CHAPTER 22. RELEASE OF IDENTIFYING INFORMATION

IC 31-19-22
    Chapter 22. Release of Identifying Information

IC 31-19-22-1
Application of chapter; exception
    Sec. 1. This chapter applies to the release of identifyinginformation. However, this chapter does not apply to the release ofidentifying information to an adult adoptee whose adoption isfinalized after December 31, 1993.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-2
Requirements for release of identifying information
    Sec. 2. The state registrar, the department, a county office offamily and children, a licensed child placing agency, a professionalhealth care provider (as defined in IC 34-6-2-117), and a court shallrelease identifying information in the entity's possession only if:
        (1) the information is requested by a person described inIC 31-19-18-2(a); and
        (2) the following persons have submitted a written consentunder IC 31-19-21 (or IC 31-3-4-27 before its repeal) to thestate registrar that allows the release of identifying informationto the person requesting the information:
            (A) The adult adoptee.
            (B) A birth parent.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.161;P.L.145-2006, SEC.257.

IC 31-19-22-3
Consent of birth parent; affidavit
    Sec. 3. The consent of a birth parent is not required for release ofinformation under this chapter if an affidavit is submitted to thereleasing agency that avers that each birth parent who is named onthe adoptee's original birth certificate is deceased.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-4
Search of death certificates
    Sec. 4. Whenever an adoptee or a birth parent submits a writtenconsent for release of identifying information under IC 31-19-21 (orIC 31-3-4-27 before its repeal), the state registrar may search thedeath certificates in the state registrar's possession regarding therelated adoptee or a birth parent:
        (1) who has not submitted a consent for the release ofinformation under IC 31-19-21; and
        (2) whose consent is necessary before identifying informationmay be released to the adoptee or birth parent who hassubmitted the written consent.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-5
Request by adoptee or birth parent for search of death records
    Sec. 5. An adoptee or a birth parent who submits a written requestfor the release of identifying information under IC 31-19-21 mayrequest that the state registrar search the death certificates in the stateregistrar's possession dating back to any period specified by theadoptee or birth parent.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-6
Deceased nonconsenting adoptee or birth parent; release ofidentifying information
    Sec. 6. If, upon searching the death certificates under section 4 ofthis chapter, the state registrar finds that the adoptee or birth parentwho has not yet submitted a written consent is deceased, the stateregistrar shall inform the related adoptee or birth parent whosubmitted the written consent under IC 31-19-21 (or IC 31-3-4-27before its repeal), of the death and:
        (1) may not release identifying information if additional consentis required by this chapter; and
        (2) may release identifying information if additional consent isnot required by this chapter.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-7
Request for contact of adoptee or birth parent
    Sec. 7. An adoptee or a birth parent who submits a written consentfor the release of identifying information under IC 31-19-21 (orIC 31-3-4-27 before its repeal), 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, orcounty office of family and children contact the adoptee or birthparent whose consent is necessary before identifying informationmay be released under this chapter.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-8
Contact of adoptee or birth parent; disclosure of identifyinginformation by attorney, licensed child placing agency, or countyoffice of family and children; written consent
    Sec. 8. An attorney, a licensed child placing agency, or a countyoffice of family and children who contacts an adoptee or a birthparent upon a request under section 7 of this chapter may notdisclose identifying information unless the:
        (1) adoptee who:
            (A) is at least twenty-one (21) years of age gives writtenconsent; 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, licensedchild placing agency, or county office of family and children. If boththe adoptee who is at least twenty-one (21) years of age and the birthparent consent to the release of identifying information but do notprovide the consent in writing, the attorney, agency, or county officeof family and children may inform the adoptee or the birth parentregarding the fact that an adoptee or a birth parent has consented tothe release of identifying information under IC 31-19-21 (orIC 31-3-4-27 before its repeal). The attorney, licensed child placingagency, or county office of family and children may inquire as towhether the adoptee or birth parent, whose consent is still neededbefore identifying information may be released, is interested inparticipating in the adoption registry under IC 31-19-18 throughIC 31-19-21, this chapter, and IC 31-19-23 through IC 31-19-24.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.29.

IC 31-19-22-9
Fees and expenses for contacting adoptee or birth parent
    Sec. 9. An attorney, a licensed child placing agency, or a countyoffice of family and children may charge a reasonable fee forservices performed or actual expenses incurred under section 8 ofthis chapter.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-10
Access to information by adoptee
    Sec. 10. This chapter does not prohibit an adoptee who is at leasttwenty-one (21) years of age from having access to identifyinginformation as provided by IC 31-19-25.
As added by P.L.1-1997, SEC.11.

IC 31-19-22-11
Fee for expenses of compliance with chapter
    Sec. 11. Licensed child placing agencies and professional healthcare providers may charge a reasonable fee for actual expensesincurred to comply with this chapter and IC 31-19-23.
As added by P.L.1-1997, SEC.11.