REGISTRY OF BIRTHS, DEATHS AND MARRIAGES — ADOPTION
ACT
50. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the Registry of Births,
Deaths and Marriages.
(1) Is the
Attorney General aware that the registry has received an application from an
adoptee seeking to have their birth name and birthdate recorded with other
biological children on the death certificate of their biological parent?
(2) Is the
Attorney General aware that the registry has rejected the application on the
purported basis of section 75(1) of the Adoption Act 1994, which states —
(1) Where an adoption
order is made, for the purposes of the law of this State —
�
(b) the relationship
between the adoptee and —
(i) the adoptee's
birth parents; �
�
is to be treated as
not being that of child and parent;
(3) Is the
Attorney General considering any law reform to address the systemic distress to
adoptees who are seeking truth in the state's records of births, deaths
and marriages?
Hon KYLE McGINN replied:
I thank the member for
some notice of the question. I answer on behalf of the parliamentary secretary.
The following answer has been provided to me by the Attorney General.
(1)–(3)
I am advised that because the adoption is a legal arrangement that gives full
parental rights and responsibilities to the adoptive family, the Registrar of
Births, Deaths and Marriages is obliged to refuse the application of the type
referred to by the honourable member. This is in accordance with section 75 of the WA Adoption Act 1994. The registrar is an
independent statutory officer. It would not be appropriate for the
Attorney General to comment or intervene with respect to such decisions. The
State Administrative Tribunal, however, has jurisdiction to review this matter.
The honourable member may wish to direct this query concerning any amendments
to the act to the Minister for Child Protection, who has responsibility for the
act.