Adoption information, records and how to apply

Adoption information refers to the records and documents that were created about an adoption.

The amount of information about an adoption can vary depending on when the adoption occurred, the information recorded at the time and whether the records still exist.

Information about an adoption can be separated into two categories; identifying information and non-identifying information.

What is identifying information?

This is information which may identify a person who was part of an adoption such as names, addresses, ages or dates of birth and occupations of the people involved in the adoption when it took place. Identifying information consists of:

• Adoption court documents
• Original birth certificate with the adoption details.

The adoption court documents (held by the Family Court of Western Australia, including records from the Supreme Court) are the legal documents signed at the time of the adoption and consist of the:

• Order of Adoption
• Application for the Order of Adoption
• Form of Consent to the Adoption.

Adoption Services authorise the Family Court of Western Australia to release the documents to you.

The original birth certificate (from the Registry of Births, Deaths and Marriages) contains the birth and adoption details. The adoption details may include the:

• Names of the adoptive parents
• Child’s new name
• Adoption Order number and date.

Adoption Services will issue eligible parties with an authority letter to access the original birth certificate. This should be attached to the Registry’s application for the birth certificate and sent to the Registry of Births, Deaths and Marriages with the applicable fee.

Post Adoption Services will also provide you with copies of your own information from any of its adoption files or records. To obtain access to identifying adoption information a person must complete an Application for Post Adoption Services form.

What is non-identifying information?

This is information from adoption records held by the Department of Communities (Communities). It provides details about a person who is part of an adoption but does not identify that person. Information may include:

• Medical information
• Family history
• Age
• Nationality
• Place of birth
• Marital status
• Religion
• Education
• Occupation
• Physical description
• Hobbies or interests

The type of information is often dependent on whether the adoption was arranged by Communities or privately through solicitors.

Medical information includes information recorded at the time of the birth and adoption. If someone seeks historical medical information, a separate application with hospitals through Freedom of Information may be required. Please contact Adoption Services for more information.

If someone seeks current family medical information, Post Adoption Services may be able to assist. A letter from a doctor or specialist may be needed if specific medical information or priority is sought.

Who can apply?

Adopted people, parents, relatives by birth and descendants, and adoptive parents may obtain information for an adoption that occurred in Western Australia. For all other states please contact the relevant Department in that jurisdiction.

I am an adopted person, parent or an adoptive parent:

If you are an adopted person, parent or an adoptive parent you are entitled to apply for both identifying and non-identifying information.

I am a relative of the adopted person:

If you are a sibling of the adopted person and you and the adopted person are both over 18 years of age, you are eligible to apply for both identifying and non-identifying information. If you are a:

• Grandparent of the adopted person
• Descendant of the adopted person who is over 18 years of age

you are eligible to apply for non-identifying information. You will need to provide proof of the relationship.

Types of proof include:

• Your birth certificate
• Your parent’s birth certificate (if you are a descendant)

I am a relative of a person who was party to an adoption who has died:

If the party to an adoption is deceased and you are over 18 years of age and are a:

• Sibling of the party
• Descendant of the party
• Grandparent of the party

You are eligible to apply for both identifying and non-identifying information. You will need to provide proof of the relationship.

Types of proof include:

• Your birth certificate
• Death certificate of the deceased party (required if applying for identifying information)

What happens when a person who is party to an adoption dies?

The current Adoption Act 1994 requires Communities to notify relevant parties of the death of an adopted person, or one of the parties to an adoption, or a sibling of the adopted person. In some special circumstances, the Act enables the Director General of Communities to not proceed with a notification of death.

The Special Circumstances Policy outlines the special circumstances.

I have concerns about who can access my information

Section 82(1) of the Adoption Act 1994 allows the CEO of the Department of Communities to grant authority to an applicant to access information under sections 84(1), 85(1), 88, 89, or 90 unless there is a good reason not to. The CEO can place conditions on access to information specified in the authority. The Adoption Act 1994 also provides for circumstances where there are concerns that a person’s access would be likely to place someone at risk. Penalties may also apply where identifying information and/or details are published by a party to an adoption.
If you have concerns about someone accessing your information, please contact Post Adoption Services to find out more information about what you can do.

I was born in another country but my adoption was in Western Australia

In the case of intercountry adoptions, the process of the child becoming available for adoption occurs in the country of birth. Records, as available, are provided by the authorised agency in the country of birth to the Department of Communities during the placement process.

The extent of information available in a country of birth and the requirements for access to those records can vary by country.

Please contact Post Adoption Services for further information.

Types of records include microfilm, paper records, and digital records.

The current Adoption Act 1994 ensures any documentation relating to an adoption is to be preserved indefinitely and can only be destroyed with the authority of the registrar of the court.

Report 66 - Broken Bonds, Fractured Lives: report on the inquiry into past forced adoption in Western Australia considered adoption practices between 1939 and 1980 and found many people had been told their records had been destroyed, damaged or lost. Reasons for this varied including, floods or fire and government record management practices at the time, which required records to be destroyed for confidentiality reasons and did not require records to be kept.

There are two types of vetoes; Contact Vetoes and Information Vetoes.

Contact Vetoes

Prior to June 2003, parties to an adoption may have registered a Contact Veto against the other parties involved in the adoption. A contact veto is a statement of a person’s objection to being contacted by another party to the same adoption. Post Adoption Services will tell you if a Contact Veto has been placed against you when you apply for identifying information.

If a Contact Veto has been placed against you, then you must sign an agreement not to contact that person before identifying information can be provided.

Report 66 - Broken Bonds, Fractured Lives: report on the inquiry into past forced adoption in Western Australia recommended converting existing contact vetoes into statements of objection to contact this recommendation required further consideration by government.

The First Annual Implementation Progress Report of the Government Response to Report 66 – Broken Bonds, Fractured Lives outlines the further consideration by the Government regarding proposed changes to contact vetoes.

The Government has finalised its position and supports the conversion of existing contact vetoes into statements of objection to contact. Following legislative amendments to the Adoption Act 1994 to enable these changes, Adoption Services will contact people impacted by contact vetoes to provide them with information regarding the legislative amendments and referrals to specialised counselling and support services to support them through the transition.

Information Vetoes

Prior to June 2003, parties to an adoption may have placed an Information Veto to prevent the release of identifying information to another party to the same adoption. The effect of Information Vetoes ceased after January 2005.

Adoption Services will tell you if an Information Veto was placed against you when you apply for identifying information. If an Information Veto was placed against you, the Adoption Act 1994 requires you to meet with a member of the Adoption Services team, before the identifying information can be provided.

Applying for information

To access adoption information please complete an Application for Post Adoption Services form. There are no fees for our services.

You will need:

• Certified copies of your proof of identity documents
• To have your signature on the form witnessed
• Proof of relationship documents if you are a relative or descendant.

The application form provides information on who can witness the form and types of proof of identity and proof of relationship documents.

The form and supporting documents can be submitted by email to adoptions@communities.wa.gov.au or by post to:

Department of Communities
Post Adoption Services 
Locked Bag 5000 Fremantle WA 6959 
Australia (if posting from overseas)

Once Post Adoption Services receives your application, you will receive an acknowledgment letter within 7 to 10 days by post. If you submitted your application online, the acknowledgment will be sent via email.

The acknowledgement letter will provide you with details about wait times for services.

If you have any questions or need help completing the form, please contact us at:

Telephone: 1800 182 178 (free call)
Email: adoptions@communities.wa.gov.au
Accessibility: If you find it difficult to hear or speak, you can contact us through the National Relay Services (NRS), please phone 133 677.

Privacy of information you provide to Post Adoption Services

Communities respects an individual’s right to privacy and is committed to managing personal information responsibly and in accordance with all legal obligations relating to the collection, use, and disclosure of information.

Communities will only collect personal information where it is necessary to provide the post adoption service that is requested.

Individuals have the right to request access to their personal information held by Communities and to seek correction of any inaccuracies.

Requests for access or correction should be made to the Communities Privacy Officer by email – privacy@communities.wa.gov.au.

How to apply for a birth certificate

Adopted people will have two birth certificates: a current certificate issued after the adoption and the pre-adoption certificate issued at birth. To obtain an authority letter to apply for the pre-adoption birth certificate, please contact Post Adoption Services. To obtain a current birth certificate, please contact Births, Deaths and Marriages.

How to apply for medical information

To apply for historical medical information, a separate application with hospitals through Freedom of Information may be required. If you would like to talk with someone about this process and for further information, please contact the Post Adoption Services team.

The Adoption Act 1994 provides legislated pathways for internal and external reviews of decisions made by Communities, including decisions regarding access to adoption records and information. Where a person does not agree with a decision made by Communities, that person may apply to the Director General to review the decision.

Communities respects the right of any person who is dissatisfied about a service to make a formal complaint through Communities’ Complaints Management Unit. Complaints can be made by telephone on 1800 333 325 or online via Communities Complaints and Feedback.