Powers to Seal Birth Records
Powers to Seal Birth Records Forever – Comparison by State
Apart from the numerous other contraventions of the United Nations Convention on the Rights of the Child (UNCRC) enabled by the various Adoption Acts of Australia, the differences on crucial points between the states and territories illustrate the arbitrary nature of the legislation.
Article 16
- No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence…
The most arbitrary of these is arguably the fact that the state you were adopted in determines whether you can have the right to know who you were born as, and who you were born to, taken away from you.
Aside from the sheer inhumanity of laws in this day and age that allow identity and ancestry to be severed in the name of “best interests”, the 2013 Federal Apology for Forced Adoptions made specific reference to and apologised for illegal acts that led to that severing of arguably most adopted adults alive today. Yet without knowing – or even questioning – if an adoption order was obtained illegally, most Australian jurisdictions still maintain powers to prevent an adoptee finding out their identity, let alone re-establishing it.
Article 8
- States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
- Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.