|
|
|
IC 31-19-22-1
Application
Sec. 1. This chapter applies to adoptions that are filed before
January 1, 1994.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.27.
IC 31-19-22-2
Requirements for release of identifying information; release
prohibited; request information; affidavit
Sec. 2. (a) Except as provided in section 3 of this chapter and
subject to subsection (b) and section 12 of this chapter, 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 shall release identifying information in the
person's possession only if:
(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 individuals have submitted a written consent
under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to the
state registrar or the person from whom the identifying
information is requested that allows the release of identifying
information to the individual requesting the information:
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.161;
P.L.145-2006, SEC.257; P.L.191-2011, SEC.28.
IC 31-19-22-3
Consent not required
Sec. 3. (a) The consent of a birth parent is not required for release
of identifying information under this chapter if the individual
requesting the release of the identifying information under section 2
of this chapter submits:
(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 person releasing the
identifying information for each birth parent who is named on the
adoptee's original birth certificate.
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.29.
IC 31-19-22-4
Search of death certificates
Sec. 4. If an individual submits a request for the release of
identifying information under section 2 of this chapter, the state
registrar shall search the death certificates in the state registrar's
possession regarding the related adoptee or a birth parent:
(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 individual.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.30.
IC 31-19-22-5
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-22-6
Deceased nonconsenting adoptee or birth parent; release of
identifying information
Sec. 6. If, upon searching the death certificates under section 4 of
this chapter, the state registrar finds that the adoptee or birth parent
who has not yet submitted a written consent is deceased, the state
registrar shall inform the individual who submitted the request of the
death and:
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.31.
IC 31-19-22-7
Request contact
Sec. 7. An 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, birth parent,
or adoptive parent whose consent is necessary before identifying
information may be released under this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.32.
IC 31-19-22-7.5
Contact and disclosure prohibited
Sec. 7.5. An attorney, a licensed child placing agency, and a
county office of family and children may not contact an adoptee, a
birth parent, or an adoptive parent or disclose identifying information
upon a request under section 7 of this chapter if the request involves
an adoptee to whom both of the following apply:
IC 31-19-22-8
Contact; disclosure of identifying information by attorney, licensed
child placing agency, or county office of family and children;
written consent
Sec. 8. (a) Except as provided in section 7.5 of this chapter and
subject to section 12 of this chapter, an attorney, a licensed child
placing agency, or a county office of family and children who
contacts an adoptee, a birth parent, or an adoptive parent upon a
request under section 7 of this chapter may not disclose identifying
information unless the:
(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 individual
requesting the identifying information regarding the fact that an
adoptee, birth parent, or adoptive parent has consented to the release
of identifying information. The attorney, licensed child placing
agency, or county office of family and children may inquire as to
whether the adoptee, birth parent, 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 31-19-21, this chapter, IC 31-19-23 through IC 31-19-24,
and IC 31-19-25.5.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.29;
P.L.191-2011, SEC.34.
IC 31-19-22-9
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-22-10
Access to information by adoptee
Sec. 10. This chapter does not prohibit an adoptee who is at least
twenty-one (21) years of age from having access to identifying
information as provided by IC 31-19-25 and IC 31-19-25.5.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.35.
IC 31-19-22-11
Fee for services; fee for actual expenses
Sec. 11. (a) An attorney, a licensed child placing agency, or a
county office of family and children may charge a reasonable fee for
services performed or actual expenses incurred under section 8 of
this chapter.
(b) The following persons may charge a reasonable fee for actual
expenses incurred in complying with this chapter and IC 31-19-23:
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.36.
IC 31-19-22-12
Client consent required for release of identifying information by
attorney; court order
Sec. 12. (a) An attorney may release identifying information under
this chapter only if the client represented by the attorney in the
adoption has submitted a written consent to the release of identifying
information to the individual requesting the release of identifying
information.
(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.
As added by P.L.191-2011, SEC.37.