CHAPTER 25. RELEASE OF IDENTIFYING INFORMATION FOR ADOPTIONS FILED AFTER DECEMBER 31, 1993; REQUESTS FOR INFORMATION CONCERNING PRE-ADOPTIVE SIBLINGS
IC 31-19-25
Chapter 25. Release of Identifying Information for Adoptions
Filed After December 31, 1993; Requests for Information
Concerning Pre-Adoptive Siblings
IC 31-19-25-1
Application of chapter
Sec. 1. This chapter applies to adoptions that are filed after
December 31, 1993.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-2
Access to information by adoptee
Sec. 2. (a) An adoptee who is at least twenty-one (21) years of age
may request identifying information by submitting a written request
to the state registrar.
(b) Except as provided in sections 3 through 10 of this chapter,
upon a request for the release of identifying information under
subsection (a):
(1) the state registrar;
(2) the department;
(3) a county office of family and children;
(4) a licensed child placing agency;
(5) a professional health care provider (as defined in
IC 34-6-2-117);
(6) the attorney who arranged the adoption; and
(7) a court;
shall release identifying information in the possession of the
registrar, agency, professional health care provider, or court to an
adoptee.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.165;
P.L.145-2006, SEC.260.
IC 31-19-25-3
Nonrelease form; filing; duration; withdrawal; effect of consent
Sec. 3. (a) An adoptee's birth parent may restrict access to
identifying information concerning the birth parent by filing a written
nonrelease form with the state registrar that evidences the birth
parent's lack of consent to the release of identifying information
under this section.
(b) The following persons may not release any identifying
information concerning the birth parent to the adoptee if a nonrelease
form is in effect at the time of the request for identifying
information:
(1) The state registrar.
(2) The department.
(3) A county office of family and children.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) A court.
(c) The nonrelease form filed under this section:
(1) remains in effect during the period indicated by the person
submitting the form;
(2) is renewable; and
(3) may be withdrawn at any time by the person who submitted
the form.
(d) The nonrelease form is no longer in effect if the birth parent
consents in writing to the release of identifying information and has
not withdrawn that consent.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.261; P.L.58-2009, SEC.30.
IC 31-19-25-4
Nonrelease form; contents
Sec. 4. The state registrar shall prescribe the nonrelease form
described in section 3 of this chapter. In prescribing the nonrelease
form, the state registrar shall devise the form in a manner that
indicates that the birth parent's lack of consent to the release of
identifying information is to remain in effect for the time indicated
by the birth parent. The form must:
(1) contain a space in which the birth parent may check "yes" or
"no" concerning whether the person submitting the form desires
the state registrar to send notice to the birth parent's most recent
address at the time that the form lapses in cases in which the
birth parent has not chosen to prevent the nonrelease form from
lapsing; and
(2) indicate that the birth parent may choose to prevent the
nonrelease form from lapsing.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-5
Notice before lapse of nonrelease form
Sec. 5. Except as provided under section 4 of this chapter, the
state registrar shall mail a notice to a birth parent who submits a
nonrelease form under section 3 of this chapter within ninety (90)
days before the birth parent's nonrelease form lapses. The notice:
(1) shall be mailed to the most recent address of the birth parent
that has been supplied to the state registrar; and
(2) must indicate:
(A) the date upon which the form is to lapse; and
(B) that the nonrelease form is renewable.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-6
Request to be reunited with pre-adoptive sibling
Sec. 6. An adoptee who is at least twenty-one (21) years of age or
a pre-adoptive sibling who is at least twenty-one (21) years of age
may submit a written request to the state registrar:
(1) stating an interest in being reunited with any pre-adoptive
siblings; and
(2) authorizing the state registrar to release the name and
present location of the person submitting the request to any
pre-adoptive siblings who make similar inquiries.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-7
Release of information concerning pre-adoptive siblings
Sec. 7. (a) If:
(1) an adoptee who is at least twenty-one (21) years of age; or
(2) a pre-adoptive sibling who is at least twenty-one (21) years
of age;
expresses a desire to be reunited with a pre-adoptive sibling under
section 6 of this chapter, the state registrar shall determine whether
the requesting person's pre-adoptive sibling has made a similar
inquiry.
(b) If the pre-adoptive sibling has previously authorized a release
of information concerning the sibling's identity under section 6 of
this chapter, the state registrar shall release the pre-adoptive sibling's
name and present location to each requesting person.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-8
Duties of registrar following request to be reunited with
pre-adoptive sibling
Sec. 8. (a) If an adoptee who is at least twenty-one (21) years of
age or a pre-adoptive sibling who is at least twenty-one (21) years of
age submits a written request to be reunited with a pre-adoptive
sibling under section 6 of this chapter but the pre-adoptive sibling
has not made a similar inquiry, the state registrar shall:
(1) search the sealed adoption records for information
concerning the pre-adoptive sibling; and
(2) if possible, contact and advise the sibling of the request
unless the sibling is less than twenty-one (21) years of age.
(b) If the state registrar locates a sibling who is at least twenty-one
(21) years of age, the contacted sibling shall make the final decision
as to whether to release the sibling's name and present location to the
requesting person.
(c) If the state registrar locates a sibling who is less than
twenty-one (21) years of age, the state registrar shall contact the:
(1) sibling's birth parents if the sibling has not been adopted; or
(2) sibling's adoptive parents if the sibling has been adopted;
for the final determination regarding release of the sibling's name and
present location to the requesting person.
(d) The state registrar shall notify the requesting person whenever
a sibling has been located, but may not release information about the
sibling's identity or present location without authorization under this
section.
(e) If the sibling is deceased or cannot be identified or located
under this section, the state registrar shall notify the requesting party,
but may not release any information that would tend to identify the
sibling.
(f) In an attempt to discover the identity and present location of a
pre-adoptive sibling, the state registrar shall receive, upon request,
any available adoptive information regarding the sibling's identity or
location that is in the possession of any of the following:
(1) The state division of vital records.
(2) The county office of family and children.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in
IC 34-6-2-117).
(5) The department.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.166;
P.L.145-2006, SEC.262.
IC 31-19-25-9
Request by adoptive parents for information concerning
pre-adoptive siblings
Sec. 9. (a) The adoptive parents of an adoptee who is less than
twenty-one (21) years of age may submit a written request for
information concerning the identity and present location of any
pre-adoptive siblings of the adoptee.
(b) The state registrar shall release information concerning the
name and present location of the pre-adoptive sibling to the adoptive
parents if the pre-adoptive sibling submitted a written request
authorizing the release of the information under section 6 of this
chapter.
(c) If a mutual inquiry has not been made under section 6 of this
chapter, the state registrar shall do the following:
(1) Perform the duties described by section 8 of this chapter.
(2) Release information to the adoptive parents only to the
extent that information may be released to a requesting person
under section 8 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-10
Withdrawal of request or consent
Sec. 10. A request or consent submitted under section 6, 8, or 9 of
this chapter may be withdrawn in a signed writing.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-11
Storage and indexing of requests and nonrelease forms
Sec. 11. The state registrar shall provide for the storage and
indexing of requests and nonrelease forms under this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-12
Errors in execution of forms
Sec. 12. The state registrar may contact a person who submits a
request form or nonrelease form that is incorrectly or incompletely
executed to inform the person regarding the error in the execution of
the form.
As added by P.L.1-1997, SEC.11.
IC 31-19-25-13
Fee for expenses
Sec. 13. (a) The following persons may charge a reasonable fee
for actual expenses incurred in complying with this chapter:
(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A county office of family and children.
(5) A professional health care provider.
(6) The state department of health, except as provided in
subsection (b).
(b) The state department of health may not charge a fee for filing
a nonrelease form under this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.263.
IC 31-19-25-14
Rules; forms
Sec. 14. The state registrar:
(1) may adopt rules under IC 4-22-2; and
(2) shall prescribe any forms necessary;
to implement this chapter.
As added by P.L.1-1997, SEC.11.