Can a Birth Parent Veto Contact or Disclosure in Ontario?

If you were adopted, or placed a child for adoption, you may have heard that a birth parent can block contact. The reality is more specific. Ontario has three different tools, and people often mix them up.

This article compares the disclosure veto, the no-contact notice and the notice of contact preference, so you can see which one might apply to you.

What a disclosure veto does

An adopted person or a birth parent may file a disclosure veto, but only if the adoption order was made before September 1, 2008. While a veto is in effect, the Registrar General will not release the identifying copies or information.

In plain terms, a veto is about disclosure of identifying records. It is not a general court order against contact. It also does not exist for adoptions finalized on or after the cut-off date.

A veto takes effect only once the Registrar General matches it with the registration. If you are unsure whether one has been filed on a record, the Registrar General is the place to ask.

No-contact notices

An adopted person who is at least 18, or a birth parent, may file a notice that they do not wish to be contacted. After that, identifying information is released only if the applicant agrees in writing not to contact them.

This lets records be released while still protecting the person who filed. The protection has teeth: knowingly contacting someone, or trying to, despite their no-contact notice is an offence with a fine of up to $50,000 for an individual or $250,000 for a corporation.

The no-contact notice and the veto work differently. A no-contact notice does not stop records from being released. It attaches a condition, which is the applicant's written agreement not to make contact. A veto, where one is available, stops the release of the identifying copies or information while it is in effect.

Notices of contact preference

An adopted person who is at least 18, or a birth parent, may file a notice of contact preference stating how they would like to be contacted. For example, someone might prefer a letter first rather than a phone call.

These notices are not binding. They are a way of expressing wishes, not a legal barrier.

If you are the one searching, a stated preference is useful guidance on how to approach someone, even though it does not bind you. A no-contact notice is more serious, because contacting someone despite one can be an offence.

Who applies for what

An adopted person who is at least 18 may apply to the Registrar General for uncertified copies of the original birth registration and the registered adoption order, with no fee. A birth parent may apply for identifying information about the adopted person once that person is at least 19.

• Adopted person, 18 or older: may apply for uncertified copies of the original birth registration and the registered adoption order, and no fee is charged.
• Birth parent: may apply for identifying information about the adopted person once that person is at least 19.
• Adopted people and birth relatives: may join the Adoption Disclosure Register, and applications must be mailed, not faxed, emailed or hand-delivered.

If a veto or no-contact notice is on file, what you get, and on what terms, changes as described above. The Adoption Disclosure Register is another route for exchanging information, though a match can take months or years or may never happen.

What to do next

• Find the date of the adoption order, because it decides whether a veto is possible.
• Decide whether you want to file a veto (if eligible), a no-contact notice or a contact preference.
• If you are the one searching, be ready to agree in writing not to make contact if a no-contact notice applies.
• Keep any correspondence from the Registrar General.
• Speak with a lawyer if you are unsure how a notice affects your plans.

How these tools apply depends on your situation, including the date of your adoption order and which notices are on file, so it is worth confirming the details with a lawyer before you file or contact anyone.

Frequently asked questions