Veto provision in new Adoption Act could be 'devastating,' says advocate for open records

A mother who gave her child up for adoption more than 30 years ago is happy the P.E.I. government has decided to open adoption records, but worries the new legislation doesn’t go far enough.

Theresa Aylward concerned new legislation doesn't go far enough

Shane Ross · CBC News · Posted: Nov 15, 2018 7:00 PM EST | Last Updated: November 16, 2018

Theresa Aylward, who gave a child up for adoption more than 30 years ago, said the veto provision could deny one party the right to know their biological family. (CBC News: Compass)

Imagine, Theresa Aylward says, if you were a birth parent or adult adoptee who searched unsuccessfully for years for your biological family. You are given hope when you think you finally have access to adoption records, only to discover you are blocked by a veto.

"That would be absolutely devastating," Aylward said.

Aylward has been lobbying the P.E.I. government for more than 15 years to open its adoption records, which were previously considered sealed unless both parties consented to have them opened.

She said she felt "a sense of accomplishment and relief" on Tuesday when the government announced it would change the Adoption Act to make the records open.

Adoption Act review indicates how identities could be protected in some cases

Announcement of open adoption records a happy surprise for advocate

"It was a pretty emotional day," she said.

'The right to know'

However, Aylward said she has concerns about the veto provision for adult adoptees and birth parents who want to protect their identity. The veto will be available to people whose adoption records were finalized before changes to the act take effect.

With open records, it doesn't necessarily mean there is going to be a relationship.— Theresa Aylward

"I believe people have the right to know their families," she said. "We're not talking about children, we're talking about adult adoptees who like everybody else should have the right to know their family history, they should know who they might look like, they should know their medical history."

No veto option after act amended

Aylward, who gave a child up for adoption more than 30 years ago, said the veto provision could deny one party the right to know their biological family.

"With open records, it doesn't necessarily mean there is going to be a relationship," she said. "It should be a decision made by two people and a choice by an adult."

P.E.I. government to open adoption records

There is no option to file a veto for adoptions finalized after the legislation is amended.

The advisory committee on P.E.I.'s Adoption Act recommends that a veto shouldn't be implemented without a review of the potential impacts on the people involved.