Text File

Newsgroups: alt.adoption From: hartung@crl.ucsd.edu (Jeffrey P. Hartung) Subject: Adoption Law text from KinQuest BBS Message-ID: <1obcqjINN63s@network.ucsd.edu> Date: 19 Mar 1993 02:57:23 GMT Organization: University of California, San Diego Lines: 865

This is the first of four text files I am sending out that I downloaded from KinQuest BBS. The SysOp, Bill Gage, asked me to please tell people where it came from and how to contact the KinQuest BBS. It's number is 718-998-6303. Note: I do not know for certain how accurate the information is, but it is generally up to date. Carol Komissaroff is a birthmother, activist, and lawyer, I believe.

--Jeff--

---------------------------------CUT HERE--------------------------------- SUMMARY OF STATE LAWS RESPECTING ACCESS TO ADOPTION RECORDS OR INFORMATION

Compiled July 1, 1988; Revised 9/90; 5/91 Copyright 1989, 1990, 1991 Carol Komissaroff

ALABAMA

After January 1, 1991, original birth certificates are no longer available on demand to adult adoptees. Instead, "mature" adoptees age 19 or older may receive identifying information about their birth parents only if there is a consent to release such information in the adoptee's file. If no consent is present in the file, the adoptee may petition the Court for the appointment of an intermediary to contact the birth parents to determine whether or not they object to the release of identifying information. If they (1) object, (2) are deceased, or (3) cannot be found, the Court, after weighing the interests and rights of the parties, will determine whether such information should be released. The Court also has the option of restricting use of identifying information, and prohibiting contact between the parties.

15 Code of Alabama 20-10A-30 et seq.

ALASKA

Alaskan law permits adoptees age 18 or older access to original birth certificates upon request, along with any change of name or address on file. Birth parents may receive identifying information on an adoptee age 18 or older, if there is a request on file for such disclosure by an adoptee. Adoptive parents and adult adoptees may receive the following non- identifying information: age of parent at surrender, heritage (national origin, ethnic background, tribal membership), medical information, number of years of school completed, physical description, existence of siblings, whether birth parent was alive at the time of adoption, religion, and information provided by the birth parent for the adoptee, such as photographs, letters and statement explaining the reasons for the adoption.

Alaska Statutes 13.11.045.

ARIZONA

Under the laws of Arizona, adoptions records are confidential. Access is only available by court order to persons demonstrating a "legitimate interest." Non-identifying information may be obtained by an adult adoptee, adoptive parent or birth parent from the court, agency, or person involved in filing the adoption proceedings.

Arizona Revised Statutes 8-120, 8-121.

ARKANSAS

The agencies are required to compile non-identifying genetic, health and social history of the birth family to make it available to the adoptee along with post-adoption information birth family members may have added to the file. Adoptive parents and adoptees may have this information after the adoptee reaches 18. Arkansas has a Mutual Consent Voluntary Adoption Registry. Individual birth family members related within the second degree (defined as biological siblings, aunts, uncles, cousins, and grandparents of the adoptee) may register for a possible reunion. There is a one-hour counselling requirement. For information about the registry, contact: Department of Human Services, Division of Children and Family Services, Permanency Planning Unit, P.O. Box 1437, Little Rock, Arkansas 72203-1437.

Ark. Stat. Ann 9-9-501 et seq.

CALIFORNIA

Non-identifying information, as well as letters, photographs or other items of personal property in the possession of the agency are to be released to the person for whom they were intended after the adoptee turns eighteen, provided that there is a written consent to the release of the person items. In the case of adoptions occurring before 1984, contact between an adoptee and birth parent may be arranged if the adoptee, birth parents and adoptive parents have filed waivers of confidentiality with the Department or agency. The Department or agency is prohibited from soliciting such waiver. In the case of adoptions occurring after 1984, adoptees may receive identifying information about their birth parents (including the most current known address) at the age of 21 if the Department of Social Services or a licensed adoption agency has received an affidavit from the birth parent authorizing such disclosure. Identifying information is available to adoptive parents any time the Department or agency determines that "medical necessity or other extraordinary circumstances justify the disclosure." In the case of adoptions occurring after January 1, 1984, birth parents may receive information regarding the status of their child any time after the adoption, except identifying information respecting the adoptive family. Identifying information regarding the adoptee may be disclosed if the adoptee is over 21 and has filed a consent to such disclosure. Biological siblings may be "matched" with an adoptee who is over 21 if waivers of confidentiality are filed. The birth parent must consent to release of identifying information if the sibling lived with the birth parent until he or she reached 18. For further registry information, contact: Department of Social Services, Adoptions Branch, 744 P Street, M.S. 19/68, Sacramento, California 97814. Telephone: (916) 322-5973.

Cal. Civ. Code 224o; 227b, 224v, 230.6 - 230.8.

COLORADO

Under Colorado law identifying information may be exchanged when the adult adoptee (age 21) and the birth parents have each filed consents. Relatives of deceased birth parents and relatives of deceased adoptees may also register. Information will only be released if both birth parents register UNLESS (1) only one birth parent is listed on the original birth certificate, (2) only one birth parent is still living, or (2) the non-consenting birth parent is unable to be located after a diligent search. For registry information, contact: Colorado Voluntary Adoption Registry, Colorado State Department of Health, 4210 E. 11th Avenue, Denver Colorado 80220. Telephone: (303) 331-4887.

Colo. Rev. Stat 25-2113.5.

CONNECTICUT

Connecticut includes adoptees and "adult adoptable persons" (individuals whose parents' parental rights were terminated, but who were not adopted) in their legislation. Non-identifying genetic, social and health history concerning birth parents is available to adult adoptees, adult adoptable persons and adoptive parents. Non-identifying information is defined to include age of birth parent in years at time of surrender, heritage, education, general physical appearance, talents, hobbies and special interests, existence of siblings, reasons for placement, religion, occupation, health history, manner in which plans for adoption were made, relationship between birth parents, other. Similar information about other blood relatives may also be revealed, if available. Adult adoptees (age 18) and adult adoptable persons may request identifying information, in writing to the agency or department which has it. The agency will conduct a search. If consents from both parents are obtained, the information will be released or the agency believes the information "would be seriously disruptive or danger the physical or emotional health" of the adoptee. Then counselling is required before the information is released. If the agency or Department cannot locate the person sought, the adult adoptee or the adoptable person may petition the court for release of identifying information, and must go for an interview to explain the reasons why identifying information is requested. At a hearing, the agency may speak as to the merits of the adoptee's request. The Court then decides whether or not to grant the petition. [It appears that lack of consent requires denial. If the Court denies the request for information, the Court may request the agency to contact the birth parent and give notice of the adoptee's request to the birth parent (without revealing the identity of the adoptee) and the adoptee shall be so notified. An adult adoptable person may receive a copy of his or her original birth certificate from the Department of Health Services. For information about the reunion registry, contact: Department of Children and Youth Services, 170 Sigourney Street, Hartford, Connecticut 06105. Telephone: (203) 566-8742.

Conn. Gen. Stat. 45-68j.

DELAWARE

Delaware law permits access to adoption records by court order only. In cases in which the adoptee's health or the health of a blood relative of the adoptee is concerned, if the agency has refused to release health information to the individual the Court may, on petition, permit that person to inspect that part of the agency or court record containing medical information for health reasons. Identifying information may be disclosed if blood relative are necessary to medical treatment.

13 Dom. Rel. 923, 924, 925.

DISTRICT OF COLUMBIA

In the District of Columbia, access to information in confidential adoption records is available by court order only.

FLORIDA

Adoption records are closed in the State of Florida, and may be opened only upon order of the court. The Florida Office of Vital Statistics permits adult adoptees, birth parents, adoptive parents, biological siblings, and biological grandparents to register information identifying those individuals with whom such information can be shared. Counselling on a fee for service basis is available to any registrant. For registry information contact: Florida Adoption Registry, Vital Statistics Registry, P. O. Box. 2197, Jacksonville, Florida 32232. Telephone: (904) 488-8000.

Chapter 82-166 (1983).

GEORGIA

Under Georgia Law, an adult adoptee (age 21), or the adoptive parents of an adoptee under the age of twenty-one may obtain non-identifying information which is defined to include the date and place of birth of the adopted person, and the genetic, social and health history of the adoptive parents. Identifying information -- which is defined as the person's name -- is available to an adult adoptee (age 21) if an unrevoked written permission to reveal the information appears in the adoptee's file. The Department of Social Services or placement agency must "verify" this permission before acting. If no such permission is in the file, an adult adoptee may ask the Department or agency to notify each parent listed on the original birth certificate of the adoptee's request for such information. "Notify" is defined to mean personal contact by a department employee. The birth parent is then given the opportunity to consent to the release of identifying information, or decline such consent. If the Department is unable after six months of diligent effort to find the original parents, the adoptee may petition the Court for release of identifying information. Permission will be granted if the court finds that the Department or agency made a diligent search, and further finds that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental or emotional health of the adopted person.

Domestic Relations Law 19-8-23

HAWAII

Adoptees or adoptive parents requesting non-identifying information contained in the records concerning ethnic background and necessary medical information will be permitted access to such information. An adopted adult (age 18) may submit to the family court a written request for the inspection of his or her adoption records. The Family Court will forward to the last known addresses of each birth parent notice of the request for inspection and accompanying papers. Unless the birth parent signs an affidavit requesting confidentiality and it is received by the Family Court within sixty days of the date of the notice, the birth parent will be deemed to have waived any rights of confidentiality and the records will be shown to the requesting adoptee. (Note: a birth parent may file a request for confidentiality for ten years, which may be renewed to cover the birth parent's lifetime. Affidavits of confidentiality expire at the death of the birth parent). If the original notice sent by the court is undeliverable, the Court will designate an agent to undertake a diligent search for the birth parent to confidentially provide the notice that otherwise would have been provided by mail. The appointed agent has 120 days in which to conduct such a search and notify the birth parent of the request for access to records. If the birth parent cannot be found, access shall nonetheless be given to the adult adoptee. If one birth parent is found and has given consent, but the other has not, the adult adoptee will not be permitted access to identifying information about the non-consenting birth parent. In adoptions occurring after January 1, 1991, the "search" provisions of the statute are obviated by notice to birth parents of the new law at the time of the adoption. With respect to birth parent access to identifying information about an adoptee who has attained the age of eighteen, reciprocal provisions for notice and an opportunity to file affidavits of confidentiality apply. Birth parents may also ask for copies of the original birth certificates of their children.

Hawaii Rev. Stat. 338-20.

IDAHO

In Idaho, a mutual consent registry is operated by State Registrar of Vital Statistics. Adult adoptees, birth parents, biological siblings of adult adoptees and biological relatives of deceased adoptees and deceased birth parents may register. Identifying information respecting birth parents will not be released to an adult adoptee without the consent of the other birth parent UNLESS there is only one birth parent listed on the original birth certificate, the other birth parent is deceased, or the other birth parent cannot be located. No governmental employee may solicit a consent for release of information or registration with the registry. There is no provision for the release of non-identifying information. For registry information, contact: Department of Health and Welfare, Division of Family and Children's Services, Statehouse Mail, Boise, Idaho 83720. Telephone: (208) 338-7000.

Idaho Code 39-259A (1985).

ILLINOIS

If a consent form is on file from the birth parents, identifying information may be provided to the adoptee at 21 (or younger with written permission of adoptive parents). Adult adoptees may register with the agency a desire not to have identifying information shared with the birth parents if such a request is made. Adoptive parents may register a similar non-consent on behalf of an adoptee under age 21. The Department of Public Health operates a mutual consent registry for matching birth parents and adult adoptees. Adoptees may register at 21, or if younger than 21 but older than 18, with written permission of the adoptive parents. Identifying information may only be provided to birth parents and adoptees if consents from both are on file. Non-identifying information will be provided to an adoptee age 18 or older upon request. For registry information contact: Illinois Adoption Registry, Illinois Department of Public Health, Division of Vital Records -- Adoption Registry, 605 W. Jefferson Street, Springfield, Illinois 62702. Telephone: (217) 782- 6553.

PA 83-1408.

INDIANA

With respect to medical information, the state registrar is required to release a copy of all medical history information on file to any interested person [defined to mean an adoptee, birth parent, adoptive parent, relative of birth parent, relative of adoptive parent, state or county department of public welfare, adoption agency, court]. The state registrar may release a copy of the medical history to any person who satisfies the registrar that the person has a legitimate need. Indiana operates a mutual consent registry for adult adoptees (age 21), birth parents, adoptive parents, relatives of deceased adoptees and relatives of deceased birth parents. Registrants may consent either to release of identifying information, non-identifying information (adoptions after 7/1/88 only) or both. Registrants must specify to whom information may be released. Identifying information will not be released unless the adoptee, a birth parent and the adoptive parents have registered. Non-identifying information is released upon request without consent of a birth parent for adoptions occurring after 7/1/88. For registry information, contact: Indiana State Board of Health, 330 W. Michigan Street, Indianapolis, Indiana 46202. Telephone: (317) 633-0274.

Ind. Code 31-3-4-26 et. seq.

IOWA

Non-identifying medical history information is available to adoptees and adoptive parents. Iowa law provides access to confidential adoption records only by court order. The Legislature has not considered the issue of a "search and consent" procedure since a proposal was submitted (and rejected) in 1985, although reportedly such efforts are currently being renewed. At this time, birth parents may file affidavits of consent or non-consent if an application on good cause is made to the court. The court may deny the application if there is a younger sibling adopted by the same parents.

KANSAS

Kansas law makes the original birth certificate available upon demand to adoptee at age 18.

Uniform Vital Statistics Act 65-2423.

KENTUCKY

In Kentucky, birth parents are asked at the time of the adoption whether they consent to the release of identifying information to their sons and daughters upon attaining adulthood. If there is written consent in the file, identifying information will be released to the adult adoptee (age 21). Consent may be given or revoked at any time by the birth parent(s). If such consent is not on file, an adoptee may ask the Court to search for his or her birth parents. The Court must do so. If such contact results in consent, the adoptee may see the records. Otherwise, adoption records may only be opened by court order. Adoptees 18 years of age or older may register with the Cabinet for Human Resources their desire to have contact with "pre-adoptive siblings." If the siblings register, and are eighteen years of age or older, identifying information will be released. For sibling registry information, contact: Cabinet for Human Resources, Department for Social Services, 275 East Main Street, 6th Floor West, Frankfort, Kentucky 40621. Telephone: (502) 564-2136.

Ky. Rev. Stat. 199.572 et seq.

LOUISIANA

Louisiana has a mutual consent registry operated by the Department of Health and Human Services for adoptees (age 25 or older), birth mothers and birth fathers if the father has legitimated or formally acknowledged the child as provided by law or has signed a voluntary abandonment and release for the child's adoption. One hour counselling is required upon registration. For registry information, contact: Louisiana Voluntary Registry, Department of Health and Human Resources, P. O. Box 3318, Baton Rouge, Louisiana 70821. Telephone: (504) 342-4041.

La. Rev. Stat. Ann. 9:40:91.

MAINE

Maine has a mutual consent registry maintained by the State Registrar of Vital Statistics to facilitate contact between adoptees (age 18), adoptive parents of adoptees under age 18, and birth parents. For registry information, contact: Maine State Adoption Reunion Registry, Division of Vital Records, 221 State Street, Augusta, Maine 04333. Telephone: 289-3181.

Me. Rev. Stat. Ann. tit. 22, 2706-A; 2765.

MARYLAND

Maryland has a mutual consent registry for adult adoptees (age 21), birth parent(s) and biological siblings. For registry information, contact: Mutual Consent Voluntary Adoption Registry, Social Services Administration, 311 W. Saratoga Street, Baltimore, Maryland 21201. Telephone: (301) 333-0237.

Md. Fam. Code Ann. Subtitle 4A.; State Gov't Article, Sec. 10-616, originally enacted in 1970 as Ch. 698, Laws of MD.

MASSACHUSETTS

In Massachusetts, identifying information may be released to an adult adoptee (age 21) and to birth parents if a placement agency has received written permission from both the adoptee and birth parent. An adoptee under the age of 18 may receive identifying information if he or she has the written permission of the adoptive parents. Non-identifying information concerning medical, ethnic, socio-economic, and educational circumstances is available upon the request of adoptees (age 18), birth parent(s), and adoptive parents if the adoptee is younger than 18. The placement agency may also, at its discretion, release non-identifying information concerning the circumstances under which the adoptee was placed for adoption.

Mass. Gen. Laws Ann. ch. 210 5D.

MICHIGAN

In Michigan, a child placing agency, court or Department of Social Services may release identifying information to an adult adoptee (age 18) only when (a) both birth parents have filed a consent with the Department; (b) one birth parent has filed a consent and the other has FAILED to file a statement denying consent; (c) one birth parent is deceased, a biological sibling of the adoptee who is also a biological child of the deceased birth parents has filed a consent and the other birth parent has FAILED to file a denial of consent; or (d) both birth parents are deceased and their death was the reason for adoption. In the case of adoptions occurring after 9/12/80, an adult adoptee (age 18) may receive identifying information concerning birth parent(s) unless either has filed a written request that the information not be released.

Mich. Comp. Laws 710.68.

MINNESOTA

Minnesota law provides that adult adoptees (age 19), adoptive parents and birth parents may ask an adoption agency to provide current information or to facilitate contact. Agencies must contact the person sought in a confidential manner to determine whether there is a desire to receive or share information or to have contact. (Same arrangement for siblings, if it would not violate confidentiality of birth parent). In the case of adoptions occurring after 8/1/82, the agency may release identifying information to an adult adoptee (age 21) unless the birth parent has filed an affidavit objecting to the release of such information. If such an affidavit has been filed the adoptee may still petition the court to provide the information. If such a petition is filed, the birth parent shall have the opportunity to present evidence to a court that nondisclosure of identifying information is of greater benefit to the birth parent than disclosure to the adopted person. For all other adoptions, an adoptee 21 years of age or older may request identifying information about the birth parents from the Department of Health. The Department of Human Services must then try to contact each birth parent listed on the original birth certificate. If the birth parent is located, the Department must inform him or her of the request for information and of the right of that parent to file a consent or a denial of consent. If the Department is unable to locate and notify a birth parent listed on the original birth certificate and if neither birth parent has filed a denial of consent, identifying information may be disclosed to the adoptee (adopted prior to 8/77) with court order. (No court order required for adoptions occurring after 8/77). If either birth parent has filed a denial of consent to release of information, information may not be released. If both birth parents are notified, then information cannot be released without a consent from both.

Minn. Stat. Ann. 259.47 et. seq.

MISSISSIPPI

In Mississippi, access to confidential adoption records is available by court order, only.

Dom. Rel. 453.120.

MISSOURI

Non-identifying information may be revealed by the agency or the court upon written request by adoptive parents, or adopted adult. Missouri law provides that adult adoptees (age 21) may petition the court to receive information about their birth parent(s). If the adoption was instituted prior to August 13, 1986, the court must order court personnel or a child placing agency to contact the adoptee's adoptive parents. The court personnel or agency may not contact the birth parent(s) without the written permission of the adoptive parents. If the adoptive parents provide such permission, the agency or court personnel must attempt to contact the birth parent(s). Court personnel have three months to conduct such a search. If a birth parent is contacted, he or she may file a consent to the release of identifying information. If a consent is not filed or the agency or court personnel are unable to notify the birth parent, information may not be released. For adoptions that took place after August 13, 1986, the permission of the adoptive parents is unnecessary. Identifying information regarding adult biological siblings of adult adoptees may be released by a court if it is found that such information is necessary for urgent health related purposes or if consent is provided by the adult biological sibling.

Mo. Rev. Stat. 453.131.

MONTANA

In Montana, information in adoption records is available only by court order.

NEBRASKA

An adopted person 25 years of age or older may request access to the names of relatives or the original birth certificate. Upon receipt of such a request, the bureau shall look for consent and non- consent (veto) forms. If a birth-parent consent is on file, and there is no veto filed by the adoptive parents, the bureau shall release identifying information to the adoptee. If no birth parent consent is on file, and if no adoptive parent veto filed, the adoptee will be given the name and address of the court which issued the adoption decree, the name of the agency involved if any, and the fact that an agency may assist the adoptee in searching for relatives. If the birth parent(s) is/are deceased, and there is no AP or BP veto on file, identifying information shall be released. If birth parent consent(s) has been filed, and there is no adoptive parent veto, the original birth certificate shall be given to the adoptee.

If there is no birth parent consent on filed, and no adoptive parent veto, the adoptee may ask the agency to undertake a search to seek such consent. Costs shall be borne by the adoptee, irrespective of the outcome. Medical history information contained in agency files shall be provided to an adoptee upon request, with names and place of birth redacted.

Neb. Rev. Stat. 43-113 et. seq.

NEVADA

In Nevada, a mutual consent registry is operated by the state welfare division of the Department of Human Services for adult adoptees (age 18) and birth parent(s). For registry information, contact: Department of Human Resources, Welfare Division, 2527 North Carson Street, Carson City, Nevada 89710. Telephone: (702) 687-3023. There is a special form to send in which must be notarized.

Nev. Rev. Stat. 127.007.

NEW HAMPSHIRE

The laws of New Hampshire state that identifying information must be shared with an adult adoptee (age 21) if the birth parent(s) has signed a release form. Information will not be released unless such a form is on file with the agency and the agency has attempted to contact the birth parent(s) to reaffirm the desire to be contacted. Non-identifying information is available to adult adoptees and adoptive parents.

N.H. Rev. Stat. Ann 170-B:19.

NEW JERSEY

In New Jersey, confidential adoption records are available by court order only. The Division of Youth and Family Services operates a registry for its placements only. Those individuals may contact: Department of Human Services, Division of Youth and Family Services, 1 South Montgomery Street, CN 717, Trenton, New Jersey 08625. Telephone: (609) 633-3991.

NEW MEXICO

In New Mexico, confidential adoption records are available only by court order.

NEW YORK

New York has a mutual consent registry available to adult adoptees (age 21), adoptive parents and birth parents. For adoptions occurring prior to January 1, 1984, identifying information will only be released if the adult adoptee, the adoptive parents and each birth parent who consented to the adoption have registered. The need for consent of adoptive parents is waived if they are deceased. For adoptions occurring after January 1, 1984, no consent of adoptive parents is required. For registry information, contact: New York State Health Department, Adoption Information Registry, Corning Tower, Room 208, Empire State Plaza, Albany, New York 12237. Telephone: (518) 474-2800.

N. Y. Pub. Health L. 4138(b)-(d).

NORTH CAROLINA

In North Carolina, confidential adoption records are available only by court order.

N.C. Ch. 48.

NORTH DAKOTA

In North Dakota, an adult adoptee (age 18) may request the Department of Human Services to disclose identifying information concerning the birth parent(s). The Department must notify the child placing agency maintaining the adoption records and the agency must attempt to locate the birth parents. If the agency is unable to locate the birth parent(s), information may not be released. If either of the birth parents has filed an affidavit denying consent to release of identifying information, information may not be released. Information may only be released if both birth parents have filed a consent. Adult adoptees may request from the Department identifying information respecting adult biological siblings. Information will only be released with the written consent of the sibling and of any biological parents of the sibling if he or she knows their identity.

N.D. Cent. Code, Ch. 14-15, 16.

OHIO

In Ohio, individuals adopted prior to 1964 have a right to examine their original birth certificates upon request, UNLESS sometime after 1964, someone requested the "reissuance" of a birth certificate in the adopted name, in which case, the original birth certificate was sealed. For adoptions occurring after 1964, access to the original birth certificate is available by court order, only. Birth parents and biological siblings may file an authorization for the release of identifying information with the Department of Health. If such an authorization(s) has (have) been filed, an adult adoptee (age 21) who petitions the probate court will receive the information. If no releases are contained in the file, the adoptee's request is marked "pending" and will be held until either releases are received, or the biological parent(s) are deceased, 30 days after which the petition for information will be granted. There is a reunion registry. For information, telephone: (614) 644-5635.

Ohio Rev. Code Ann. 3107.41.

OKLAHOMA

In Oklahoma, access to confidential adoption records is available by court order only. The Department of Human Resources operates a mutual consent voluntary register for persons adopted through the public agency only. For registry information, contact: Voluntary Adoption Reunion Registry, P. O. Box 25352, Oklahoma City, Oklahoma 73125. Telephone: (405) 521-4373.

OREGON

Oregon operates a mutual consent registry for adult adoptees (age 21), birth parent(s), biological siblings (age 21), and parents of deceased birth parent(s). Registration is $25. Non-identifying information is available for a fee of $45 to adoptees 18 or older, birth parent(s), adoptive parents, and in the event of the death of an adoptee, an adoptee's spouse and children if they are 18 or older. For registry information, contact: Department of Human Resources, Children's Services Division, 198 Commercial Street, S.E., Salem, Oregon 97310-0450. Telephone: (503) 378-4452.

Ore. Rev. Stat. 109.45 et seq.

PENNSYLVANIA

In Pennsylvania, an adult adoptee (age 18), or adoptive parents of adoptees under 18 may petition the court for release of identifying information concerning birth parent(s). The court must appoint either a county agency or a private adoption agency to attempt to locate and contact the birth parent(s). The court may deny the request to search for the birth parent(s) if it believes that there is a substantial risk that persons other than the birth parent(s) would learn of the adoptee's existence and relationship to the birth parent(s). An adoptee or his or her adoptive parent may also make a direct request to an adoption agency to search for the birth parent(s). Identifying information concerning the birth parent(s) may only be released if both birth parents consent. If only one birth parent consents to the release of the information, only information about that birth parent may be disclosed. Birth parents may file with the court or the Department of Health a consent form granting permission to disclose to the adoptee the information contained in the adoptee's original birth certificate. Such information may not be released without such a consent and only to an adoptee 18 years of age or older (with adoptive parent permission, if under 18).

23 Pa. Cons. Stat. 2905.

RHODE ISLAND

In Rhode Island, access to confidential adoption records is available by court order only.

R.I. Gen. Laws 23-3-15.

SOUTH CAROLINA

In South Carolina, there is a mutual consent registry for adult adoptees (age 21), birth parent(s), and biological siblings of adoptees. Counseling must be provided by an adoption agency prior to the release of identifying information. For registry information, contact: Adoption Reunion Register, Department of Social Services, P. O. Box 1520, Columbia, South Carolina 29202-1520. Telephone: (803 734-6095.

S.C. Code Ann. 20-7-1780.

SOUTH DAKOTA

In South Dakota, the Court may order disclosure of records of adoption proceedings to adult adoptees and adoptive parents. The Department of Social Services maintains a voluntary adoption registry for adult adoptees and birth parent(s).

S.D. Codified Laws Ann. 25-6-15 et seq.

TENNESSEE

In Tennessee, adult adoptees (age 25) may request the Department of Human Services to attempt to locate their birth parent(s) and seek consent to the release of identifying information. If the birth parent objects, the information will not be released. If the Department is unable to locate the birth parent(s), identifying information will be released.

Tenn. Code Ann. 36-1-141.

TEXAS

Texas also has a mutual consent registry provision. Registries are established within the Department of Human Resources and licensed agencies to facilitate contact between adult adoptees (21 years), birth parents, and biological siblings. In the case of partial "matches" (one birth parent but not the other) information will nonetheless be released under specified circumstances indicating that the birth father was adjudicated "unknown," was not identified, or has not legitimated the adoptee. There is a one-hour mandatory counselling provision. For registry information, contact: Department of Human Services, P. O. Box 2960, Austin, Texas 78769. Telephone: (512) 450-3302.

Tex. Hum. Res. Code Ann., Tit. 2-D, Ch. 49.

UTAH

In Utah, records are sealed and may be opened only by court order upon a showing of good cause. Requests to open sealed adoption records are initiated by formal petition in the court in the county where the adoption took place. Where a petitioner is seeking medical information to aid in the preservation of his or her health, petitioner must contact the bureau of vital statistics and the agency involved in the adoption to request non-identifying information, accompanied by a letter from a physician stating the need, and whether the information requested is necessary for the preservation of the health of petitioner. Where petitioner is seeking something other than medical information from the adoption records, he or she must register with the Voluntary Adoption Registry. Identifying information will be released when a registration is received by a court or licensed child placing agency from an adult adoptee (age 21) and a birth parent. Information will not be released if the adult adoptee has a biological sibling who was raised in the same family and who has not yet reached age 21. Adult biological siblings of adoptees may also register. If a registration has been received from both the adult adoptee and his or her biological sibling, such information may be released. For registry information, contact: Adoption Reunion Registry, Department of Health, Vital Statistics, 288 N. 1460 W., Salt Lake City, Utah. Telephone: (801) 538-3916.

Utah Code Ann. 78-30-15; 78-30-18.

VERMONT

In Vermont, access to confidential adoption records is available by court order only. Vermont law includes a mutual consent registry provision. For registry information, contact: Department of Social and Rehabilitation Services, Division of Social Services, Adoption Unit, 103 South Main Street, Waterbury, Vermont 05676. Telephone: (808) 241-2131.

Vt. Stat. Ann. tit. 15 460-65.3

VIRGINIA

In Virginia, access to confidential adoption records is available by court order only.

WASHINGTON

In Washington, access to confidential adoption records is available by court order only. The department or agency may disclose non-identifying information necessary for medical purposes upon the receipt of a verified written request for the information from the adoptive parents, the adoptee or the natural parents.

West's Rev. Code, Washington Ann., Domestic Relations 26.33.330.

WEST VIRGINIA

In West Virginia, access to confidential adoption records is available by court order only.

WISCONSIN

In Wisconsin, the Department of Health and Social Services maintains a centralized file for the maintenance of genetic and medical information provided by the birth parent(s). Such information is available on request in a non-identifying form to an adult adoptee (age 18), adoptive parents, the offspring of a child placed for adoption if the offspring are at least 18 years old, and an agency or social worker providing services to a child placed for adoption. If the desired information is not in the centralized birth record file, the Department will conduct a confidential search for the birth parent(s) if the request is accompanied by a doctor's certification that the person's condition requires access to this information. Upon contacting the birth parent(s), the Department, with consent of the birth parents, will provide the requesting party with the desired genetic or medical information in a non-identifying fashion. If the birth parent(s) consent to the release of this information the requesting party may petition the court for release. Identifying information will be provided to an adult adoptee (age 21) if both birth parents have filed with the Department or adoption agency a consent to the release of such information. Information will be released if only one parent files such consent ONLY if the other parent was not known at the time of the original adoption. If the Department or agency does not have consents on file, the Department will [upon request] attempt to locate the birth parent(s). If they are located and consent given identifying information will be released. If they are located and consent not given, identifying information will not be released. If one known birth parent is located but not the other, information will be released. If neither is located, information will not be released. For information, contact: Adoption Search Program, Adoption Search Coordinator, P. O. Box 7851, Madison, Wisconsin 53707. Telephone: (608) 266-7163.

Wisc. Children's Code 48.432, 473.

WYOMING

In Wyoming, access to confidential adoption records is available by court order only. However, on February 23, 1991, the governor signed a bill permitting adult adoptees (age 19), adoptive parents, biological parents, biological grandparents, or biological siblings to petition the Court to appoint a confidential intermediary for the purpose of determining the whereabouts of unknown biological relatives (except minors). Where both parties file consents with the Court, the intermediary may arrange for contact between them.

---------------------------------CUT HERE--------------------------------- -- --Jeff Hartung-- Disclaimer: My opinions only, etc., etc., BLAH! BLAH! BLAH!... InterNet - hartung@crl.ucsd.edu BITNET - hartung@ucsd UUCP - ucsd!crl.ucsd.edu!hartung