Birth Information and Tracing Act 2022

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Relevant body to provide birth information or image on application by relevant person aged 18 years or over

9. (1) A relevant person who has attained the age of 18 years (in this section referred to as an “applicant”) may apply in writing to a relevant body for the provision by the relevant body to him or her of either or both of the following that is held by the relevant body:

(a) the birth information that relates to him or her;

(b) a photograph or other image of his or her mother or father contained in a record specified in subsection (8).

(2) An application under subsection (1) shall—

(a) be in such form as the relevant body concerned may specify, and

(b) include such contact details of the applicant as the relevant body concerned may specify, being such contact details as are required for the performance by the relevant body and the Authority of their functions under this Part.

(3) Subject to this section, a relevant body, on application to it in accordance with this section—

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records specified in subsection (8) that it holds that contain the birth information to which the application relates,

(b) may provide the applicant with a statement setting out the birth information contained in the records that it holds, and

(c) in the case of an application for a photograph or other image referred to in subsection (1)(b), shall, as it considers appropriate—

(i) provide the applicant with the photograph or other image, and retain a copy, or

(ii) retain the photograph or other image and provide the applicant with a copy.

(4) On receipt of an application under subsection (1), the relevant body, before complying with subsection (3), shall, subject to subsection (9) and unless it is satisfied that each relevant parent is deceased, inform the Authority of the application and ascertain from the Authority, in respect of each relevant parent, as to whether, on the basis of the information available to it, any of the following applies:

(a) he or she has not made a statement under section 38 (11);

(b) he or she has made a statement under section 38 (11) that either of the following applies:

(i) he or she is seeking to have contact with the applicant;

(ii) he or she is willing to be contacted by the applicant;

(c) he or she has made a statement under section 38 (11) that he or she is not willing to be contacted by the applicant, and an information session has already taken place;

(d) he or she, to the knowledge of the Authority, is deceased;

(e) he or she is not willing to be contacted by the applicant and no information session has taken place.

(5) The relevant body shall comply with subsection (6) where one of the following applies in respect of each relevant parent:

(a) it has, under subsection (4), ascertained from the Authority that paragraph (a), (b), (c) or (d) of that subsection applies in relation to the relevant parent;

(b) it is satisfied, whether on the basis of information obtained from the Authority under this section or other information, that the relevant parent is deceased.

(6) Where subsection (5) applies, the relevant body shall—

(a) comply with subsection (3), and

(b) in so complying, where paragraph (a) or (b) of subsection (4) applies in relation to a relevant parent, inform the applicant, in accordance with guidelines under section 19 (1), of that fact.

(7) The relevant body, where it, under subsection (4), ascertains that paragraph (e) of that subsection applies in relation to a parent, shall—

(a) provide the Authority with the contact details of the applicant, and

(b) comply with subsection (3) only where it has received a notification under section 17 (4)(a) of the completion of an information session in respect of the relevant parent concerned with the applicant.

(8) The records referred to in subsection (3)(a) and section 10 (3) are the following:

(a) a record relating to a person’s birth, the registration of a person’s birth or a person’s adoption, including an adoption order made in respect of the person;

(b) a record created or held by a registered adoption society or an institution specified in the Schedule ;

(c) a record of such class as the Minister may prescribe.

(9) Where a relevant body that receives an application under subsection (3) does not hold the birth information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.

(10) In this section and section 10 , “relevant parent” means—

(a) in relation to birth information relating to an applicant, a person, or each person, who is named as a parent of the applicant in the records containing the birth information concerned, and

(b) in relation to a photograph or other image of a parent of an applicant, a parent of the applicant whose image is contained in the photograph or other image concerned.