Birth Information and Tracing Act 2022
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PART 5 Tracing service | ||
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Agency and Authority may provide a tracing service on application | ||
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32. (1) The Agency and the Authority shall, in accordance with this Act and on application to the Agency in accordance with subsection (2), provide a tracing service. | ||
(2) An application for a tracing service shall be made to the Agency and may be made by— | ||
(a) a relevant person who is seeking to locate a person to whom subsection (6) applies for the purpose of— | ||
(i) facilitating contact with the person, or | ||
(ii) requesting further information from the person in relation to the relevant person’s birth, early life, care or any other matter, or medical information relating to the relevant person or his or her genetic relative, | ||
(b) a person to whom subsection (6) applies who is seeking to locate the relevant person concerned for the purpose of— | ||
(i) facilitating contact with the relevant person, or | ||
(ii) requesting further information in relation to the relevant person or providing information relevant to the relevant person, | ||
(c) an adoptive parent of an adopted child, where the adoptive parent is seeking to locate a person for the purpose of requesting further information in relation to the person or providing information relevant to the person, or | ||
(d) a person who has reasonable grounds for suspecting that he or she is the subject of an incorrect birth registration, for the purpose of the Agency or Authority conducting such enquires as it considers necessary for the purpose of ascertaining whether he or she is the subject of an incorrect birth registration. | ||
(3) An application under subsection (2)— | ||
(a) may be made only by a person who has attained the age of 18 years, | ||
(b) may be made only for the purpose of locating a person who has attained the age of 18 years, and | ||
(c) shall be made in such manner, and accompanied by such information, as the Agency may specify. | ||
(4) The Authority may, where necessary and proportionate for the provision of a tracing service under this section, or tracing a person or obtaining information pursuant to a direction under section 33 , process personal data and special categories of personal data from the register, which processing may include disclosing such data to the Agency for the purpose of the Agency providing the service or conducting the trace. | ||
(5) A person who makes an application under this section or section 36 shall be advised of the right to make an application to be entered in the register. | ||
(6) Subject to subsection (7), this subsection applies to a person who is, in relation to a relevant person— | ||
(a) his or her parent, | ||
(b) a parent of his or her parent, | ||
(c) a sibling of his or her parent, | ||
(d) his or her sibling, or | ||
(e) a child of a sibling of his or her parent. | ||
(7) For the purposes of subsection (6)— | ||
(a) a reference to a parent of a person includes a reference to an adoptive parent of the person, and | ||
(b) a person is the sibling or child of another person whether or not the relationship depends on the adoption of a person, or whether the relationship is of the whole blood or half blood or by marriage. |