Bill Text: IN HB1019 | 2012 | Regular Session | Amended
Bill Title: Adoption history information.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Judiciary [HB1019 Detail]
Download: Indiana-2012-HB1019-Amended.html
Citations Affected: IC 31-9; IC 31-19.
Synopsis: Adoption history information. Allows a relative of an
adoptee or a pre-adoptive sibling to obtain medical history information
and to file a petition with an appropriate court to request the release of
medical information, nonidentifying information, or identifying
information. Requires that a petition requesting release of medical,
nonidentifying, or identifying information must include the reasons
why the release of information may be beneficial to the interested
person. (Current law requires that the petition must include reasons
why the release of information may be beneficial to the adoptee or birth
parent.) Requires the court to appoint a confidential intermediary if
certain requirements are met and the petitioner has shown an
emergency medical need or good cause relating to the welfare of an
adoptee, a birth parent, an adoptive parent, a relative of a birth parent,
a relative of an adoptive parent, a relative of an adoptee, a pre-adoptive
sibling, the department of child services or a county office of family
and children, an adoption agency, or a court. (Current law requires the
court to appoint a confidential intermediary if certain requirements are
met and the petitioner has shown an emergency medical need or good
cause relating to the welfare of an adoptee or birth parent.)
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Family, Children and Human
Affairs.
January 11, 2012, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) An adoptee.
(2) A birth parent.
(3) An adoptive parent.
(4) A relative of a birth parent.
(5) A relative of an adoptive parent.
(6) A relative of an adoptee.
(7) A pre-adoptive sibling (as defined in section 93 of this chapter).
JULY 1, 2012]: Sec. 1. (a) Any interested person may file a petition
with any court with probate jurisdiction in Indiana requesting the
release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar or not allowed to be
released by the state registrar.
(b) The contents of a petition must include to the best knowledge of
the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or congenital;
or
(iii) why the information to be sought or shared is necessary
for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or nonidentifying
information is sought, that sets forth the reasons why the
release of the information may be beneficial to the welfare of
the adoptee, or birth parent; any interested person; and
(C) that the medical, identifying, or nonidentifying information sought:
(i) is not available through the state registrar; or
(ii) is not allowed to be released by the state registrar.
(10) A statement by the petitioner that the petitioner agrees to the payment of:
(A) a reasonable fee for the services of a confidential intermediary if a confidential intermediary is appointed under section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney, a child placing agency, or a professional health care provider (as defined in IC 34-6-2-117) that is requested to search its records and release information under sections 2 through 11 of this chapter.
(11) A description of the medical, identifying, or nonidentifying information being sought.
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for disclosure of information; and
(B) has been afforded the opportunity to respond to the petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with the state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need; or
(ii) good cause relating to the welfare of
A confidential intermediary appointed under subdivision (2) may be any person who the court reasonably believes is competent to carry out the responsibilities described in section 3 of this chapter and meets the qualifications under section 14 of this chapter.
