NSW Family Law - Can Mother be Compelled to Disclose Father's Name?

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Camker

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20 February 2017
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Thanks for reading...


Part 1-

The simple version: Can a birth mother be legally compelled to disclose the father's name to an adopted person?

Background:

The mother has stated that she knows the father's name and made a verbal commitment to disclose his name but has failed to do so. All information available has been sourced from the relevant agencies / Government departments, none of which identify the father.

Part 2-

Is there anything (legal) that would prevent the adopted person approaching the media or trying a social media campaign seeking information regarding the father (and using the birth mother's information for such purpose).

Thanks for any assistance.
 

Tim W

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Please supply all the details you care to.
The more detail, the better we can do to try and give you a meaningful answer
 

Tim W

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Are you the adoptee?
 

Camker

Member
20 February 2017
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0
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Thank you, Tim.

Yes, I am an adoptee born in the late 60's. I have met my mother once and during our meeting, she told me that she would tell me my father's name but she said she couldn't at the time. She also told me he was dead but would not elaborate. That was about 10 years ago.

Since then I have undergone a number of DNA tests but am not any closer to finding him. I am at a point where I believe the only way I'll ever find him is if she tells me.

The adoption took place in NSW.

Please let me know if you need more information.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
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Sydney
All information available has been sourced from the relevant agencies / Government departments, none of which identify the father.
You have therefore ruled out the existence of a contact veto?
Is there anything (legal) that would prevent the adopted person approaching the media or trying a social media campaign seeking information regarding the father (and using the birth mother's information for such purpose).
It would be most improper to include your mother's name in any such activity.
For all you know, she has not told any of her other relatives that you exist, and may have chosen not to tell them ever.
Consider, for example, that she may be withholding the name until the last of her own parents dies.

Consider also that she may have made an agreement with the genetic father not to reveal his name (to you or anyone) until after he (or perhaps, his parents)has/ have died.

On any of the above bases, you may cause her great distress.
Doing so could amount to a breach of a social media service's T&Cs.
Further, depending on the facts and circumstances, if you went to the media, or, say, ran a Facebook campaign, your actions could, in theory, found a charge of using a carriage service to harass.
This latter an offence, and I would therefore discourage you from doing it.