9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the clerk of
the court pursuant to this part is not open to inspection by any
person other than the parties to the proceeding and their attorneys
and the department, except upon the written authority of the judge of
the superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in this section for
inspection or copying to any other person, unless the name of the
child's birth parents or any information tending to identify the
child's birth parents is deleted from the documents or copies
thereof.
(c) Upon the request of the adoptive parents or the child, a clerk
of the court may issue a certificate of adoption that states the
date and place of adoption, the child's birth date, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent, the certificate shall not state the
name of the child's birth parents.
9201. (a) Except as otherwise permitted or required by statute,
neither the department nor a licensed adoption agency shall release
information that would identify persons who receive, or have
received, adoption services.
(b) Employees of the department and licensed adoption agencies
shall release to the department at Sacramento any requested
information, including identifying information, for the purposes of
recordkeeping and monitoring, evaluation, and regulation of the
provision of adoption services.
(c) Prior to the placement of a child for adoption, the department
or licensed adoption agency may, upon the written request of both a
birth and a prospective adoptive parent, arrange for contact between
these birth and prospective adoptive parents that may include the
sharing of identifying information regarding these parents.
(d) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective adoptive parent or birth parent with other social service
agencies, including the department and other licensed adoption
agencies, or providers of health care as defined in Section 56.05 of
the Civil Code.
(e) Notwithstanding any other law, the department and any licensed
adoption agency may furnish information relating to an adoption
petition or to a child in the custody of the department or any
licensed adoption agency to the juvenile court, county welfare
department, public welfare agency, private welfare agency licensed by
the department, provider of foster care services, potential adoptive
parent, or provider of health care as defined in Section 56.05 of
the Civil Code, if it is believed the child's welfare will be
promoted thereby.
(f) The department and any licensed adoption agency may make
adoption case records, including identifying information, available
for research purposes, provided that the research will not result in
the disclosure of the identity of the child or the parties to the
adoption to anyone other than the entity conducting the research.
9202. (a) Notwithstanding any other law, the department or licensed
adoption agency that made a medical report required by Section 8706,
8817, or 8909 shall provide a copy of the medical report, in the
manner the department prescribes by regulation, to any of the
following persons upon the person's request:
(1) A person who has been adopted pursuant to this part and who
has attained the age of 18 years or who presents a certified copy of
the person's marriage certificate.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part.
(b) A person who is denied access to a medical report pursuant to
regulations adopted pursuant to this section may petition the court
for review of the reasonableness of the department's or licensed
adoption agency's decision.
(c) The names and addresses of any persons contained in the report
shall be removed unless the person requesting the report has
previously received the information.
9202.5. (a) Notwithstanding any other law, the laboratory that is
storing a blood sample pursuant to Section 8706, 8817, or 8909 shall
provide access to the blood sample to only the following persons upon
the person's request:
(1) A person who has been adopted pursuant to this part.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part. The adoptive parent may
receive access to the blood sample only after entry of the order of
adoption.
(b) The birth parent or parents shall be given access to any DNA
test results related to the blood sample on request.
(c) Except as provided in subdivision (b), no person other than
the adoptive parent and the adopted child shall have access to the
blood sample or any DNA test results related to the blood sample,
unless the adoptive parent or the child authorizes another person or
entity to have that access.
9203. (a) The department or a licensed adoption agency shall do the
following:
(1) Upon the request of a person who has been adopted pursuant to
this part and who has attained the age of 21 years, disclose the
identity of the person's birth parent or parents and their most
current address shown in the records of the department or licensed
adoption agency, if the birth parent or parents have indicated
consent to the disclosure in writing.
(2) Upon the request of the birth parent of a person who has been
adopted pursuant to this part and who has attained the age of 21
years, disclose the adopted name of the adoptee and the adoptee's
most current address shown in the records of the department or
licensed adoption agency, if the adult adoptee has indicated in
writing, pursuant to the registration program developed by the
department, that the adult adoptee wishes the adult adoptee's name
and address to be disclosed.
(3) Upon the request of the adoptive parent of a person under the
age of 21 years who has been adopted pursuant to this part, disclose
the identity of a birth parent and the birth parent's most current
address shown in the records of the department or licensed adoption
agency if the department or licensed adoption agency finds that a
medical necessity or other extraordinary circumstances justify the
disclosure.
(b) The department shall prescribe the form of the request
required by this section. The form shall provide for an affidavit to
be executed by the requester that to the best of the requester's
knowledge the requester is an adoptee, the adoptee's birth parent, or
the adoptee's adoptive parent. The department may adopt regulations
requiring any additional means of identification from a requester
that it deems necessary. The request shall advise an adoptee that if
the adoptee consents, the adoptee's adoptive parents will be notified
of the filing of the request before the release of the name and
address of the adoptee's birth parent.
(c) Subdivision (a) is not applicable if a birth parent or an
adoptee has indicated that he or she does not wish his or her name or
address to be disclosed.
(d) Within 20 working days of receipt of a request for information
pursuant to this section, the department shall either respond to the
request or forward the request to a licensed adoption agency that
was a party to the adoption.
(e) Notwithstanding any other law, the department shall announce
the availability of the present method of arranging contact among an
adult adoptee, the adult adoptee's birth parents, and adoptive
parents authorized by Section 9204 utilizing a means of communication
appropriate to inform the public effectively.
(f) The department or licensed adoption agency may charge a
reasonable fee in an amount the department establishes by regulation
to cover the costs of processing requests for information made
pursuant to subdivision (a). The department or licensed adoption
agency shall waive fees authorized by this section for any person who
is receiving public assistance pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
The revenue resulting from the fees so charged shall be utilized by
the department or licensed adoption agency to increase existing staff
as needed to process these requests. Fees received by the department
shall be deposited in the Adoption Information Fund. This revenue
shall be in addition to any other funds appropriated in support of
the state adoption program.
(g) This section applies only to adoptions in which the
relinquishment for or consent to adoption was signed or the birth
parent's rights were involuntarily terminated by court action on or
after January 1, 1984.
9204. (a) Notwithstanding any other law, if an adult adoptee and
the adult adoptee's birth parents have each filed a written consent
with the department or licensed adoption agency, the department or
licensed adoption agency may arrange for contact between those
persons. Neither the department nor a licensed adoption agency may
solicit, directly or indirectly, the execution of a written consent.
(b) The written consent authorized by this section shall be in a
form prescribed by the department.
9205. (a) Notwithstanding any other law, the department or adoption
agency that joined in the adoption petition shall release the names
and addresses of siblings to one another if both of the siblings have
attained 18 years of age and have filed the following with the
department or agency:
(1) A current address.
(2) A written request for contact with any sibling whose existence
is known to the person making the request.
(3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
(b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
(c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
(d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
(e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
(f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
(g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533. If the sibling being
sought was formerly under the jurisdiction of the juvenile court, but
is not an adoptee, the intermediary shall be the department, the
county child welfare agency that provided services to the dependent
child, or the licensed adoption agency that provided adoption
services to the sibling seeking contact, as appropriate. If the court
finds that the licensed adoption agency that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
(h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
(i) Implementation of the amendments made to this section by
Chapter 386 of the Statutes of 2006 shall be delayed until July 1,
2011. It is the intent of the Legislature that implementation of some
or all of the changes made to Section 9205 of the Family Code by
Chapter 386 of the Statutes of 2006 shall continue, to the extent
possible.
9206. (a) Notwithstanding any other law, the department or licensed
adoption agency shall release any letters, photographs, or other
items of personal property in its possession to an adoptee, birth
parent, or adoptive parent, upon written request. The material may be
requested by any of the following persons:
(1) The adoptee, if the adoptee has attained the age of 18 years.
(2) The adoptive parent or parents, on behalf of an adoptee under
the age of 18 years, as long as instructions to the contrary have not
been made by the depositor.
(3) The birth parent or parents.
(b) Notwithstanding any other law, all identifying names and
addresses shall be deleted from the letters, photographs, or items of
personal property before delivery to the requester.
(c) Letters, photographs, and other items of personal property
deposited on or after January 1, 1985, shall be accompanied by a
release form or similar document signed by the person depositing the
material, specifying to whom the material may be released. At its
discretion, the department or licensed adoption agency may refuse for
deposit items of personal property that, because of value or bulk,
would pose storage problems.
(d) Notwithstanding subdivisions (a) and (b), only the following
photographs deposited before January 1, 1985, shall be released:
(1) Photographs of the adoptee that have been requested by the
adoptee.
(2) Photographs that have been deposited by the adoptee, the
adoptive parent or parents, or the birth parent or parents, and for
which there is a letter or other document on file indicating that
person's consent to the release of the photographs.
(e) The department and licensed adoption agencies may charge a fee
to cover the actual costs of any services required by this section
in excess of normal postadoptive services provided by the department
or agency. The department shall develop a fee schedule that shall be
implemented by the department and licensed adoption agencies in
assessing charges to the person who deposits the material or the
person to whom the material is released. The fee may be waived by the
department or licensed adoption agencies in cases in which it is
established that a financial hardship exists.
(f) "Photograph" as used in this section means a photograph of the
person depositing the photograph or the person making the request
for the release.
9208. (a) The clerk of the superior court entering a final order of
adoption concerning an Indian child shall provide the Secretary of
the Interior or his or her designee with a copy of the order within
30 days of the date of the order, together with any information
necessary to show the following:
(1) The name and tribal affiliation of the child.
(2) The names and addresses of the biological parents.
(3) The names and addresses of the adoptive parents.
(4) The identity of any agency having files or information
relating to that adoptive placement.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall include that affidavit with the other information.
9209. (a) Upon application by an Indian individual who has reached
the age of 18 years and who was the subject of an adoptive placement,
the court which entered the final decree of adoption shall inform
that individual of the tribal affiliation, if any, of the individual'
s biological parents and provide any other information as may be
necessary to protect any rights flowing from the individual's tribal
relationship, including, but not limited to, tribal membership rights
or eligibility for federal or tribal programs or services available
to Indians.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall inform the individual that the Secretary of the Interior may,
upon request, certify to the individual's tribe that the individual's
parentage and other circumstances of birth entitle the individual to
membership under the criteria established by the tribe.
9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the clerk of
the court pursuant to this part is not open to inspection by any
person other than the parties to the proceeding and their attorneys
and the department, except upon the written authority of the judge of
the superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in this section for
inspection or copying to any other person, unless the name of the
child's birth parents or any information tending to identify the
child's birth parents is deleted from the documents or copies
thereof.
(c) Upon the request of the adoptive parents or the child, a clerk
of the court may issue a certificate of adoption that states the
date and place of adoption, the child's birth date, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent, the certificate shall not state the
name of the child's birth parents.
9201. (a) Except as otherwise permitted or required by statute,
neither the department nor a licensed adoption agency shall release
information that would identify persons who receive, or have
received, adoption services.
(b) Employees of the department and licensed adoption agencies
shall release to the department at Sacramento any requested
information, including identifying information, for the purposes of
recordkeeping and monitoring, evaluation, and regulation of the
provision of adoption services.
(c) Prior to the placement of a child for adoption, the department
or licensed adoption agency may, upon the written request of both a
birth and a prospective adoptive parent, arrange for contact between
these birth and prospective adoptive parents that may include the
sharing of identifying information regarding these parents.
(d) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective adoptive parent or birth parent with other social service
agencies, including the department and other licensed adoption
agencies, or providers of health care as defined in Section 56.05 of
the Civil Code.
(e) Notwithstanding any other law, the department and any licensed
adoption agency may furnish information relating to an adoption
petition or to a child in the custody of the department or any
licensed adoption agency to the juvenile court, county welfare
department, public welfare agency, private welfare agency licensed by
the department, provider of foster care services, potential adoptive
parent, or provider of health care as defined in Section 56.05 of
the Civil Code, if it is believed the child's welfare will be
promoted thereby.
(f) The department and any licensed adoption agency may make
adoption case records, including identifying information, available
for research purposes, provided that the research will not result in
the disclosure of the identity of the child or the parties to the
adoption to anyone other than the entity conducting the research.
9202. (a) Notwithstanding any other law, the department or licensed
adoption agency that made a medical report required by Section 8706,
8817, or 8909 shall provide a copy of the medical report, in the
manner the department prescribes by regulation, to any of the
following persons upon the person's request:
(1) A person who has been adopted pursuant to this part and who
has attained the age of 18 years or who presents a certified copy of
the person's marriage certificate.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part.
(b) A person who is denied access to a medical report pursuant to
regulations adopted pursuant to this section may petition the court
for review of the reasonableness of the department's or licensed
adoption agency's decision.
(c) The names and addresses of any persons contained in the report
shall be removed unless the person requesting the report has
previously received the information.
9202.5. (a) Notwithstanding any other law, the laboratory that is
storing a blood sample pursuant to Section 8706, 8817, or 8909 shall
provide access to the blood sample to only the following persons upon
the person's request:
(1) A person who has been adopted pursuant to this part.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part. The adoptive parent may
receive access to the blood sample only after entry of the order of
adoption.
(b) The birth parent or parents shall be given access to any DNA
test results related to the blood sample on request.
(c) Except as provided in subdivision (b), no person other than
the adoptive parent and the adopted child shall have access to the
blood sample or any DNA test results related to the blood sample,
unless the adoptive parent or the child authorizes another person or
entity to have that access.
9203. (a) The department or a licensed adoption agency shall do the
following:
(1) Upon the request of a person who has been adopted pursuant to
this part and who has attained the age of 21 years, disclose the
identity of the person's birth parent or parents and their most
current address shown in the records of the department or licensed
adoption agency, if the birth parent or parents have indicated
consent to the disclosure in writing.
(2) Upon the request of the birth parent of a person who has been
adopted pursuant to this part and who has attained the age of 21
years, disclose the adopted name of the adoptee and the adoptee's
most current address shown in the records of the department or
licensed adoption agency, if the adult adoptee has indicated in
writing, pursuant to the registration program developed by the
department, that the adult adoptee wishes the adult adoptee's name
and address to be disclosed.
(3) Upon the request of the adoptive parent of a person under the
age of 21 years who has been adopted pursuant to this part, disclose
the identity of a birth parent and the birth parent's most current
address shown in the records of the department or licensed adoption
agency if the department or licensed adoption agency finds that a
medical necessity or other extraordinary circumstances justify the
disclosure.
(b) The department shall prescribe the form of the request
required by this section. The form shall provide for an affidavit to
be executed by the requester that to the best of the requester's
knowledge the requester is an adoptee, the adoptee's birth parent, or
the adoptee's adoptive parent. The department may adopt regulations
requiring any additional means of identification from a requester
that it deems necessary. The request shall advise an adoptee that if
the adoptee consents, the adoptee's adoptive parents will be notified
of the filing of the request before the release of the name and
address of the adoptee's birth parent.
(c) Subdivision (a) is not applicable if a birth parent or an
adoptee has indicated that he or she does not wish his or her name or
address to be disclosed.
(d) Within 20 working days of receipt of a request for information
pursuant to this section, the department shall either respond to the
request or forward the request to a licensed adoption agency that
was a party to the adoption.
(e) Notwithstanding any other law, the department shall announce
the availability of the present method of arranging contact among an
adult adoptee, the adult adoptee's birth parents, and adoptive
parents authorized by Section 9204 utilizing a means of communication
appropriate to inform the public effectively.
(f) The department or licensed adoption agency may charge a
reasonable fee in an amount the department establishes by regulation
to cover the costs of processing requests for information made
pursuant to subdivision (a). The department or licensed adoption
agency shall waive fees authorized by this section for any person who
is receiving public assistance pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
The revenue resulting from the fees so charged shall be utilized by
the department or licensed adoption agency to increase existing staff
as needed to process these requests. Fees received by the department
shall be deposited in the Adoption Information Fund. This revenue
shall be in addition to any other funds appropriated in support of
the state adoption program.
(g) This section applies only to adoptions in which the
relinquishment for or consent to adoption was signed or the birth
parent's rights were involuntarily terminated by court action on or
after January 1, 1984.
9204. (a) Notwithstanding any other law, if an adult adoptee and
the adult adoptee's birth parents have each filed a written consent
with the department or licensed adoption agency, the department or
licensed adoption agency may arrange for contact between those
persons. Neither the department nor a licensed adoption agency may
solicit, directly or indirectly, the execution of a written consent.
(b) The written consent authorized by this section shall be in a
form prescribed by the department.
9205. (a) Notwithstanding any other law, the department or adoption
agency that joined in the adoption petition shall release the names
and addresses of siblings to one another if both of the siblings have
attained 18 years of age and have filed the following with the
department or agency:
(1) A current address.
(2) A written request for contact with any sibling whose existence
is known to the person making the request.
(3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
(b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
(c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
(d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
(e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
(f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
(g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533. If the sibling being
sought was formerly under the jurisdiction of the juvenile court, but
is not an adoptee, the intermediary shall be the department, the
county child welfare agency that provided services to the dependent
child, or the licensed adoption agency that provided adoption
services to the sibling seeking contact, as appropriate. If the court
finds that the licensed adoption agency that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
(h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
(i) Implementation of the amendments made to this section by
Chapter 386 of the Statutes of 2006 shall be delayed until July 1,
2011. It is the intent of the Legislature that implementation of some
or all of the changes made to Section 9205 of the Family Code by
Chapter 386 of the Statutes of 2006 shall continue, to the extent
possible.
9206. (a) Notwithstanding any other law, the department or licensed
adoption agency shall release any letters, photographs, or other
items of personal property in its possession to an adoptee, birth
parent, or adoptive parent, upon written request. The material may be
requested by any of the following persons:
(1) The adoptee, if the adoptee has attained the age of 18 years.
(2) The adoptive parent or parents, on behalf of an adoptee under
the age of 18 years, as long as instructions to the contrary have not
been made by the depositor.
(3) The birth parent or parents.
(b) Notwithstanding any other law, all identifying names and
addresses shall be deleted from the letters, photographs, or items of
personal property before delivery to the requester.
(c) Letters, photographs, and other items of personal property
deposited on or after January 1, 1985, shall be accompanied by a
release form or similar document signed by the person depositing the
material, specifying to whom the material may be released. At its
discretion, the department or licensed adoption agency may refuse for
deposit items of personal property that, because of value or bulk,
would pose storage problems.
(d) Notwithstanding subdivisions (a) and (b), only the following
photographs deposited before January 1, 1985, shall be released:
(1) Photographs of the adoptee that have been requested by the
adoptee.
(2) Photographs that have been deposited by the adoptee, the
adoptive parent or parents, or the birth parent or parents, and for
which there is a letter or other document on file indicating that
person's consent to the release of the photographs.
(e) The department and licensed adoption agencies may charge a fee
to cover the actual costs of any services required by this section
in excess of normal postadoptive services provided by the department
or agency. The department shall develop a fee schedule that shall be
implemented by the department and licensed adoption agencies in
assessing charges to the person who deposits the material or the
person to whom the material is released. The fee may be waived by the
department or licensed adoption agencies in cases in which it is
established that a financial hardship exists.
(f) "Photograph" as used in this section means a photograph of the
person depositing the photograph or the person making the request
for the release.
9208. (a) The clerk of the superior court entering a final order of
adoption concerning an Indian child shall provide the Secretary of
the Interior or his or her designee with a copy of the order within
30 days of the date of the order, together with any information
necessary to show the following:
(1) The name and tribal affiliation of the child.
(2) The names and addresses of the biological parents.
(3) The names and addresses of the adoptive parents.
(4) The identity of any agency having files or information
relating to that adoptive placement.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall include that affidavit with the other information.
9209. (a) Upon application by an Indian individual who has reached
the age of 18 years and who was the subject of an adoptive placement,
the court which entered the final decree of adoption shall inform
that individual of the tribal affiliation, if any, of the individual'
s biological parents and provide any other information as may be
necessary to protect any rights flowing from the individual's tribal
relationship, including, but not limited to, tribal membership rights
or eligibility for federal or tribal programs or services available
to Indians.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall inform the individual that the Secretary of the Interior may,
upon request, certify to the individual's tribe that the individual's
parentage and other circumstances of birth entitle the individual to
membership under the criteria established by the tribe.
9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the clerk of
the court pursuant to this part is not open to inspection by any
person other than the parties to the proceeding and their attorneys
and the department, except upon the written authority of the judge of
the superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in this section for
inspection or copying to any other person, unless the name of the
child's birth parents or any information tending to identify the
child's birth parents is deleted from the documents or copies
thereof.
(c) Upon the request of the adoptive parents or the child, a clerk
of the court may issue a certificate of adoption that states the
date and place of adoption, the child's birth date, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent, the certificate shall not state the
name of the child's birth parents.
9201. (a) Except as otherwise permitted or required by statute,
neither the department nor a licensed adoption agency shall release
information that would identify persons who receive, or have
received, adoption services.
(b) Employees of the department and licensed adoption agencies
shall release to the department at Sacramento any requested
information, including identifying information, for the purposes of
recordkeeping and monitoring, evaluation, and regulation of the
provision of adoption services.
(c) Prior to the placement of a child for adoption, the department
or licensed adoption agency may, upon the written request of both a
birth and a prospective adoptive parent, arrange for contact between
these birth and prospective adoptive parents that may include the
sharing of identifying information regarding these parents.
(d) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective adoptive parent or birth parent with other social service
agencies, including the department and other licensed adoption
agencies, or providers of health care as defined in Section 56.05 of
the Civil Code.
(e) Notwithstanding any other law, the department and any licensed
adoption agency may furnish information relating to an adoption
petition or to a child in the custody of the department or any
licensed adoption agency to the juvenile court, county welfare
department, public welfare agency, private welfare agency licensed by
the department, provider of foster care services, potential adoptive
parent, or provider of health care as defined in Section 56.05 of
the Civil Code, if it is believed the child's welfare will be
promoted thereby.
(f) The department and any licensed adoption agency may make
adoption case records, including identifying information, available
for research purposes, provided that the research will not result in
the disclosure of the identity of the child or the parties to the
adoption to anyone other than the entity conducting the research.
9202. (a) Notwithstanding any other law, the department or licensed
adoption agency that made a medical report required by Section 8706,
8817, or 8909 shall provide a copy of the medical report, in the
manner the department prescribes by regulation, to any of the
following persons upon the person's request:
(1) A person who has been adopted pursuant to this part and who
has attained the age of 18 years or who presents a certified copy of
the person's marriage certificate.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part.
(b) A person who is denied access to a medical report pursuant to
regulations adopted pursuant to this section may petition the court
for review of the reasonableness of the department's or licensed
adoption agency's decision.
(c) The names and addresses of any persons contained in the report
shall be removed unless the person requesting the report has
previously received the information.
9202.5. (a) Notwithstanding any other law, the laboratory that is
storing a blood sample pursuant to Section 8706, 8817, or 8909 shall
provide access to the blood sample to only the following persons upon
the person's request:
(1) A person who has been adopted pursuant to this part.
(2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part. The adoptive parent may
receive access to the blood sample only after entry of the order of
adoption.
(b) The birth parent or parents shall be given access to any DNA
test results related to the blood sample on request.
(c) Except as provided in subdivision (b), no person other than
the adoptive parent and the adopted child shall have access to the
blood sample or any DNA test results related to the blood sample,
unless the adoptive parent or the child authorizes another person or
entity to have that access.
9203. (a) The department or a licensed adoption agency shall do the
following:
(1) Upon the request of a person who has been adopted pursuant to
this part and who has attained the age of 21 years, disclose the
identity of the person's birth parent or parents and their most
current address shown in the records of the department or licensed
adoption agency, if the birth parent or parents have indicated
consent to the disclosure in writing.
(2) Upon the request of the birth parent of a person who has been
adopted pursuant to this part and who has attained the age of 21
years, disclose the adopted name of the adoptee and the adoptee's
most current address shown in the records of the department or
licensed adoption agency, if the adult adoptee has indicated in
writing, pursuant to the registration program developed by the
department, that the adult adoptee wishes the adult adoptee's name
and address to be disclosed.
(3) Upon the request of the adoptive parent of a person under the
age of 21 years who has been adopted pursuant to this part, disclose
the identity of a birth parent and the birth parent's most current
address shown in the records of the department or licensed adoption
agency if the department or licensed adoption agency finds that a
medical necessity or other extraordinary circumstances justify the
disclosure.
(b) The department shall prescribe the form of the request
required by this section. The form shall provide for an affidavit to
be executed by the requester that to the best of the requester's
knowledge the requester is an adoptee, the adoptee's birth parent, or
the adoptee's adoptive parent. The department may adopt regulations
requiring any additional means of identification from a requester
that it deems necessary. The request shall advise an adoptee that if
the adoptee consents, the adoptee's adoptive parents will be notified
of the filing of the request before the release of the name and
address of the adoptee's birth parent.
(c) Subdivision (a) is not applicable if a birth parent or an
adoptee has indicated that he or she does not wish his or her name or
address to be disclosed.
(d) Within 20 working days of receipt of a request for information
pursuant to this section, the department shall either respond to the
request or forward the request to a licensed adoption agency that
was a party to the adoption.
(e) Notwithstanding any other law, the department shall announce
the availability of the present method of arranging contact among an
adult adoptee, the adult adoptee's birth parents, and adoptive
parents authorized by Section 9204 utilizing a means of communication
appropriate to inform the public effectively.
(f) The department or licensed adoption agency may charge a
reasonable fee in an amount the department establishes by regulation
to cover the costs of processing requests for information made
pursuant to subdivision (a). The department or licensed adoption
agency shall waive fees authorized by this section for any person who
is receiving public assistance pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
The revenue resulting from the fees so charged shall be utilized by
the department or licensed adoption agency to increase existing staff
as needed to process these requests. Fees received by the department
shall be deposited in the Adoption Information Fund. This revenue
shall be in addition to any other funds appropriated in support of
the state adoption program.
(g) This section applies only to adoptions in which the
relinquishment for or consent to adoption was signed or the birth
parent's rights were involuntarily terminated by court action on or
after January 1, 1984.
9204. (a) Notwithstanding any other law, if an adult adoptee and
the adult adoptee's birth parents have each filed a written consent
with the department or licensed adoption agency, the department or
licensed adoption agency may arrange for contact between those
persons. Neither the department nor a licensed adoption agency may
solicit, directly or indirectly, the execution of a written consent.
(b) The written consent authorized by this section shall be in a
form prescribed by the department.
9205. (a) Notwithstanding any other law, the department or adoption
agency that joined in the adoption petition shall release the names
and addresses of siblings to one another if both of the siblings have
attained 18 years of age and have filed the following with the
department or agency:
(1) A current address.
(2) A written request for contact with any sibling whose existence
is known to the person making the request.
(3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
(b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
(c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
(d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
(e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
(f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
(g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533. If the sibling being
sought was formerly under the jurisdiction of the juvenile court, but
is not an adoptee, the intermediary shall be the department, the
county child welfare agency that provided services to the dependent
child, or the licensed adoption agency that provided adoption
services to the sibling seeking contact, as appropriate. If the court
finds that the licensed adoption agency that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
(h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
(i) Implementation of the amendments made to this section by
Chapter 386 of the Statutes of 2006 shall be delayed until July 1,
2011. It is the intent of the Legislature that implementation of some
or all of the changes made to Section 9205 of the Family Code by
Chapter 386 of the Statutes of 2006 shall continue, to the extent
possible.
9206. (a) Notwithstanding any other law, the department or licensed
adoption agency shall release any letters, photographs, or other
items of personal property in its possession to an adoptee, birth
parent, or adoptive parent, upon written request. The material may be
requested by any of the following persons:
(1) The adoptee, if the adoptee has attained the age of 18 years.
(2) The adoptive parent or parents, on behalf of an adoptee under
the age of 18 years, as long as instructions to the contrary have not
been made by the depositor.
(3) The birth parent or parents.
(b) Notwithstanding any other law, all identifying names and
addresses shall be deleted from the letters, photographs, or items of
personal property before delivery to the requester.
(c) Letters, photographs, and other items of personal property
deposited on or after January 1, 1985, shall be accompanied by a
release form or similar document signed by the person depositing the
material, specifying to whom the material may be released. At its
discretion, the department or licensed adoption agency may refuse for
deposit items of personal property that, because of value or bulk,
would pose storage problems.
(d) Notwithstanding subdivisions (a) and (b), only the following
photographs deposited before January 1, 1985, shall be released:
(1) Photographs of the adoptee that have been requested by the
adoptee.
(2) Photographs that have been deposited by the adoptee, the
adoptive parent or parents, or the birth parent or parents, and for
which there is a letter or other document on file indicating that
person's consent to the release of the photographs.
(e) The department and licensed adoption agencies may charge a fee
to cover the actual costs of any services required by this section
in excess of normal postadoptive services provided by the department
or agency. The department shall develop a fee schedule that shall be
implemented by the department and licensed adoption agencies in
assessing charges to the person who deposits the material or the
person to whom the material is released. The fee may be waived by the
department or licensed adoption agencies in cases in which it is
established that a financial hardship exists.
(f) "Photograph" as used in this section means a photograph of the
person depositing the photograph or the person making the request
for the release.
9208. (a) The clerk of the superior court entering a final order of
adoption concerning an Indian child shall provide the Secretary of
the Interior or his or her designee with a copy of the order within
30 days of the date of the order, together with any information
necessary to show the following:
(1) The name and tribal affiliation of the child.
(2) The names and addresses of the biological parents.
(3) The names and addresses of the adoptive parents.
(4) The identity of any agency having files or information
relating to that adoptive placement.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall include that affidavit with the other information.
9209. (a) Upon application by an Indian individual who has reached
the age of 18 years and who was the subject of an adoptive placement,
the court which entered the final decree of adoption shall inform
that individual of the tribal affiliation, if any, of the individual'
s biological parents and provide any other information as may be
necessary to protect any rights flowing from the individual's tribal
relationship, including, but not limited to, tribal membership rights
or eligibility for federal or tribal programs or services available
to Indians.
(b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall inform the individual that the Secretary of the Interior may,
upon request, certify to the individual's tribe that the individual's
parentage and other circumstances of birth entitle the individual to
membership under the criteria established by the tribe.
