CHAPTER 24. COURT PROCEEDING TO REQUEST RELEASE OF ADOPTION HISTORY INFORMATION NOT AVAILABLE FROM STATE REGISTRAR
IC 31-19-24
Chapter 24. Court Proceeding to Request Release of AdoptionHistory Information Not Available From State Registrar
IC 31-19-24-1
Petitions; contents
Sec. 1. (a) Any interested person may file a petition with any courtwith probate jurisdiction in Indiana requesting the release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar.
(b) The contents of a petition must include to the best knowledgeof 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 adoptedperson, if known.
(5) The full name and current address of the petitioners foradoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, ifknown.
(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 issought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary orcongenital; or
(iii) why the information to be sought or shared isnecessary for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, ornonidentifying information is sought, that sets forth thereasons why the release of the information may be beneficialto the welfare of the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifyinginformation sought is not available through the stateregistrar.
(10) A statement by the petitioner that the petitioner agrees to
the payment of:
(A) a reasonable fee for the services of a confidentialintermediary if a confidential intermediary is appointedunder 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 itsrecords and release information under sections 2 through 11of this chapter.
(11) A description of the medical, identifying, or nonidentifyinginformation being sought.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.12; P.L.1-1998, SEC.163.
IC 31-19-24-2
Notice to registrar and opportunity to respond; appointment ofguardian ad litem or court appointed special advocate
Sec. 2. Upon the filing of a petition under section 1 of thischapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request fordisclosure of information; and
(B) has been afforded the opportunity to respond to thepetitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation withthe 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; or
(ii) good cause relating to the welfare of the adoptee or thebirth parent.
A confidential intermediary appointed under subdivision (2) may beany person who the court reasonably believes is competent to carryout the responsibilities described in section 3 of this chapter andmeets the qualifications under section 14 of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.13.
IC 31-19-24-3
Order to guardian or court appointed special advocate to searchrecords
Sec. 3. Whenever the court appoints a confidential intermediaryunder section 2(2) of this chapter, the court shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating toadoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifyinginformation is being sought under section 1 of this chapter;and (D) any irreparable harm to a birth parent, an adoptee, orboth, that may arise if appropriate consideration is not givento the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an orderauthorizing the confidential intermediary to search certainrecords 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 inIC 34-6-2-117).
An order under this subdivision must specify the information tobe sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidentialintermediary may have with any person from whom themedical, identifying, or nonidentifying information is beingsought, such as providing that the confidential intermediary mayonly inform the person of the existence of the adoption historyprogram administered by the state registrar under this chapterand IC 31-19-25.
(4) Specify the limitations, if any, that the court considersnecessary to prevent the confidential intermediary's searchunder this chapter from resulting in harm to a birth parent or anadoptee.
(5) Require the confidential intermediary to affirm under oaththat the confidential intermediary agrees to act in good faith andperform its responsibilities in accordance with sections 2through 11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly aspossible.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.14; P.L.1-1998, SEC.164; P.L.145-2006, SEC.259.
IC 31-19-24-4
Search for information and persons
Sec. 4. The confidential intermediary shall:
(1) make complete and reasonable efforts to locate the medical,identifying, or nonidentifying information;
(2) attempt to locate any person necessary to obtain the medical,identifying, or nonidentifying information;
(3) inform the person contacted of the medical or other need setforth by the petitioner; and
(4) obtain the needed medical, identifying, or nonidentifyinginformation.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.15.
IC 31-19-24-5
Fee for cost of search
Sec. 5. The confidential intermediary may charge a reasonable fee
for the cost of making a search under section 4 of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.16.
IC 31-19-24-6
Confidentiality of communications; manner of communicating
Sec. 6. All communications under this chapter are confidential,and any communication shall be made by a personal contact by theconfidential intermediary.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.17.
IC 31-19-24-7
Confidentiality of information filed with court
Sec. 7. Information released to the confidential intermediary underthis chapter shall be filed with the court in a manner designed to:
(1) protect the identity and current location of the personreleasing the information; and
(2) preserve the confidentiality of the medical, identifying, ornonidentifying information that the confidential intermediaryobtains.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.18.
IC 31-19-24-8
Court ordered release of information
Sec. 8. (a) If a person does not agree to release medical,identifying, or nonidentifying information through the confidentialintermediary, the court may order the release of the requestedmedical, identifying, or nonidentifying information after consideringany information regarding the person's refusal to release therequested information to the confidential intermediary.
(b) If the court orders the release of the information under thissection, the court, upon receipt of the court ordered information,shall follow the procedures described under section 10 of thischapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.19.
IC 31-19-24-9
Reports and supporting documents of guardian or court appointedspecial advocate; confidentiality; release of information
Sec. 9. (a) Whenever a confidential intermediary obtainsinformation under this chapter, the confidential intermediary shallsubmit to the court:
(1) a written report; and
(2) any supporting documents;
describing the information obtained by the confidential intermediary.
(b) The information that the confidential intermediary submits tothe court under this section: (1) is confidential; and
(2) may be released to the petitioner only upon a court orderunder section 10 of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.20.
IC 31-19-24-10
Review and release of court ordered information
Sec. 10. The court shall review the medical, identifying, ornonidentifying information submitted under section 9 of this chapter.The court may order the release of the information to the petitionerunder this section to the extent that the court determines is just basedupon the emergency medical need or good cause shown undersection 2(2)(B) of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-11
Imminent threat of death or serious bodily injury; proceedingswithout written pleadings
Sec. 11. If an imminent threat of death or serious bodily injuryexists, the court may conduct the proceedings authorized by thischapter without written pleadings.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-12
Immunity of confidential intermediary
Sec. 12. (a) A confidential intermediary discharging in good faiththe confidential intermediary's responsibilities under this chapter isimmune from all civil and criminal liability that otherwise mightresult.
(b) The provisions regarding the representations, duties, andappointment of a guardian ad litem or court appointed specialadvocate described under IC 31-32-3 apply to a confidentialintermediary appointed under this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,SEC.21.
IC 31-19-24-13
Closed proceedings
Sec. 13. All hearings held in proceedings under this chapter shallbe held in closed court without admittance of any person other than:
(1) essential officers of the court;
(2) the parties;
(3) witnesses;
(4) counsel;
(5) persons who have not previously consented to the adoptionbut are required to consent to the adoption; and
(6) representatives of the agencies present to perform theirofficial duties.
As added by P.L.1-1997, SEC.11.
IC 31-19-24-14
Appointment of confidential intermediary; requirements
Sec. 14. A court may only appoint a person to serve as aconfidential intermediary under this chapter if the person:
(1) agrees to abide by the order of the court under section 3 ofthis chapter without advocating either the opening ormaintaining the confidentiality of adoption records;
(2) does not have a personal relationship with either thepetitioner or the person from whom the medical, identifying, ornonidentifying information is being sought; and
(3) agrees to comply with the limitations set by the court insearching for the information specified by the court undersection 3(4) of this chapter.
As added by P.L.196-1997, SEC.22.
IC 31-19-24-15
Breach of confidentiality
Sec. 15. A person who knowingly or intentionally releasesinformation in violation of sections 2 through 11 of this chaptercommits a Class A misdemeanor.
As added by P.L.196-1997, SEC.23.
IC 31-19-24-16
Penalty
Sec. 16. Failure of the confidential intermediary appointed underthis chapter to comply with a court order under sections 2 through 11of this chapter is punishable as contempt of court.
As added by P.L.196-1997, SEC.24. Amended by P.L.2-1998,SEC.77.