Birth Information and Tracing Act 2022

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Authority to provide birth information or image on application by relevant person aged between 16 and 18 years

10. (1) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years (in this section referred to as an “applicant”) may apply in writing to the Authority for the provision by the Authority to him or her of either or both of the following that is held by it or by the Agency:

(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 section 9 (8).

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

(a) be in such form as the Authority may specify, and

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

(3) Subject to this section, the Authority, 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 section 9 (8) that it or the Agency 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 or the Agency 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 Authority shall, subject to subsection (7) on the basis of the information available to it establish, in relation to each relevant parent, as to whether 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 is deceased;

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

(5) Where paragraph (a), (b), (c) or (d) of subsection (4) applies in respect of the relevant parent (or, as the case may be, each relevant parent) the Authority shall, in accordance with section 18 , provide the applicant with the information, photograph or other image referred to in subsection (3).

(6) Where paragraph (e) of subsection (4) applies in respect of a relevant parent, the Authority shall—

(a) hold an information session with the applicant, and

(b) whether at the same time as the information session referred to in paragraph (a), or at a later time, provide the applicant, in accordance with section 18 , with the information referred to in subsection (3).

(7) Where the Authority or Agency does not hold the birth information to which an application under subsection (1) relates, the Authority shall, in writing and without delay, inform the applicant of that fact.