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8.8 Access to Birth Records Intermediary Services

This chapter was added to the manual in February 2022.


Contents

  1. Policy, Purpose and Scope
  2. Responsibilities and Definition
  3. Procedure – Access to Birth Records and Intermediary Enquiries
  4. Restrictions on Proceeding with an Application – Application from a Relative of an Adopted Person for Assistance in Contacting the Adopted Person
  5. Restrictions on Proceeding with an Application – Application from a Relative of an Adopted Person with a Prescribed Relationship to the Adopted Person
  6. Restrictions on Proceeding with an Application – Application from a Person with a Prescribed Relationship to an Adopted Person for Assistance in Contacting a Relative of the Adopted Person
  7. What are Intermediary Services?
  8. Who may apply for Intermediary Services?


1. Policy, Purpose and Scope

Policy

The Family Placement Service will offer counselling and guidance in respect of adopted adults who are seeking information about their adoption and birth records.

Purpose

In accordance with the requirements guidelines in respect of:

Currently, there is no Isle of Man legislation to inform intermediary services. Therefore, UK legislation, guidance and best practice (as above) is followed to ensure consistency.

Scope

This policy applies to adopted adults and any birth family members who are seeking information about adoption and birth records.


2. Responsibilities and Definition

Responsibilities – Adoption Practice Lead and Supervising Social Worker.

Definition – the accessing of birth records is to obtain information relating to a person(s) birth history and information. Intermediary services assist any adopted adult in obtaining information about their adoption and facilitate contact. 


3. Procedure – Access to Birth Records and Intermediary Enquiries

Enquiries can be made to the Family Placement Service in Manx Care both via email or telephone. Initial checks will be undertaken by Business Support staff to ascertain if the individual is known to the service or if records are held within the data base.

The Adoption Practice Lead will be made aware of the enquiry and any information the service holds. The Adoption Practice Lead will allocate a supervising social worker within 10 working days of enquiry, to undertake additional tracing and to make an appointment with the enquirer to verify their identification, provide support/counselling and gather any other information about their adoption.

The allocated supervising social worker will need to see the following:

  • One form of photographic ID;
  • Plus any certificates to confirm their adoption or birth records.

The agency must also verify the identity of any person acting on behalf of the applicant and that he or she has the authority to do so. The agency must also verify the relationship with the adopted person.

The enquirer will be advised of the likely scale of charges that could apply and they will be asked to confirm their wish to proceed on this basis. For example, the purchasing of certificates and the joining fee for the Adoption Contact Register.

If the allocated supervising social worker traces a birth relative, consent must be obtained in order to share their information with the enquirer. If they chose to have direct or indirect contact, support will be offered to both parties pre and post contact. The enquiry and information gained will be recorded on the enquirers’ electronic file.


4. Restrictions on Proceeding with an Application – Application from a Relative of an Adopted Person for Assistance in Contacting the Adopted Person

An application must not proceed if a veto applies, except where the circumstances are within the scope of a qualified veto. A veto, as defined in the Adoption Information & Intermediary Service Regulations 2005 (ISR), at Regulation 8(1) enables an adopted adult to formally register an absolute or qualified veto with the appropriate adoption agency. Where the appropriate adoption agency is notified of a veto, it must keep a written record of the veto on the adopted person’s case record, and make sure it is made known to any intermediary agency that contacts it in relation to an application under these regulations. A qualified veto restricts the circumstances in which the intermediary agency can proceed with the application. The adopted adult may have specified those persons on behalf of whom an approach from an intermediary agency would be welcome. ISR 8 (1)(B) (ii) also enables the adopted adult to specify the circumstances in which \n approach from an intermediary agency would be welcome.  An absolute veto under ISR 8(3) will prevent an intermediary agency from proceeding with the application in any circumstances. For example, if a birth relative wished to establish contact with an adopted adult because of a possible hereditary medical condition, the intermediary agency would be precluded from proceeding with an application under these regulations by virtue of ISR 8(3).

The intermediary agency must not disclose to the applicant any identifying information about the subject without the subject’s consent, unless the subject has died or is incapable of giving informed consent.

All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.


5. Restrictions on Proceeding with an Application – Application from a Relative of an Adopted Person with a Prescribed Relationship to the Adopted Person

An application must not proceed if:

  • A veto applies, except where the circumstances are within the scope of a qualified veto;
  • The adopted person does not consent to the application proceeding, unless;
    1. The adopted person has died; or
    2. The intermediary agency determines that the adopted person is incapable of giving informed consent.

All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.


6. Restrictions on Proceeding with an Application – Application from a Person with a Prescribed Relationship to an Adopted Person for Assistance in Contacting a Relative of the Adopted Person

An application must not proceed if:

  • The adopted person does not consent to the application proceeding;
  • The adopted person has died;
  • The intermediary agency determines that the adopted person is incapable of giving informed consent;
  • All reasonable steps have been taken to locate the adopted person, but they cannot be found.

The applicant is:

  • Either the spouse, child, grandchild, or great grandchild of the adopted person;
  • Is seeking to contact the relative of the adopted person only to obtain information about the medical history of the adopted person’s relatives; and
  • No information is disclosed which would enable the adopted person, any relative of the adopted person or any person with a prescribed relationship to the adopted person to be identified or traced. 

All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.


7. What are Intermediary Services?

Intermediary services are defined as:

  • Assisting adopted persons who were adopted before 30th December 2005 and are aged 18 or over, to obtain information in relation to their adoption;
  • Facilitating contact between such adopted persons and their relatives; and
  • Facilitating contact between persons with a Prescribed Relationship to an adopted person and relatives of the adopted person.

Intermediary agencies and those involved in providing information to such agencies may charge a fee. For example, the Adoption Contact Register.

In all cases, the provision of an intermediary service involves:

  • Establishing that the applicant/subject/adopted person is aged 18 or over;
  • Undertaking preparatory work with the applicant, including the provision of information about the available services and the possible impact of using them, including the Adoption Contact Register and qualified and absolute vetoes;
  • Obtaining information from a range of sources (adoption agencies, the Registrar General, the courts):
    1. Using the information to trace and contact individuals;
    2. Obtaining the relevant informed consent;
    3. If consent has been obtained, disclosing to the applicant in appropriate cases the information obtained by the intermediary agency;
    4. Acting as an intermediary between the parties, and facilitating contact/information sharing between them;
    5. Providing counselling, support and advice to the parties about the process.


8. Who may apply for Intermediary Services?

The Family Placement Service will consider enquiries from any person(s) over the age of 18 years who are:

  • Residents of the Isle of Man;
  • Or where the adoption was arranged on the Isle of Man;
  • Or where the Adoption Case Record is held by the service.

If the criteria above is not met, the enquirer must be informed in writing, within 10 working days, of the reasons and advised about the contact details of other agencies, which may be in a position to help them.

End