Showing posts with label Ontario. Show all posts
Showing posts with label Ontario. Show all posts

Monday, August 11, 2008

CANADA - ONTARIO: The Search for One's Roots, August 11, 2008










HAMILTON SPECTATOR
August 11, 2008


The search for one's roots
Paul Zadvorny


For weeks at a time, I have sat in Hamilton's Central Library, searching for my resemblance in the black and white pages of old yearbooks. My eyes have tirelessly scanned hundreds of headshots, looking for a girl I imagine has red hair, blue eyes and a smile like my own.

I know my birth mother's face is there, and until new Ontario law comes into effect, Hamilton's Class of '78 is my only hope of solving the riddle of my identity.

Searching for people and information held in sealed adoption records has been a notoriously difficult endeavour for birth parents and for adoptees in Ontario. I am but one of thousands of people throughout the province who have had to endure the indignity of being denied the right to know where we came from.

Last fall we won and lost the chance to know our past when the government passed the Adoption Information Disclosure Act, only to have it immediately stuck down by the courts. The government has now introduced new legislation that corrects its past failure and may finally provide answers, and perhaps closure, to thousands of adoptees like myself.

It's a bizarre sensation knowing that for a short time early in my life, I was someone else. In the few days that I spent with my birth mother, she named me Christopher Paul 'D.' Thanks to the current law, the Catholic Children's Aid can tell me little else about my background. I know my mother's family came to Hamilton from Scotland. They were Catholic, upper-middle class with three children, my mother the eldest. She was 16 and heading into Grade 11 when I was born in September 1976. I know even less about my father -- he was 17 and born to a German family -- and I'm unsure he even knows I exist.

When I was 10 days old, I became Paul Gregory Zadvorny, son to parents every child should have. My parents never hid the fact that I was adopted, and they have always been supportive of my search for my birth mother. But as a kid, and even now, I've hesitated to discuss my adoption with them. I fear that I might upset my mum, or make her feel as though she has somehow become secondary. Consequently, much of what I have done in regard to my search has been on my own -- which at times makes things emotionally difficult.

At an early age, my longing for information was sporadic -- often triggered by family functions and uneasy feelings of not belonging. As a teen I recall curiously digging through my dad's filing cabinets, in search of something, anything, to satisfy my need to know. Finally, lingering amid old receipts and tax forms, I discovered my adoption papers. I remember crying when I read Christopher Paul D. -- it seemed to finally make my adoption real. Still, my discovery gave me a clue and a sliver of hope that one day my search might end, that I would finally find my roots.

With a starting point, I began to explore my options -- immediately finding that they were limited. I requested non-identifying information (where all of the aforementioned details of my former life originated), and added my name to the Adoption Disclosure Registry. After years of waiting for a response, I hit a brick wall. I had exhausted the only active search option provided to adoptees in Ontario.

It became an onerous waiting game. The registry is a list consisting of tens of thousands of adoptees in search of their past, weighted against three provincial employees conducting the searches. A veritable needle in a haystack. Something had to be done.

In April 2005, Community Services Minister Sandra Pupatello introduced a bill that promised to finally give adoptees in this province the right to finally know where they came from. I was ecstatic, and celebrated a moment that I and many others had anticipated for some time. If passed, Bill 187 would allow adoptees over 18 and birth parents to get information that had been sealed, such as birth certificates and adoption orders that would inevitably reveal identities.

Included in the bill was a "contact veto," which was similar to a restraining order where a concerned party could request not to be contacted by his or her birth relative. However, the bill did not have a universal "disclosure veto" provision that would allow a party to stipulate that his or her identifying information not be released.

The bill seemed to address both the wishes of the adoptee and birth parent, and was readily supported by the numerous children's agencies and adoption groups. It would also have brought Ontario in line with Alberta, Newfoundland and British Columbia, the only three provinces to have open adoption records.

In September 2007, the bill was passed. I took comfort that the answers I sought would soon be available. Two days later, Mr. Justice Edward Belobaba of the Ontario Supreme Court struck down the law. The act, he ruled, breached the privacy provisions granted by the Charter of Rights and Freedoms. In an instant, the hopes and efforts of many were simultaneously quashed.

Revised legislation was introduced by the provincial government and became law in May. Its one critical amendment allows either party to apply for a disclosure veto to prevent the release of the adoption records if the adoption was finalized before this Sept. 1.

Adult adoptees and birth parents will be able to apply for copies of original birth registrations and adoption orders starting in June 2009. Disclosure vetoes, by either party, will be accepted by the province starting in September.

I am cautious about getting my hopes up once again, so in the meantime I will continue to scan through yearbooks and make phone calls to strangers hoping to solve my personal mystery.

There seems to be an unspoken bond between mother and child. It is an experience that most people take for granted, and one that I arduously work to attain. It exists between my children and my wife, and between my brother (who's not adopted) and my adoptive mother. The optimistic outcome of my search would be to one day experience that bond.

However, with every idyllic foreshadowing of how my search may end, I have obviously had to consider the contrary. I cannot begin to imagine the emotions and circumstances that my mother faced, and thus have had to empathetically consider things from her perspective. And as difficult as it may be if she chose to remain anonymous, I would respect and accept her decisions.

Still, I continue to hold onto hope that one day my search will come to an end.

It is impossible to predict the results of my efforts, so I have had to prepare myself for whatever the outcome may be -- a harsh reality, softened by the fulfilment of having tried.

Paul Zadvorny lives in Hamilton. zadvorny@hotmail.com

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Saturday, May 24, 2008

CANADA/ONTARIO: Editorial: Adopting a New Law, May 23, 2008









THE SCUGOG STANDARD
May 23, 2008


Editorial: Adopting a new law

After 80 years of secrecy, the Province of Ontario is about to throw back the shroud of shame that it dropped on adoption in this province in the 1920s.

Adoptees and birthparents will soon be able to access the records kept on them by Children’s Aid Societies and the province’s Registrar General. For adoptees, it will mean the facts of their birth and arrival on the planet will become as available to them as they are to the rest of the population.

The ability to track relatives for health reasons or simply for the knowledge of one’s self that can be gained from such searches will become commonplace and an accepted part of our social structure.

In a column in today’s Standard local MPP John O’Toole searched for, and thinks he found, the one possible flaw in the system. He decries the fact that children taken from abusive homes could be sought out by their former parents in their new adopted homes after such children reach the age of majority.

Mr. O’Toole seems to want to continue the practice begun by his party in the 1920s of deciding for Ontario adotpees what will and won’t be good for them even into adulthood. It apparently did not occur to him that once such adoptees become of age they can get any number of legal guards put in place to stop unwanted contact and even though the relationship was abusive, the adoptee may require such contact for health information.

It is interesting to note that Mr. O’Toole turned down two requests in the 1990s to sponsor legislation to open the adoption files in Ontario even while other provinces turned out aged and morally corrupt adoption laws. The mistake that Mr. O’Toole and many of his fellow politicians have made over the last 80 years - and continue to make - is the characterization of adoptees as infants requiring protection.

The majority of adoptees in Ontario are fully grown adults with a well-formed sense of what is beneficial to them and what is not. They have the same curiosity about the good side and dark side of their families that all people have and they have the same rights to genetic history that all citizens of Ontario do.

All adult adoptees can judge the legislation on its face. All can read and write. One wrote this editorial.

Link to article

Wednesday, May 14, 2008

CANADA: Ontario to Open Adoption Records, May 14, 2008








CNW GroupMay 14, 2008

Ontario to OPen Adopton Records:
McGuinty Government Helps Adoptees, Birth Parents Unseal Personal
    Information

TORONTO, May 14 /CNW/ -

NEWS

A new Ontario law will soon give adult adoptees and birth parents access
to information that is currently sealed in their adoption records.
For years, adoptees and birth parents have worked to get personal and
family information from their original birth certificates and adoption
records. Ontario's new law will help adoptees find out what their original
names were, as well as who their birth parents were. It could also help birth
parents learn the name their child was given after he or she was adopted.
The law includes a new disclosure veto
(http://www.mcss.gov.on.ca/mcss/english/pillars/community/questions/adoption/a
bout_adopt_disclose_sys.htm) for adoptions that take place before September 1,
2008, and maintains no contact notices
(http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7
_0_252/_l/en?docid=STEL02_160608) for all adoptions registered in Ontario.
Adoptees and birth parents can begin to apply for disclosure vetoes in
September 2008. Adoptees and birth parents will be able to apply for
information from their adoption records starting in June 2009.

QUOTES

"For many, the bond between parent and child continues far beyond the
adoption process. So does the need to know your identity," said Minister of
Community and Social Services Madeleine Meilleur. "Now our adoption laws
finally recognize that reality."
"This act will have a profound impact on thousands of people who have
been longing for years, often decades, to know their roots or the names of
their children," said Wendy Rowney from the Coalition for Open Adoption
Records. "Finally, as adults, we can make private, responsible decisions
regarding contact."

QUICK FACTS

<< - Approximately 250,000 adoption orders have been filed (http://www.mcss.gov.on.ca/mcss/english/pillars/community/questions/adoption/a
bout_adopt_disclose_sys.htm) in Ontario since 1921.

- Almost 75,000 people have registered with Ontario's voluntary
Adoption Disclosure Register
(http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7
_0_252/_l/en?docid=STEL02_160616) since 1979, searching for information about
their birth
relatives.

- Ontario is the fifth Canadian province to open its adoption records.
British Columbia (http://www.vs.gov.bc.ca/adoption/releas_adopt.html),
Alberta (http://child.alberta.ca/home/602.cfm), Manitoba
(http://www.gov.mb.ca/fs/childfam/registry.html) and Newfoundland and
Labrador (http://www.gs.gov.nl.ca/gs/vs/adoption-records.stm) already
have open records, as do the United Kingdom
(http://www.gro.gov.uk/gro/content/adoptions/adoptioncontactregister/)
and New South Wales
(http://www.community.nsw.gov.au/DOCS/STANDARD/PC_101095.htm).

LEARN MORE

- Visit ServiceOntario to learn more about services and information for
adoptees and birth relatives
(http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7
_0_252/_l/en?docid=STEL02_160609).

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ontario.ca/community-news
Disponible en français


Thursday, May 1, 2008

CANADA: Jones Says Revised Adoption Bill Endangers Abused Childen, May 1, 2008



ORANGEVILLE CITIZEN
May 1, 2008


Jones says revised adoption bill endangers abused children
By DAN PELTON Staff Reporter

Dufferin-Caledon MPP Sylvia Jones fears the provincial government's latest attempt to provide access to adoption records will open up the possibility of abused children being victimized again.

As the Progressive Conservative Community and Social Services critic, she introduced an amendment to the bill during a committee hearing that was aimed at ensuring that children who are abused, removed from the home and subsequently adopted, would be automatically protected from having their personal information disclosed to the abuser without the adoptee's consent.

The original intention of the Access to Adoption Records Act was to open up all adoption records in Ontario, so birth parents and adopted persons could find and contact each other.

It was challenged in court, however, and the court ruled that past adoption records could not be opened.

The revised bill states that previous records cannot be opened without the consent of all parties involved.

Records of future adoptions, on the other hand, can be disclosed once the adopted person reaches the age of 19.

Ms. Jones says she is puzzled by this apparent lack of protection for formerly abused adopted persons, noting that such a provision was in the original legislation.

"This was in the original Liberal bill. I think it's an oversight, but it's not in the bill now."

There is a provision that allows either the adopted person or the birth parents to effectively veto any contact by those applying to do so.

"In today's environment, if there is an adoptee taken as a ward of the court because of abuse, the adoptive parents will know of the abuse and can inform the child of the abuse," said Liberal MPP Liz Sandals, one of four Liberals whose votes defeated Ms. Jones' amendments at the hearing. "The adopted child can then vote for a no-contact order."

Trish Keachie, executive director of Dufferin Child and Family Services, sides with Ms. Jones on the issue. "Our concern is that, even if they are over 18 and choose not to reconnect, (the adopted person) will have their personal information disclosed. That can be disconcerting. They do have a choice, but it forces them to relive what they've gone through."

Link to article

Monday, January 28, 2008

CANADA: Adoptees Claim They Lost Their Biological Parents Through Underhanded Methods, January 28, 2008


VANCOUVER SUN,
January 27, 2008


Adoptees claim they lost their biological parents through underhanded methods

by Duncan Thorne, Canwest News Service


EDMONTON -- An adopted woman's claim that her birth mother was tricked into surrendering her has prompted other adoptees to say they too lost their biological parents through underhanded methods.

In recent days, Canwest News Service has heard from adoptees across Canada who have read about the case of an Alberta woman who alleges in a lawsuit that her birth mother was told she had died at or soon after birth.

The lawsuit, which remains unproven, has become a lightning rod on Internet websites for adoptees and their biological parents. That's partly because the daughter is suing not only the Alberta government, a hospital and doctors but even her adoptive mother.

The adoptive mother says she had no role the decision to put the daughter up for adoption.

The daughter, born in the 1960s, has won a temporary publication ban against being identified.

"I'm supposed to be stillborn, too," says Sheri Sexton in an interview from Ottawa.

Sexton was born in 1968, near the end of what some adoptees now call a "baby-scoop era" when there was immense pressure to put young, single mothers' babies up for adoption.

After the Second World War, society became increasingly sexually liberated but until the 1970s birth outside marriage was taboo and abortion was illegal.

Sexton, put up for adoption immediately after birth in Ottawa, managed to find her birth mother, Darlene Hogan, 14 years ago.

Hogan was 19 when she gave birth to Sexton. She said she was forced to sign papers, while heavily sedated, allowing Sexton to be put up for adoption.

"I was kept in a room all day," Hogan says. "I did nothing but cry. I kept telling the man that I did not want to sign the papers."

A year later, in 1969, she gave birth to a second daughter. She was told the baby was stillborn.

Sexton and Hogan are puzzled that Sexton had been told her birthday was July 16, two days before the real date. Later, Sexton discovered problems with her birth records. A search of hospital files found her listed as "stillborn," the same as her younger sister.

Hogan is now convinced her second daughter lived.

A report on violence against women from the United Nations Economic and Social Council, refers to the case of an unmarried woman who gave birth at Toronto's Mount Sinai Hospital in 1970. The 2003 report says Tina Kelly was reportedly told by her doctor that the baby boy had died and that she was not allowed to see its body.

Kelly later realized she had never received a copy of the death certificate, the report says. The hospital's records indicated her baby went home with her.

She later reunited with her son.

Kelly allegedly discovered her child had been put up for adoption and that her doctor had accepted a bribe.

Elva Anderson was 19 in 1964 when she gave birth to twin boys in Mississauga, Ont.

She says her doctor told her the boys had died after birth. Once home, she got a call from the hospital that her twins were waiting to be collected.

Anderson says her former partner persuaded her the twins were dead. She now thinks she was duped and that her twins were put up for adoption.

Such allegations are hard to prove, says Michelle Edmunds who runs a website - theadoptionshow.com.

"The thing is that these women were never given a death certificate because there wasn't one," Edmunds said from Toronto. She said it's their word "against an entire system" that doctors told them their children had died.

Edmunds was herself put into foster care in 1964, then 19 months old, because her mother was considered unsuitable. She eventually found her mother, Elsie White, in Edmonton in 1996, a year before White died.

Bryony Lake of Victoria gave up her son to adoption after his birth in 1980. Lake wasn't misled into thinking he had died but, as a single mother, was pressured by her parents to surrender her baby.

In the course of searching for her son, she often heard stories of mothers being falsely told their babies had died.

"It's hard to say any of these are substantiated, other than perhaps Tina Kelly's," Lake acknowledged.

Still, it makes sense some mothers were told their babies had died, given attitudes of the 1960s and earlier, she said. "They may have thought it's the humane thing to do, for the mother, to tell her the baby died, if they figured the mother would not be able to keep the baby.

"They figured that would be less traumatic to a mother than letting her see and nurse her baby. What they didn't realize was it then took away her decision-making ability."

Lisa Pageau speaks for Mouvement Retrouvailles, a Quebec group which helps adoptees and biological parents reunite. She believes false claims of stillbirths were common in her province.

"In those days , they would put mothers to sleep to have their baby and when their mothers were groggy coming out of it, they would show them a very sick baby, a dead baby actually, and say, 'Your baby's dead,' " she says.

"And it wasn't true."

The woman with the lawsuit in Alberta has persuaded city police to investigate her claim of fraudulent adoption.

Police are conducting interviews and reviewing documents.

Mary Lou Reeleder, a Children's Services spokeswoman, said the department sometimes hears anecdotal stories of wrongful adoption but "nothing like that has come to their attention that was any more than, 'I have heard this.' "

Just as now, in the 1960s the courts screened adoptions and had to be satisfied that biological parents consented, Reeleder says.

Marge, an Edmonton adoptee who has long searched for her birth parents, said she fears the lawsuit will discourage the government from increasing access to adoption records.

Link to article

Tuesday, December 11, 2007

CANADA/ONTARIO: New Legislation Would Provide Greater Openess in the Future, Protect Privacy for Past Adoptions, December 10, 2007

Ontario Ministry of Communications and Social Services, December 10, 2007








December 10, 2007 Attention News Editors: Ontario Moves Forward To Open Adoption Records New Legislation Would Provide Greater Openness In The Future, Protect Privacy For Past Adoptions


TORONTO, Dec. 10 /CNW/ - The Ontario government has introduced new
legislation that will, if passed, help enshrine openness in future adoption records while providing a disclosure veto for people involved with past adoptions, Minister of Community and Social Services Madeleine Meilleur announced today. "We strongly believe that people should be able to learn about their own personal history," said Meilleur. "The legislation, if passed, will make open adoption records a cornerstone of Ontario's adoption laws. At the same time, it would safeguard the privacy of those involved in past adoptions."

The new legislation would, if passed, allow adult adoptees and birth
parents, whose adoptions were registered in Ontario, to: Apply for copies of their adoption orders and birth registrations - Place a disclosure veto on their file if their adoption order is made in Ontario before September 1, 2008.

In addition, anyone who chooses to place a disclosure veto on their file would be asked to voluntarily provide their medical history so that birth relatives may be able to obtain personal health information.

Adult adoptees and birth parents may continue to place a no-contact
notice on their file if they do not want to be contacted. They may also register a notice specifying a contact preference on how they prefer to be contacted.

Ontario Information and Privacy Commissioner Dr. Ann Cavoukian today
applauded the government for including a privacy-protective disclosure veto in the new bill. "This disclosure veto will preserve the privacy of a number of deeply concerned birth parents and adoptees, while still allowing the vast majority of birth parents and adoptees to obtain the information they are seeking." The Commissioner is deeply grateful to the Government for making these important changes, allowing the Bill to strike the right balance. The legislation is consistent with the recent Ontario Superior Court of Justice decision of September 19, 2007 and the views of Ontario's Information and Privacy Commissioner.

Wendy Rowney, president of Adoptions Search and Kinship and a member of
the coordinating committee for the Coalition for Open Adoption Records, stresses the importance of this legislation for adult adoptees: "Finally, the vast majority of adult adoptees in Ontario will have access to a historically accurate birth certificate." "We believe that it is in everyone's best interest to move quickly with these changes," said Meilleur. "We are committed to helping adoptees and birth parents get as much information as possible - important information about their past."

Disponible en français
www.mcss.gov.on.ca


**********

Backgrounder

ONTARIO'S NEW ADOPTION INFORMATION DISCLOSURE LEGISLATION

The Government of Ontario's new adoption information disclosure
legislation would, if passed, allow for more openness in adoption records while allowing those involved with past adoptions to protect their privacy.

The proposed legislation amends the Vital Statistics Act and the Child and
Family Services Act to allow: - Adoptees who are 18 years old or older to obtain copies of their original birth registrations that will provide them with their original birth name and may identify birth parents. - Adoptees who are 18 years old or older to obtain copies of their adoption orders that may provide information on where they were born and their given name at birth. - Birth parents to obtain information from their child's birth records and adoption orders if the adoptee is 19 years old or older. Information about the adoptive parents would be removed from the adoption records. Adult adoptees and birth parents will also be able to continue to place no-contact notices and contact preferences on their files.

Disclosure veto

If passed, the new legislation will allow adoptees and birth parents to
place a disclosure veto on their file if their adoption order is made in Ontario before September 1, 2008. If a disclosure veto has been placed on a file, copies of adoption orders or birth registrations will not be released. If a disclosure veto has been placed on a file, adoptees and birth parents can still apply for non-identifying information in their adoption records.

If
there are concerns about a severe medical condition, adoptees and birth parents may also be eligible for a severe medical search to obtain or share information about their family medical history, for example, information needed for an organ transplant.

The legislation, if passed, would ask anyone who registers a disclosure
veto on their file to voluntarily provide information about their family and medical history. This information can help a birth relative who needs to know about potential inherited medical conditions to make informed health care choices.

Regulatory change

The government has made an immediate regulatory change to restore the
province's ability to give adult adoptees and adoptive parents copies of their adoption orders. Identifying information about birth parents will be removed from these documents. An adoptee may require a copy of their adoption order to obtain certain documents including a passport or travel visa. The province's ability to release these important documents has not been available since the recent Superior Court of Ontario decision regarding the Adoption Information Disclosure Act, 2005. The new legislation will apply to all adoptions registered in Ontario.

Media Contacts:
Erika Botond Communications and Marketing Branch Members of the general public may call: or toll free at .

Disponible en français
www.mcss.gov.on.ca

Link to article