Adoption law: the basics
When did adoption become legal?
In Northern Ireland adoption became legal in 1929 while in Scotland it was 1930 and England and Wales in 1926
Does this mean that there was no such thing as adoption before then?
Before the introduction of legislation in 1929 adoptions were arranged informally by organisations, or directly between the birth mother and adoptive parents, and in some cases agreements may have been drawn up by lawyers. Permanent placements may also have been made by Guardians of the Poor or Public Assistance bodies. The Public Record Office for Northern Ireland (PRONI) is now the main holder of this information.
Were all adoptions arranged through a registered adoption agency or welfare authority?
No, not all adoptions were arranged through a welfare authority or voluntary adoption agency. Until1989 in Northern Ireland third party adoptions were legal although these became increasingly less common. These were placements arranged through private individuals, often doctors, nurses, lawyers, ministers of religion etc. In such cases there was no Adoption Agency involved in the placement of the child with prospective adoptive parents although welfare authorities did provide reports to the Court. For people who were adopted privately it can be much harder to find information about their adoption. In these situations it is possible that the court records will have some background information.
Your right to access information about your origins
What legal rights do adopted people have to access information?
Since the introduction of The Adoption (Northern Ireland) Order 1987 in October 1989 adopted people in Northern Ireland who are aged 18 years and over have had the right apply to the Registrar General for the information which would enable them to apply for a copy of their original birth certificate and to find out which agency arranged their adoption. This legislation was retrospective which means that anyone who was adopted before 18th December1987 has the right to apply for this information. Adopted people in Scotland have always had the right to obtain a copy of their original birth certificate when they reach 16 years of age.
What information will be on my original birth certificate?
Your birth certificate contains the following information:
- The original name which you had before you were adopted
- the name of your birth mother and sometimes birth father if he was either married to your birth mother at the time of birth or accompanied her when she registered your birth
- the address at which your birth parent(s) was living at the time of your birth
- the location and address of your place of birth
- in Scotland, the birth certificate also shows the time of birth.
How much will it cost to obtain a copy of my original birth certificate?
Details of the fees involved in ordering a copy of certificates can be found on the NIDirect website.
I have heard I need to see an adoption worker/counsellor in order to get this information. Is this true?
If an adopted person does not have any information such as their original birth name or the name of the adoption agency that arranged the adoption, then they should write to the Registrar General to apply for 'Access to birth records'. People adopted before 18th December 1987 in Northern Ireland who want information about their birth records and who do not already know their birth name must apply to the Registrar General for access to birth records. An appointment will be made for the adopted person to meet with an adoption social worker (counsellor) when they will receive the information they need to enable them to apply for their birth certificate.
What happens at this meeting as I don’t think I need counselling?
The word counselling can be misleading and sometimes causes unnecessary anxiety. Essentially it is a consultation, where information, advice, support and guidance are offered. It is a chance for you to talk to someone who has professional experience of adoption and who can help give you information and advice that you may need. The meeting with an adoption social worker will give you the chance to think about the implications and emotional impact for you of receiving information from your original birth certificate and adoption records.
Where do I have to go for this counselling interview/meeting with social worker/to obtain this information?
When you apply to the Registrar General for access to Birth Records the process will be explained. You need to choose an adoption agency to which your birth records information will be sent. You can select your local Health and Social Care Trust in Northern Ireland or the agency that arranged your adoption, if known and if still operational.
I was adopted after the 18th December 1987 in Northern Ireland so do I still have to see an adoption social worker to obtain a copy of my original birth certificate?
No, the arrangements are different if you were adopted after the 18th December 1987. For people adopted after this date, the birth records 'Counselling Interview' is optional and adopted people can apply directly for the information which will enable them to apply for a copy of their original birth certificate. However, even though there is no legal requirement, many adopted people find the 'Counselling Interview' helpful and benefit from meeting with an adoption social worker.
Why are there different arrangements?
The counselling appointment was included in the Adoption Northern Ireland Order 1987 as birth and adoptive families had originally been told that identifying information would not be shared with the adopted person or birth relatives. The ‘counselling’ appointment gives you a chance to talk through with an experienced professional your hopes and expectations as well as the implications for yourself and your adoptive and birth families You will also be able to get advice and information about what further steps you might want to take, if for example, you want to start a search for further information or to locate birth relatives. The appointment is not intended to be a test of you, more a way of helping you think about and explore your options and expectations.
What information will I receive when I meet with the adoption social worker?
When you have your meeting with the adoption worker for the access to birth record 'Counselling Interview' you will receive a form that enables you to apply for your original birth certificate. You will also be given another form which you can send to the court where the adoption order was made. The court can confirm which adoption agency arranged your adoption so you can make contact to request further information about your family background and adoption from their files. The adoption social worker can also tell you about the role of Adoption Contact Registers.
I already know my original birth name so what do I have to do?
If an adopted person already knows their birth name they can apply directly to the Registrar General for a copy of their original birth certificate.
I have already got a copy of my birth certificate but want to find out more information about my background-how can I do this?
Many adopted people want more information than is contained in the original birth certificate. If this is the case then you should contact the agency that arranged the adoption, unless your adoption was arranged privately. You can request access to/details from the agency’s adoption records. The amount of information available will vary depending on when the adoption took place and whether records still exist. If there are records available then the adoption agency is usually able to provide the adopted person with information about their birth family background and the reasons for the adoption. The adoption agency will expect to meet with you to confirm your identity before sharing any information from their records. The section on accessing adoption records provides more information about this.
I don’t know my original birth name but I have the name of the agency that arranged my adoption?
If you know the name of the agency that arranged your adoption, then you can apply directly to that agency. If you find that the agency that arranged your adoption no longer exists then you can contact the agency that now holds their records. This information can be found using the Locating Adoption Records database.
How to access adoption records
Where to find adoption records
Adoption records can be located through your local Health and Social Care Trust in Northern Ireland or, if applicable, the Voluntary Adoption Agency that arranged your adoption, and through the court where the adoption order was granted.
Health and Social Care Trusts in Northern Ireland will have been involved in all adoptions, either as the agency that placed you for adoption and/or as the agency that was notified by the prospective adoptive parent(s) of their intention to apply for an Adoption Order. It is also possible for two Health and Social Care Trusts in Northern Ireland to have been involved.
The Locating Adoption Records database holds information about where adoption records can be located.
How long do adoption agencies keep records for?
Until 1987, in Northern Ireland, there was no legislation to stipulate for how long and how adoption records should be kept and some agencies may not have retained information that could help adopted people seeking background and other relevant information. Since the implementation of The Adoption (Northern Ireland) Order 1987 adoption agencies are required to keep adoption records for 75 years after the date of the Adoption Order.
Do I have an automatic right to the information held on the agency’s adoption record?
Agencies have the discretion to share information from the records they hold so adopted people do not have an automatic right to access information. During the past few decades, however, adoption agencies have gained a greater understanding about the needs of adopted people to have access to information that can help them both answer important questions about their background and begin a search for birth family members. Consequently, agencies are usually open to share relevant information from their records.
What normally happens? Will I have to go to the adoption agency?
Adopted people who want to access information about their birth family background would normally be expected to see an adoption social worker before information is shared from the records. Normally an appointment would be made for you to see the adoption social worker who will be able to go through the information with you. The information held in an adoption record is likely to give you more detail than is included on your birth certificate and may, for example, have information about other birth family members. It is important to remember that records can vary between a single page summary to a full file depending on what information was gathered by the adoption agency at the time and how much has been retained.
How can I find out if the adoption agency that arranged my adoption still exists and if it is not what I can do then?
You should go to the Locating Adoption Records database on the Adoption Search Reunion website where you can search for adoption agencies Northern Ireland. If the agency that arranged your adoption has closed you should be signposted to the agency that now holds the records.
I have discovered that my adoption was arranged privately, so how can I get more information about my background and circumstances about my adoption?
If your adoption was a private arrangement then there may be very little information available to you. It is worth contacting the local Health and Social Care Trust in Northern Ireland in whose area the adoption order was made as they may hold some information about your adoption. Staff there may also contact the Court where the Adoption Order was granted, which may also hold some records relating to your adoption. There is no automatic right to any information, but Courts have discretion to disclose information.
Your adoption worker may write to court and make an application for access to court records on your behalf. This is the most usual practice in Northern Ireland and information may be requested under The Family Proceedings (Amendment) Rules Northern Ireland 2003 – Rule 4 C.7.3b(ii).
Accessing information about your origins when living abroad
I live abroad so can I obtain a copy of my original birth certificate?
If you were adopted before 18th December 1987, in Northern Ireland, and do not know your original name, you can apply to the General Register Office for access to birth records. You can find out how to do this and download the relevant forms from the NIDirect website.
You will need to make arrangements to meet with an adoption advisor/social worker in the country where you are currently residing, as long as a suitable body or organisation is available. You can access a list of approved overseas adoption organisations by contacting the General Register Office on 0300 200 7890 (028 91513101 from outside Northern Ireland).
If your country or area of residence is not covered in this list, you can contact a local adoption/counselling organisation. You will need to supply written confirmation from the organisation that has agreed to help you to the General Register Office, which will then send information about your birth record to your advisor.
If you would prefer, you can also travel to the UK and arrange a meeting with an adoption advisor from the Health and Social Care Trust in Northern Ireland or Local Authority in England, Wales or Scotland in the area where you will be staying. You should pre-arrange the appointment with the adoption advisor, as it may take several months for an appointment to be organised. A list of Health and Social Care Trusts and adoption agencies can be found on the ‘Finding an Agency to Help You’ database on this website.
If you know the adoption agency that arranged your adoption, then it is worth contacting them to find out if they are able to offer a meeting, so that information relating to your original birth and adoption agency records can be shared with you. They may also be able to share any information they have retained about your adoption.
I was adopted after 18th December 1987 so what do I have to do?
If you were adopted after the 18th December 1987 and you do not know your original name or the name of the agency that arranged your adoption, then you should make an application to the General Registrar office for the information to enable you to get a copy of your original birth certificate. You can find out how to do this from the NIDirect website or telephone 0300 200 7890 (028 91513101 from outside Northern Ireland).
You do not have to meet with an adoption advisor in your country of residence before this information is sent, however most adopted people find it helpful to meet with an adoption advisor. If you would prefer to meet with an adoption advisor then you can access a list of approved overseas adoption organisations by contacting the General Register Office on 0300 200 7890 (028 91513101 from outside Northern Ireland).
If your country or area of residence is not covered in this list, you can contact a local adoption/counselling organisation. You will need to supply written confirmation from the organisation that has agreed to help you to the General Register Office, which will then send information about your birth record to your advisor.
If I live abroad how can I access further information about my background and circumstances of my adoption that may exist?
The birth certificate will contain your original name, name of your birth mother and her address and the address of where you were born. Unless your birth parents were married at the time of your birth or your birth father registered the birth with your birth mother, then your birth father’s name is unlikely to appear on the birth certificate. However, there can often be other avenues to obtain further information about your background and circumstances of your adoption. For example, if you already know the adoption agency that arranged your adoption, you should contact them in the first instance as they will be able to let you know if they hold records. If they do have records, they can make the necessary arrangements for information to be shared with you. They will usually ask you to provide the name of an adoption advisor in your country of residence, so the information can be sent to you via them. They will, of course, need to verify your identity before any information can be disclosed.
If you do not know the name of the adoption agency, then the General Registrar Office may be able to pass this information onto you when you receive the form, if this is known.
If your adoption was privately arranged or there are no details about the adoption agency then you can contact the court where the adoption order was made. The court has the discretion to disclose information to you or your advisor/social worker. You can read about how to do this on the Accessing Adoption Records page on this website.
It is also worth contacting the local Health and Social Care Trust where your adoption took place as they may also hold some information relating to your adoption.