The director may, in writing, approve disclosure of any information in a record referred to in subsection 103(1) to a person for a bona fide research or statistical project if the director has determined that (a) the research or statistical project is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the information; (b) the research or statistical purpose cannot reasonably be accomplished unless the information is provided in a form that identifies or may identify individuals; (c) it is unreasonable or impractical for the person proposing the research or statistical project to obtain consent from the individuals the information is about; and (d) the research or statistical project contains (i) reasonable safeguards to protect the confidentiality and security of the information, and (ii) procedures to destroy the information or remove all identifying information at the earliest opportunity consistent with the purposes of the project. Agreement required 105(2) The director's approval under this section is conditional on the person proposing the research or statistical project entering into a written agreement with the director or the agency disclosing the information in which the person agrees (a) not to publish the information requested in a form that could reasonably be expected to identify the individuals concerned; (b) to use the information requested solely for the purposes of the approved research or statistical project; and (c) to ensure that the research or statistical project complies with the safeguards and procedures described in clause (1)⁠(d). Restriction on disclosure of vital statistics documents 105.1 Where the director under this Act receives a copy of one of the following documents from the director under The Vital Statistics Act , the director under this Act must not further disclose the document, except in accordance with sections 107.1 to 107.5: (a) a pre-adoption birth registration; (b) a substituted registration of birth; (c) a document relating to an adoption, as referred to in clause 10(3)⁠(b) of The Vital Statistics Act . S.M. 2014, c. 25, s. 9 . Protection from liability 106 No action lies and no proceeding may be brought against the Government of Manitoba, the director, an agency or any person acting for or under the direction of the director or an agency for damages resulting from the disclosure of or failure to disclose, in good faith, all or part of a record under this Part or any consequences of that disclosure or failure to disclose. CONTACT BY THE DIRECTOR Contact by the director 107 In compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with them any information from a record under subsection 103(1) or from the post-adoption registry or obtain from them any necessary information despite a disclosure veto, contact veto or contact preference having been filed: (a) a birth parent; (b) if the birth parent cannot be located, a member of the birth parent's extended family; (c) an adult adoptee; (d) if the adult adoptee cannot be located, a member of the adult adoptee's extended family. S.M. 2014, c. 25, s. 10 . DISCLOSURE OF PRE-ADOPTION BIRTH REGISTRATIONS Disclosure to Adult Adoptee Born in Manitoba and Adopted in Manitoba Application by adult adoptee born and adopted in Manitoba 107.1(1) An adult adoptee who was born in Manitoba and adopted under this Act or the former Act may apply to the director for a copy of the adult adoptee's pre-adoption birth registration. Disclosure of pre-adoption birth registration 107.1(2) The director must give an applicant who complies with section 107.9 a copy of the applicant's pre-adoption birth registration unless a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.1(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant. Exception — contact veto or preference filed 107.1(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . Disclosure to Adult Adoptee Born in Manitoba but Adopted Outside Manitoba Application by adult adoptee born in Manitoba but adopted outside Manitoba 107.2(1) An adult adoptee who was born in Manitoba and adopted in a jurisdiction outside Manitoba may apply to the director for a copy of the adult adoptee's pre-adoption birth registration. Disclosure of pre-adoption birth registration 107.2(2) The director must give an applicant who complies with section 107.9 a copy of the applicant's pre-adoption birth registration unless the director determines, after making reasonable inquiries, that a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.2(3) If the director determines that a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant. Exception — contact veto or preference filed 107.2(4) If the director determines that a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . Disclosure to Parent of Adult Adoptee Born in Manitoba and Adopted in Manitoba Application by parent of adult adoptee born and adopted in Manitoba 107.3(1) If an adult adoptee was born in Manitoba and adopted under this Act or the former Act, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following: (a) the adoptee's pre-adoption birth registration; (b) the substituted registration of birth. Disclosure of birth registration documents 107.3(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the adult adoptee has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.3(3) If the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant. Exception — contact veto or preference filed 107.3(4) If the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee. Identifying information of adoptive parent removed 107.3(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)⁠(b), the director must remove identifying information respecting the adoptive parents. S.M. 2014, c. 25, s. 11 . Disclosure to Parent of Adoptee Born in Manitoba but Adopted Outside Manitoba Application by parent of adoptee born in Manitoba but adopted outside Manitoba 107.4(1) If an adult adoptee was born in Manitoba and adopted under an Act of another jurisdiction, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following: (a) the adoptee's pre-adoption birth registration; (b) the substituted registration of birth. Disclosure of birth registration documents 107.4(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the director determines, after making reasonable inquiries, that the adult adoptee has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.4(3) If the director determines that the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant. Exception — contact veto or preference filed 107.4(4) If the director determines that the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee. Identifying information of adoptive parents removed 107.4(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)⁠(b), the director must remove identifying information respecting the adoptive parents. S.M. 2014, c. 25, s. 11 . Disclosure Upon Application of Adopted Aboriginal Person Disclosure upon application by adopted aboriginal person 107.5(1) If an aboriginal person was born in Manitoba and subsequently adopted, they may apply to the director, in accordance with the regulations, for the following to be given to a person, government or organization for the purpose of an application by the aboriginal person for a benefit or service that is provided to aboriginal persons: (a) a copy of the person's pre-adoption birth registration; (b) identifying information respecting the person's birth parents; (c) any other identifying or non-identifying information that the director considers relevant. Who may apply 107.5(2) An application by an aboriginal person under subsection (1) may be made (a) by the person, if an adult; or (b) if the person is a child, by their adoptive parent or guardian. Director must give information 107.5(3) If the person who applies under subsection (1) complies with section 107.9, the director must give the information to the person, government or organization, in accordance with the application. Disclosure not affected by vetoes or preference 107.5(4) The director may give information in accordance with this section despite a disclosure veto, contact veto or contact preference having been filed under this Act, the former Act or an Act of another jurisdiction. Restrictions on use and disclosure of information 107.5(5) A person, government or organization that receives information from the director under this section (a) must maintain confidentiality with respect to the information; (b) must use the information only for the purpose for which it was given; and (c) must not further disclose the information without the written approval of the director. S.M. 2014, c. 25, s. 11 . Summary of Birth Information for Adult Adoptee Not Born in Manitoba Application by adult adoptee not born in Manitoba 107.6(1) An adult adoptee who was not born in Manitoba but was adopted under this Act or the former Act may apply to the director for a summary of birth information, including identifying information, that is set out in the pre-adoption birth registration, if this document is in the director's records. Disclosure of summary of birth information 107.6(2) The director must give an applicant who complies with section 107.9 the summary of birth information referred to in subsection (1), unless a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.6(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant. Exception — contact veto or preference filed 107.6(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . DISCLOSURE OF ADOPTION ORDERS Disclosure of adoption order 107.7(1) The following parties to an adoption may apply to the director for a certified copy of the adoption order: (a) an adult adoptee who was born in Manitoba and adopted under this Act or the former Act; (b) an adult adoptee who was not born in Manitoba but was adopted under this Act or the former Act; (c) an adoptive parent in relation to an adoption under this Act or the former Act. Copy of adoption order 107.7(2) The director must give an applicant who complies with section 107.9 a certified copy of the adoption order. S.M. 2014, c. 25, s. 11 . GENERAL PROVISIONS Document not available 107.8 If a person is entitled under sections 107.1 to 107.7 to receive a copy of a document that is not available, but other information relating to the adoption is available, the director may give a summary of available birth and adoption information, including identifying information which the person is otherwise entitled to receive. S.M. 2014, c. 25, s. 11 . General requirements for information 107.9 A person who applies for a document or information under this Part, or who wishes to file a document or register on the post-adoption registry, must (a) provide proof of their identity satisfactory to the director; and (b) pay any required fee. S.M. 2014, c. 25, s. 11 . 108 to 111 [Repealed] S.M. 2014, c. 25, s. 12 . DISCLOSURE VETOES Disclosure veto 112(1) An application to the director to file a disclosure veto may be made respecting an adoption under the former Act or an Act of another jurisdiction (a) by an adoptee who is 16 years of age or older; or (b) by a parent named on a pre-adoption birth registration; to prohibit the disclosure of identifying information respecting the applicant. Filing disclosure veto 112(2) Upon receiving an application under subsection (1), the director must file the disclosure veto on the post-adoption registry if (a) the disclosure veto is in a form satisfactory to the director; (b) the director is satisfied that the disclosure veto is not affected by an openness agreement; and (c) the applicant complies with section 107.9. Statement filed with veto 112(3) A person who files a disclosure veto may file with it a written statement that includes any of the following: (a) the reasons for wishing that identifying information not be disclosed; (b) a brief summary of any available information about the medical and social history of the person and their family; (c) any other relevant non-identifying information. Non-identifying information given if veto filed 112(4) When a person who requests information under this Part is informed that a disclosure veto has been filed, the director must give the person requesting the information any non-identifying information in any written statement filed with the disclosure veto. Cancelling veto 112(5) A person who files a disclosure veto may cancel the veto at any time by notifying the director in writing. Veto terminates one year after death 112(6) Unless cancelled under subsection (5), a disclosure veto terminates one year after the death of the person who filed the veto. Effect of disclosure veto 112(7) The director must not disclose any identifying information respecting the person who filed the disclosure veto, unless permitted to do so under this Part. S.M. 2014, c. 25, s. 13 . CONTACT VETOES FILED UNDER FORMER ACT Contact vetoes under former Act 113(1) A contact veto filed on the post-adoption registry under the former Act remains in effect until it is cancelled by the person who filed the veto. Information given when veto filed 113(2) When a person who requests information or contact with another person under this Part is informed that a contact veto was filed under the former Act, the director must (a) give the person any written statement filed with the contact veto; and (b) advise the person in writing of the prohibitions set out in subsection (5). Effect of contact veto 113(3) The director must not disclose any identifying information respecting the person who filed the contact veto, unless permitted to do so under this Part. Cancelling veto 113(4) A person who files a contact veto may cancel the veto at any time by notifying the director in writing. Prohibitions 113(5) A person who is named in a contact veto filed by another person must not (a) knowingly contact or attempt to contact the person who filed the veto; (b) procure another person to contact the person who filed the veto; (c) use information obtained under this Act to intimidate or harass the person who filed the veto; or (d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the veto. S.M. 2014, c. 25, s. 13 .
