Births, Deaths, Marriages, and Relationships Registration Act 1995

76 Restrictions on searches relating to adopted persons

(1)

This section applies to information if—

(a)

it relates to an adopted person; and

(b)

it was recorded under section 24 or section 25, or a corresponding provision of a former Act.

(2)

No person other than the Registrar-General shall permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information.

(3)

The Registrar-General may permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied—

(a)

that—

(i)

the person wishes to inspect the document or have the print-out or copy for a purpose in connection with the administration of an estate or trust; and

(ii)

the person is executor, administrator, or trustee of the estate or trust; and

(iii)

the information is material for the purpose; or

(b)

that—

(i)

the person wishes to inspect the document or have the print-out or copy for the purpose of investigating forbidden degrees of relationship under the Marriage Act 1955 or the Civil Union Act 2004; and

(ii)

the person is a Registrar or celebrant; or

(c)

that section 11(4)(a) of the Adult Adoption Information Act 1985 so authorises (but in that case shall permit it to the extent only that the said section 11(4)(a) so authorises); or

(d)

that the adopted person concerned, the adoptive parents, and such of the adopted person’s natural parents as had information relating to them recorded under this Act or a former Act as part of the information relating to the adopted person’s birth, are all dead; or

(e)

that 120 years has passed since the birth of the adopted person concerned.

(4)

Except as provided in subsection (3), the Registrar-General shall not permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, except on the order of the Family Court, the District Court, or the High Court, made—

(a)

for the purposes of a prosecution for making a false statement; or

(b)

in the event of any question of the validity or effect of any interim order or adoption order; or

(c)

on any other special ground.

Compare: 1951 No 22 s 21(8), (9)

Section 76(3)(b)(i): amended, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).

Section 76(3)(c): amended, on 7 July 2010, by section 12 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 (2010 No 49).

Section 76(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).