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 identifying
information. However, this chapter does not apply to the release of
identifying information to an adult adoptee whose adoption is
finalized 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 of
family and children, a licensed child placing agency, a professional
health care provider (as defined in IC 34-6-2-117), and a court shall
release identifying information in the entity's possession only if:
(1) the information is requested by a person described in
IC 31-19-18-2(a); and
(2) the following persons have submitted a written consent
under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to the
state registrar that allows the release of identifying information
to 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 of
information under this chapter if an affidavit is submitted to the
releasing agency that avers that each birth parent who is named on
the 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 written
consent for release of identifying information under IC 31-19-21 (or
IC 31-3-4-27 before its repeal), the state registrar may 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 adoptee or birth parent who has
submitted 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 request
for the release of identifying information under IC 31-19-21 may
request that the state registrar search the death certificates in the state
registrar's possession dating back to any period specified by the
adoptee or birth parent.
As added by P.L.1-1997, SEC.11.
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 related adoptee or birth parent who
submitted the written consent under IC 31-19-21 (or IC 31-3-4-27
before its repeal), 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.
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 consent
for the release of identifying information under IC 31-19-21 (or
IC 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, or
county office of family and children contact the adoptee or birth
parent whose consent is necessary before identifying information
may 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 identifying
information by attorney, licensed child placing agency, or county
office of family and children; written consent
Sec. 8. An attorney, a licensed child placing agency, or a county
office of family and children who contacts an adoptee or a birth
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. If both
the adoptee who is at least twenty-one (21) years of age and the birth
parent consent to the release of identifying information but do not
provide the consent in writing, the attorney, agency, or county office
of family and children may inform the adoptee or the birth parent
regarding the fact that an adoptee or a birth parent has consented to
the release of identifying information under IC 31-19-21 (or
IC 31-3-4-27 before its repeal). The attorney, licensed child placing
agency, or county office of family and children may inquire as to
whether the adoptee or birth 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, 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 county
office of family and children may charge a reasonable fee for
services performed or actual expenses incurred under section 8 of
this 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 least
twenty-one (21) years of age from having access to identifying
information 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 health
care providers may charge a reasonable fee for actual expenses
incurred to comply with this chapter and IC 31-19-23.
As added by P.L.1-1997, SEC.11.