§ 48-3-205. Disclosure of background information.
§48‑3‑205. Disclosure of background information.
(a) Notwithstanding anyother provision of law, before placing a minor for adoption, an individual oragency placing the minor, or the individual's agent, must compile and provideto the prospective adoptive parent a written document containing the followinginformation:
(1) The date of thebirth of the minor and the minor's weight at birth and any other reasonablyavailable nonidentifying information about the minor that is relevant to theadoption decision or to the minor's development and well‑being;
(2) Age of thebiological parents in years at the time of the minor's birth;
(3) Heritage of thebiological parents, which shall consist of nationality, ethnic background, andrace;
(4) Education of thebiological parents, which shall be the number of years of school completed bythe biological parents at the time of the minor's birth; and
(5) General physicalappearance of the biological parents.
In addition, the written documentmust also include all reasonably available nonidentifying information about thehealth of the minor, the biological parents, and other members of thebiological parents' families that is relevant to the adoption decision or tothe minor's health and development. This health‑related information shallinclude each such individual's present state of physical and mental health,health and genetic histories, and information concerning any history ofemotional, physical, sexual, or substance abuse. This health‑relatedinformation shall also include an account of the prenatal and postnatal carereceived by the minor. The information described in this subsection, if known,shall, upon written request of the minor, be made available to the minor uponthe minor reaching age 18 or upon the minor's marriage or emancipation.
(b) Informationprovided under this section, or any information directly or indirectly derivedfrom such information, may not be used against the provider or against anindividual described in subsection (a) of this section who is the subject ofthe information in any criminal action or any civil action for damages. Inaddition, information provided under this section may not be admitted inevidence against the provider or against an individual described in subsection(a) of this section who is the subject of the information in any other actionor proceeding.
(c) The agency placingthe minor shall receive and preserve any additional health‑relatedinformation obtained after the preparation of the document described insubsection (a) of this section.
(d) The Division shalldevelop and make available forms designed to collect the information describedin subsection (a) of this section. (1949, c. 300; 1957, c. 778,s. 7; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1979, c. 739, ss. 1, 2;1981, c. 924, ss. 2, 3; 1983, c. 454, s. 6; 1993, c. 539, s. 411; 1994, Ex.Sess., c. 24, s. 14(c); 1995, c. 457, s. 2.)