Bill Text: IN HB1201 | 2011 | Regular Session | Enrolled
Bill Title: Release of adoption information.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1201 Detail]
Download: Indiana-2011-HB1201-Enrolled.html
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AN ACT to amend the Indiana Code concerning family law and juvenile law.
(b) "Adult", for purposes of the juvenile law, means a person other than a child.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. "Birth parent", for
purposes of IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means:
(1) the woman who is legally presumed under Indiana law to be
the mother of biological origin of an adoptee;
(2) the man who is legally presumed under Indiana law to be the
father of biological origin of an adoptee; or
(3) a man who establishes paternity of a child born out of
wedlock:
(A) in a court proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(1) any name that a party to an adoption has used or is using;
(2) any address that a party to an adoption has used or is using;
(3) the original certificates of birth stored with the state department of health with evidence of adoption under IC 31-19-13-2; and
(4) any other information, except the medical history, that may identify a person as a party to an adoption or as a birth parent, an adoptee, or an adoptive parent.
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 44.5 of this chapter, means an adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-13.
JULY 1, 2011]: Sec. 93. "Pre-adoptive sibling", for purposes of:
(1) IC 31-19-18;
(2) IC 31-19-16.5; and
(3) IC 31-19-25; IC 31-19-24; and
(4) IC 31-19-25.5;
means a person who would have been a sibling of an adoptee had the
adoptee not been adopted, regardless of whether the person is born
before or after the adoptee's adoption is finalized.
(1) an adoptive or whole blood related parent;
(2) a sibling; or
(3) a child.
(b) "Relative", for purposes of IC 31-34-3, means:
(1) a maternal or paternal grandparent;
(2) an adult aunt or uncle; or
(3) any other adult relative suggested by either parent of a child.
(1) is in charge of the division of the state department of health that administers the system of vital records; and
(2) has charge of the files and records pertaining to vital records.
(1) An explanation concerning the following:
(A) The availability of adoption history information under IC 31-19-17 through
(B) The birth parent's option to file a nonrelease form with the state registrar if the birth parent seeks to restrict the release of identifying information.
(C) That identifying information may be released unless the birth parent files the nonrelease form with the state registrar.
(2) A nonrelease form prescribed by the state registrar under IC 31-19-25-4.
(1) for a child adopted by a stepparent; or
(2) as provided in IC 31-19-17 through
(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) A pre-adoptive sibling who is at least twenty-one (21) years of age.
(5) The spouse or relative of a deceased adoptee.
(6) The spouse or relative of a deceased birth parent.
(b) The state registrar shall store all information received under this section in a manner that is readily recoverable.
(c) Any transmission of information received under this section must include an affirmation by the person that:
(1) the information is true or that the person believes the information to be true; and
(2) the person is a person described in subsection (a).
registrar shall publicize the availability of the adoption history
information, including the availability of the information under
(1) this chapter and IC 31-19-19 through IC 31-19-24; and
IC 31-19-25.5.
(2) IC 31-19-25.
(b) The state registrar's publicity efforts must include periodic
public service announcements regarding the availability of adoption
history information.
(1) may adopt rules under IC 4-22-2; and
(2) shall prescribe forms necessary;
to implement this chapter, IC 31-19-12-5, and IC 31-19-19 through
(b) The expenses of administering the fund shall be paid from:
(1) money in the fund; or
(2) if revenues are insufficient, a supplemental appropriation.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(b) Except as provided in subsection (c) or (d), a person that is required to store, maintain, or release adoption records or other adoption information under IC 31-19-12-5, IC 31-19-17, IC 31-19-18, this chapter, or IC 31-19-20 through
(c) A person who transfers adoption records or other adoption information to the state registrar or a transferee agency in accordance with IC 31-19-12-5 is not required to comply with the storage or maintenance requirements of subsection (b).
(d) A person, including a court, who obtains custody of or jurisdiction over adoption records or other adoption information following the dissolution, sale, transfer, closure, relocation, or death of a person shall transfer the records or other information to the state registrar or a transferee agency in accordance with IC 31-19-12-5, unless the person wishes to store and maintain the records in accordance with subsection (b).
(1) the county office of family and children;
(2) the department; or
(3) any of the licensed child placing agencies;
are confidential and open to inspection only as provided in IC 31-19-13-2(2), IC 31-19-17,
(b) The files and records described in subsection (a), including investigation records under IC 31-19-8-5 (or IC 31-3-1-4 before its repeal):
(1) are open to the inspection of the court hearing the petition for adoption; and
(2) on order of the court, may be:
(A) introduced into evidence; and
(B) made a part of the record;
in the adoption proceeding.
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or county office of family and children;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in IC 34-6-2-117);
are confidential and may be disclosed only in accordance with IC 31-19-17, this chapter, or
any person administering adoption records who recklessly, knowingly,
or intentionally:
(1) discloses any confidential information relating to any adoption
except as provided in
(A) IC 31-19-17, this chapter, or IC 31-19-20 through
IC 31-19-24; or IC 31-19-25.5;
(B) IC 31-19-25; or
(2) allows an employee to disclose any confidential information
relating to any adoption except as provided in this chapter;
commits a Class A misdemeanor.
(b) If a public employee commits a violation described in subsection
(a), the violation is cause for discharge.
(1) the last version of the consent filed with the holder; and
(2) IC 31-19-22 and IC 31-19-24 through IC 31-19-25.5.
(1) The state registrar.
(2) The department.
(3) County offices of family and children.
(4) Licensed child placing agencies.
(5) Professional health care providers (as defined in IC 34-6-2-117).
(6) Courts.
and any signed writing that withdraws or modifies a consent for
the release of identifying information received by the person to the
state registrar:
(1) The department.
(2) A county office of family and children.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in
IC 34-6-2-117).
(5) An attorney.
(6) A court.
(1) the information is requested by:
(A) an adoptee who is an adult;
(B) a birth parent;
(C) an adoptive parent;
(D) the spouse or relative of a deceased adoptee; or
(E) the spouse or relative of a deceased birth parent; and
(2) the following
(A) The adult adoptee.
(B) A birth parent.
(b) Except as provided under subsection (c), if an individual requests the release of identifying information under subsection (a) for an adoptee who is less than twenty-one (21) years of age, the
state registrar, the department, a county office of family and
children, a licensed child placing agency, a professional health care
provider, an attorney, and a court may not release identifying
information under this section unless the adoptee's adoptive parent
has submitted a written consent for the release of identifying
information.
(c) The state registrar, the department, a county office of family
and children, a licensed child placing agency, a professional health
care provider, an attorney, and a court may not release identifying
information under this chapter if the request for the release of
identifying information involves an adoptee to whom both of the
following apply:
(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state
department of health under IC 31-25-2-22.
(d) A licensed child placing agency, a professional health care
provider, an attorney, and a court:
(1) may request that the state department of health search the
list provided under IC 31-25-2-22 to determine whether an
adoptee's name is on the list; and
(2) shall, at the time of the request, provide:
(A) the name of the adoptee at the time parental rights
were terminated; and
(B) an affidavit under penalty of perjury affirming that the
licensed child placing agency, professional health care
provider, attorney, or court is seeking information
regarding the adoptee for the purpose of providing
identifying information under this chapter.
(e) Not later than five (5) days after the state department of
health receives a request and an affidavit under subsection (d), the
state department of health shall submit an affidavit to the child
placing agency, professional health care provider, attorney, or
court verifying whether the adoptee's name is on the list provided
to the state department of health under IC 31-25-2-22.
(1) a death certificate;
(2) an obituary; or
(3) any other form of evidence approved by the state department of health;
indicating that a birth parent is deceased
(b) The consent of an adoptee is not required for the release of identifying information under this chapter if the individual requesting the release of identifying information under section 2 of this chapter submits:
(1) the death certificate of the adoptee;
(2) an obituary for the adoptee; or
(3) any other form of evidence approved by the state department of health;
indicating that the adoptee is deceased to the person releasing the identifying information.
(1) who has not submitted a consent for the release of information under IC 31-19-21; and
(2) whose consent is necessary before identifying information may be released to the
(1) may not release identifying information if additional consent is required by this chapter; and
(2) may release identifying information if additional consent is not required by this chapter.
parent who submits a written consent for the release of identifying
information under IC 31-19-21 (or IC 31-3-4-27 before its repeal),
individual listed in section 2(a)(1) of this chapter may contact the:
(1) attorney;
(2) licensed child placing agency; or
(3) county office of family and children;
who arranged the adoption to request that the attorney, agency, or
county office of family and children contact the adoptee, or birth
parent, or adoptive parent whose consent is necessary before
identifying information may be released under this chapter.
(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state department of health under IC 31-25-2-22.
(1) adoptee who:
(A) is at least twenty-one (21) years of age gives written consent; or
(B) is less than twenty-one (21) years of age has the written consent of the adoptee's adoptive parents; and
(2) birth parent gives written consent;
to the release of identifying information by the attorney, licensed child placing agency, or county office of family and children.
(b) If:
(1) the:
(A) adoptee who is at least twenty-one (21) years of age; or
(B) adoptive parent of an adoptee who is less than twenty-one (21) years of age; and
(2) the birth parent;
consent to the release of identifying information but do not provide the consent in writing, the attorney, licensed child placing agency, or county office of family and children may inform the
(b)
(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A county office of family and children.
(5) A professional health care provider.
(6) An attorney.
(7) The state department of health.
(b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney's possession may be released only under a court order issued in a proceeding under IC 31-19-24.
(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; 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;
(ii) good cause relating to the welfare of the adoptee or the birth parent;
(iii) an interest in having contact with a pre-adoptive sibling; or
(iv) if the petitioner is a pre-adoptive sibling, an interest in having contact with an adoptee.
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.
(1) Consider:
(A) the highly emotional and personal issues relating to adoption;
(B) the privacy rights of both birth parents,
(C) the reasons the medical, identifying, or nonidentifying information is being sought under section 1 of this chapter; and
(D) any irreparable harm to a birth parent, an adoptee,
(2) Provide the confidential intermediary with an order authorizing the confidential intermediary to search certain records that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in IC 34-6-2-117).
An order under this subdivision must specify the information to be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential intermediary may have with any person from whom the medical, identifying, or nonidentifying information is being sought, such as providing that the confidential intermediary may only inform the person of the existence of the adoption history program administered by the state registrar under IC 31-19-18 through IC 31-19-23, this chapter,
(4) Specify the limitations, if any, that the court considers necessary to prevent the confidential intermediary's search under this chapter from resulting in harm to a birth parent,
(5) Require the confidential intermediary to affirm under oath that the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2 through
11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible.
(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) The spouse or relative of a deceased adoptee.
(5) The spouse or relative of a deceased birth parent.
(b) Except as provided in sections 3,
(1) the state registrar;
(2) the department;
(3) a county office of family and children;
(4) a licensed child placing agency;
(5) a professional health care provider;
(6) the attorney who arranged the adoption; and
(7) a court;
shall release identifying information in the
attorney, and a court may not release identifying information
under this chapter unless the adoptee's adoptive parent has
submitted a written consent for the release of identifying
information.
(b) The state registrar, the department, a county office of family
and children, a licensed child placing agency, a professional health
care provider, an attorney, and a court may not release identifying
information under this chapter if the request for the release of
identifying information involves an adoptee to whom both of the
following apply:
(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state
department of health under IC 31-25-2-22.
(c) A licensed child placing agency, a professional health care
provider, an attorney, and a court:
(1) may request that the state department of health search the
list provided under IC 31-25-2-22 to determine whether an
adoptee's name is on the list; and
(2) shall, at the time of the request, provide:
(A) the name of the adoptee at the time parental rights
were terminated; and
(B) an affidavit under penalty of perjury affirming that the
licensed child placing agency, professional health care
provider, attorney, or court is seeking information
regarding the adoptee for the purpose of providing
identifying information under this chapter.
(d) Not later than five (5) days after the state department of
health receives a request and affidavit under subsection (c), the
state department of health shall submit an affidavit to the child
placing agency, professional health care provider, attorney, or
court verifying whether the adoptee's name is on the list provided
under IC 31-25-2-22.
(b) A person who arranges for the signing of a consent to adoption shall provide the birth parent with a nonrelease form and the explanation described in IC 31-19-9-6.
(1) The state registrar.
(2) The department.
(3) A county office of family and children.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) The attorney who arranged the adoption.
(1) remains in effect during the period indicated by the
(2) is renewable; and
(3) may be withdrawn at any time by the
(f) A nonrelease form is no longer in effect if the birth parent who filed the nonrelease form is deceased unless the nonrelease form specifically states that the nonrelease form remains in effect after the birth parent's death.
(1) The department.
(2) A county office of family and children.
(3) A licensed child placing agency.
(4) A professional health care provider.
(5) An attorney.
(6) A court.
devise the form in a manner that indicates that the birth parent's lack of
consent to the release of identifying information is to remain in effect
for the time indicated by the birth parent. The form must:
(1) contain a space in which the birth parent may check "yes" or
"no" concerning whether the person individual submitting the
form desires the state registrar to send notice to the birth parent's
most recent address at the time that the form lapses in cases in
which the birth parent has not chosen to prevent the nonrelease
form from lapsing; and
(2) indicate that the birth parent may choose to prevent the
nonrelease form from lapsing.
(1) a death certificate;
(2) an obituary; or
(3) any other form of evidence approved by the state department of health;
indicating that the adoptee is deceased, to the person releasing the identifying information.
(1) a related adoptee:
(A) who has not submitted a consent for the release of information under IC 31-19-21; and
(B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or
(2) a birth parent who has filed a written nonrelease form
under section 3 of this chapter.
(1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and
(2) release the identifying information if additional consent is not required by this chapter.
(b) The state registrar may not release identifying information under subsection (a) concerning:
(1) a birth parent or adoptee if additional consent is required by this chapter; or
(2) a birth parent if a nonrelease form submitted by the birth parent specifically states that the nonrelease form remains in effect after the birth parent's death.
(1) a county office of family and children;
(2) a licensed child placing agency; or
(3) the attorney who arranged the adoption;
to request that the county office of family and children, the licensed child placing agency, or the attorney contact an adoptee whose consent is necessary before identifying information may be released under this chapter.
(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state department of health under IC 31-25-2-22.
(1) if the adoptee is at least twenty-one (21) years of age, gives written consent; or
(2) if the adoptee is less than twenty-one (21) years of age, has the written consent of the adoptee's adoptive parents;
to the release of identifying information by the county office of family and children, the licensed child placing agency, or the attorney.
(b) If:
(1) an adoptee who is at least twenty-one (21) years of age; or
(2) an adoptive parent of an adoptee who is less than twenty-one (21) years of age;
consents to the release of identifying information but does not provide the consent in writing, the county office of family and children, the licensed child placing agency, or the attorney may inform the birth parent regarding the fact that the adoptee or the adoptive parent has consented to the release of identifying information. The county office of family and children, the licensed child placing agency, or the attorney may inquire as to whether the adoptee or adoptive parent, whose consent is still needed before identifying information may be released, is interested in participating in the adoption registry under IC 31-19-18 through IC 31-19-24, this chapter, or IC 31-19-25.5.
(b) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter:
(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A county office of family and children.
(5) A professional health care provider.
(6) An attorney.
(7) The state department of health.
(b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney's possession may be released only under a court order issued in a proceeding under IC 31-19-24.
Chapter 25.5. Requests for Information Concerning Pre-Adoptive Siblings
Sec. 1. Except as provided under sections 6 and 7 of this chapter, this chapter applies to:
(1) adoptees; and
(2) pre-adoptive siblings;
who are at least twenty-one (21) years of age.
Sec. 2. (a) An adoptee may submit a written request to the state registrar that includes the following:
(1) A statement that the adoptee has an interest in having contact with any pre-adoptive siblings of the adoptee.
(2) A statement that authorizes the state registrar to release the name and present location of the adoptee to any pre-adoptive sibling of the adoptee who submits a similar request.
(b) A pre-adoptive sibling of an adoptee may submit a written request to the state registrar that includes the following:
(1) A statement that the pre-adoptive sibling has an interest in having contact with the adoptee.
(2) A statement that authorizes the state registrar to release the name and present location of the pre-adoptive sibling to the adoptee if the adoptee has submitted a similar request.
Sec. 3. (a) If an adoptee submits a written request to the state registrar under section 2 of this chapter, the state registrar shall determine whether the pre-adoptive sibling of the adoptee has
submitted a similar request.
(b) If a pre-adoptive sibling of an adoptee submits a written
request to the state registrar under section 2 of this chapter, the
state registrar shall determine whether an adoptee has submitted
a similar request.
Sec. 4. (a) This section applies to adoptions that are filed before
January 1, 1994.
(b) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of a pre-adoptive
sibling to an adoptee who submits a written request under section
2 of this chapter if the following requirements are satisfied:
(1) The pre-adoptive sibling of the adoptee has submitted a
written request under section 2 of this chapter.
(2) Each birth parent who is listed on the adoptee's original
birth certificate has submitted a written consent for release of
identifying information under IC 31-19-21.
(c) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of an adoptee to a
pre-adoptive sibling of the adoptee who submits a written request
under section 2 of this chapter if the following requirements are
satisfied:
(1) The adoptee has submitted a written request under section
2 of this chapter.
(2) Each birth parent who is listed on the adoptee's original
birth certificate has submitted a written consent for release of
identifying information under IC 31-19-21.
(d) The consent of a birth parent is not required for the release
of information under this section if a person who submits a request
under section 2 of this chapter provides:
(1) a death certificate;
(2) an obituary; or
(3) any other form of evidence approved by the state
department of health;
indicating that a birth parent is deceased to the state registrar for
each birth parent who is named on the adoptee's original birth
certificate.
(e) The state registrar shall search the death certificates in the
state registrar's possession regarding a birth parent if an adoptee
and a pre-adoptive sibling of the adoptee have submitted written
requests to be in contact. If the state registrar determines that a
birth parent is deceased, the consent of the birth parent who is
deceased is not required for the release of the information under
this section.
(f) If the state registrar is prohibited under this section from
releasing the name and address of a pre-adoptive sibling or an
adoptee, the state registrar shall provide information on requesting
the release of adoption information under IC 31-19-24 to the
adoptee or pre-adoptive sibling requesting the release of the
information.
Sec. 5. (a) This section applies to adoptions that are filed after
December 31, 1993.
(b) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of a pre-adoptive
sibling to an adoptee who submits a written request under section
2 of this chapter if:
(1) the pre-adoptive sibling of the adoptee has submitted a
written request under section 2 of this chapter; and
(2) a birth parent has not filed a written nonrelease form with
the state registrar under IC 31-19-25.
(c) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of an adoptee to a
pre-adoptive sibling of the adoptee who submits a written request
under section 2 of this chapter if:
(1) the adoptee has submitted a written request under section
2 of this chapter; and
(2) a birth parent has not filed a written nonrelease form with
the state registrar under IC 31-19-25.
(d) Except as provided under subsection (g), the state registrar
shall release information under this section if:
(1) both the adoptee and pre-adoptive sibling of the adoptee
have submitted requests under section 2 of this chapter; and
(2) the adoptee or pre-adoptive sibling who requested
information under section 2 of this chapter submits:
(A) a death certificate;
(B) an obituary; or
(C) any other form of evidence approved by the state
department of health;
indicating that a birth parent is deceased to the state registrar
for each birth parent who is named on the adoptee's original
birth certificate.
(e) The state registrar shall search the death certificates in the
state registrar's possession regarding a birth parent if:
(1) an adoptee and a pre-adoptive sibling of the adoptee have
submitted written requests to be in contact; and
(2) a birth parent has filed a nonrelease form under IC 31-19-25.
(f) Except as provided under subsection (g), if, upon searching the death certificates under subsection (e), the state registrar finds that a birth parent is deceased, the state registrar shall:
(1) inform the adoptee and pre-adoptive sibling of the death; and
(2) release the information if additional consent is not required by this chapter.
(g) The state registrar may not release information under this section to an adoptee or pre-adoptive sibling if:
(1) additional consent is required under this chapter; or
(2) a nonrelease form submitted by a birth parent specifically states that the nonrelease form shall remain in effect after the birth parent's death.
(h) If the state registrar is prohibited from releasing the name and address of the pre-adoptive sibling under this section, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee or pre-adoptive sibling.
Sec. 6. (a) If:
(1) an adoptee submits a request under section 2 of this chapter; and
(2) the pre-adoptive sibling of the adoptee is less than twenty-one (21) years of age;
the state registrar shall notify the adoptee if the pre-adoptive sibling has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee. However, the state registrar may not release the name or address of the pre-adoptive sibling to the adoptee.
(b) If:
(1) a pre-adoptive sibling submits a request under section 2 of this chapter; and
(2) the adoptee is less than twenty-one (21) years of age;
the state registrar shall notify the pre-adoptive sibling if the adoptee has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the pre-adoptive sibling. However, the state registrar may not release the name or address of the adoptee to the pre-adoptive sibling.
Sec. 7. (a) The adoptive parents of an adoptee who is less than twenty-one (21) years of age may submit a written request for information concerning the identity and present location of any
pre-adoptive siblings of the adoptee.
(b) The state registrar shall release information concerning the
name and present location of an adult pre-adoptive sibling to the
adoptive parents if the pre-adoptive sibling submitted a written
request under section 2 of this chapter.
(c) If a pre-adoptive sibling has not submitted a request under
section 2 of this chapter, the state registrar shall do the following:
(1) Search the sealed adoption records for information
concerning the pre-adoptive sibling.
(2) Release information to the adoptive parents only if the
pre-adoptive sibling is at least twenty-one (21) years of age
and consents to the release of the information.
(d) If a pre-adoptive sibling is less than twenty-one (21) years of
age, the state registrar shall provide information on requesting the
release of adoption information under IC 31-19-24 to the adoptive
parents.
Sec. 8. (a) The state registrar shall notify an adoptee who has
submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate a
pre-adoptive sibling; or
(2) a pre-adoptive sibling is deceased and had not submitted
a request under section 2 of this chapter.
The state registrar shall provide information to the adoptee on
requesting the release of adoption information under IC 31-19-24.
However, the state registrar may not release any information that
may identify the pre-adoptive sibling under this section.
(b) The state registrar shall notify a pre-adoptive sibling who
has submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate an
adoptee; or
(2) an adoptee is deceased and had not submitted a request
under section 2 of this chapter.
The state registrar shall provide information to the pre-adoptive
sibling on requesting the release of adoption information under
IC 31-19-24. However, the state registrar may not release any
information that may identify the adoptee under this section.
Sec. 9. A person may withdraw a:
(1) request by the person submitted under section 2 of this
chapter; or
(2) consent by the person for the release of information under
this chapter;
by submitting to the state registrar a statement signed by the
person withdrawing the request or consent.
Sec. 10. The state registrar may contact a person who submits
a request or consent under this chapter that is incorrectly or
incompletely executed to inform the person regarding the error in
the execution of the request or consent.
Sec. 11. The state department of health may charge a reasonable
fee for actual expenses incurred in complying with this chapter.
(1) The parent-child relationship between the child and a birth parent was terminated under IC 31-35 or IC 31-6-5-1 (before its repeal).
(2) The child is less than twenty-one (21) years of age.
(3) The name of the child has not been included previously in a list provided to the department of health under this section.
(b) The department shall provide the list described under subsection (a) through electronic means agreed to by the department and the state department of health.
; (11)HE1201.1.57. --> SECTION 57. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 31-19-22-5; IC 31-19-22-9; IC 31-19-25-6; IC 31-19-25-7; IC 31-19-25-8; IC 31-19-25-9; IC 31-19-25-10; IC 31-19-25-14.
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