Birth Information and Tracing Act 2022

Relevant body to provide birth information relating to relevant relative on application by qualifying relative

27. (1) A qualifying relative (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 the birth information that is held by the relevant body and that relates to his or her relevant relative.

(2) Subject to this section, a relevant body that holds birth information in respect of the relevant relative concerned—

(a) shall, to the extent that it is practicable to do so, provide the applicant with a copy of the records specified in subsection (4) that it holds that contain the birth information requested, and

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

(3) A relevant body shall comply with subsection (2) only where it is satisfied that—

(a) the applicant is a qualifying relative, and

(b) other than where the applicant is a parent of the relevant relative, each person named as a parent of the relevant relative concerned in the records containing the information concerned is deceased.

(4) The records referred to in subsection (2)(a) are the following:

(a) a record relating to a person’s birth, the registration of a person’s birth or a person’s adoption;

(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.

(5) Where a relevant body that receives an application under subsection (1) does not hold the birth information to which the application relates, it shall, in writing and without delay, inform the applicant of that fact.