§578-15  Secrecy of proceedings and
records.  (a)  The records in adoption proceedings, after the petition is
filed and prior to the entry of the decree, shall be open to inspection only by
the parties or their attorneys, the director of human services or the
director's agent, or by any proper person on a showing of good cause therefor,
upon order of the court.  Except in the case of an individual being adopted by
a person married to the legal father or mother of the individual or unless
authorized by the court, no petition for adoption shall set forth the name of
the individual sought to be adopted or the name of either of the parents of the
individual; provided that the legal name of the individual and the name of each
of the individual's legal parents may be added to the petition by amendment
during the course of the hearing thereof and shall be included in the decree. 
The hearing of the petition shall be in chambers and shall not be open to the
public.



(b)  Upon the entry of the decree, or upon the
later effective date of the decree, or upon the dismissal or discontinuance or
other final disposition of the petition, the clerk of the court shall seal all
records in the proceedings; provided that upon the written request of the
petitioner or petitioners, the court may waive the requirement that the records
be sealed.  The seal shall not be broken and the records shall not be inspected
by any person, including the parties to the proceedings, except:



(1)  Upon order of the family court upon a showing of
good cause;



(2)  For adoptions which occurred prior to January 1,
1991, after the adopted individual attains the age of eighteen and upon
submission to the family court of a written request for inspection by the
adopted individual or the adoptive parents in accordance with the following:



(A)  Within sixty calendar days after receipt
of a request for inspection, the family court, by certified mail with return
receipt requested, shall mail to the last known address of each natural parent
a notice of the request for inspection of adoption records, a copy of the
request for inspection and copies of any accompanying letters, photographs, or
other documents submitted in support of the request.  The notice shall inform
the natural parent that unless an affidavit signed by the natural parent
requesting confidentiality is received by the family court within sixty
calendar days of the date of receipt of the notice, the natural parent will be
deemed to have waived any rights of confidentiality and the records shall be subject
to inspection by the adopted individual or the adoptive parent who submitted
the request.  The notice shall also inform the natural parent that an affidavit
requesting confidentiality for a period of ten years may be filed.  A blank
affidavit to be completed and signed by the natural parent shall be mailed with
the notice;



(B)  If the family court has received a return
receipt for the notice but an affidavit requesting confidentiality is not
received by the family court within sixty calendar days of the date of receipt
of the notice, the family court shall allow inspection under this section;



(C)  If the notice is returned as undeliverable
to a natural parent, the family court shall designate an agent or agency to
conduct a good faith and diligent search to locate the natural parent and to
provide the notice and all other documents required under subparagraph (A). 
The search shall extend over a period not to exceed one hundred eighty calendar
days.  Contacts with natural parents by a designated agent or agency under this
section shall be personal, whenever possible, and confidential.  The family
court shall provide the designated agent or agency with a copy of the request
for inspection and copies of any accompanying letters, photographs, or other
documents submitted in support of the request, and the designated agent or
agency shall present the copies to the natural parent when contacted.  The
family court and the designated agent or agency shall ensure that no person
other than a natural parent or the agent or agency through which a natural
parent obtained assistance for the adoption is informed of the adoptive
individual's existence and the relationship to the natural parent;



(D)  If a natural parent cannot be located
after the search conducted under subparagraph (C), the family court shall allow
inspection under this section;



(E)  If an affidavit requesting confidentiality
is received by the family court within sixty calendar days of the date of
receipt of the notice provided under subparagraph (A) or (C), the family court
shall not allow inspection during the effective period of the affidavit;



(F)  If a ten-year affidavit is filed under
subparagraph (E), the natural parent may refile affidavits every ten years
thereafter to maintain confidentiality, or the natural parent may file an
affidavit effective for the remainder of the natural parent's lifetime.  All
affidavits subsequent to the initial affidavit may be filed within ninety
calendar days before the last effective day of the initial affidavit.  If there
is no effective affidavit on file with the family court at the time a request
for inspection is received by the court, the court shall allow inspection under
this paragraph;



(G)  An affidavit requesting confidentiality
shall be effective until the last day of the period for which the affidavit was
filed, until the natural parent revokes the affidavit, or until the natural
parent is deceased, whichever occurs sooner; and



(H)  Where two natural parents are involved and
confidentiality is waived under this paragraph by only one natural parent, the
inspection of the records shall not include any identifying information
concerning the other natural parent;



(3)  For adoptions occurring after December 31, 1990,
in accordance with the following:



(A)  Each natural parent shall be informed of
the procedures required under this paragraph if the natural parent desires to
maintain confidentiality after the adopted individual attains the age of
eighteen;



(B)  Within ninety calendar days before the
adopted individual attains the age of eighteen a natural parent may file an
affidavit with the family court to request confidentiality and the natural
parent may refile affidavits every ten years thereafter to maintain
confidentiality or the natural parent may file an affidavit effective for the
remainder of the natural parent's lifetime.  All affidavits after the initial
affidavit may be filed within ninety calendar days before the last effective
day of the initial affidavit;



(C)  If a natural parent declines or fails to
file an affidavit under subparagraph (B), the family court shall allow
inspection of the record by the adopted individual or the adoptive parents at
any time after the adopted individual has attained the age of eighteen; and



(D)  Where two natural parents are involved and
confidentiality is waived under this paragraph by only one natural parent, the
inspection of the records shall not include any identifying information
concerning the other natural parent;



(4)  For all adoptions, regardless of date of
occurrence, after the adopted individual attains the age of eighteen and upon
submission to the family court of a written request for inspection by a natural
parent; provided that the adopted individual shall have the same rights and
obligations applicable to natural parents under paragraphs (2) and (3),
including rights of notice and opportunity to file affidavits requesting
confidentiality.



(5)  For all adoptions, regardless of date of
occurrence, after the adopted individual attains the age of eighteen and upon
submission of an affidavit by a natural parent consenting to the inspection of
records by the adoptee or an affidavit submitted by an adoptee consenting to
the inspection of records by the natural parents; provided that where only one
natural parent files an affidavit for consent, the inspection of records shall
not include any identifying information concerning the other natural parent;



(6)  Upon request by the adopted individual or the
adoptive parents for information contained in the records concerning ethnic
background and necessary medical information, notwithstanding any affidavit
requesting confidentiality; or



(7)  Upon request by a natural parent for a copy of
the original birth certificate.



As used in this subsection, "natural
parent" means a biological mother or father, or a legal parent who is not
also the biological parent.



(c)  The clerk of the court shall keep a docket
of all adoption proceedings, which may be inspected only by order of the family
court. [L 1945, c 40, pt of §2; am L 1953, c 115, pt of §1; RL 1955, §331-15;
am L Sp 1959 2d, c 1, §20; HRS §578-15; am L 1973, c 211, §3(m); am L 1976, c
194, §1(9); gen ch 1985; am L 1987, c 339, §4; am L 1990, c 338, §5; am L 1991,
c 45, §1]



 



Rules of Court



 



  Confidentiality, see HFCR rule 79.



 



Law Journals and Reviews



 



  Privacy v. Secrecy:  The Open Adoption Records Movement and
Its Impact on Hawai‘i.  15 UH L. Rev. 483.



 



Case Notes



 



  Cited:  45 H. 69, 79, 361 P.2d 1054.