§ 48-9-102. Records confidential and sealed.
§ 48‑9‑102. Records confidential and sealed.
(a) All records createdor filed in connection with an adoption, except the decree of adoption and theentry in the special proceedings index in the office of the clerk of court, andon file with or in the possession of the court, an agency, the State, a county,an attorney, or other provider of professional services, are confidential andmay not be disclosed or used except as provided in this Chapter.
(b) During a proceedingfor adoption, records shall not be open to inspection by any person except uponan order of the court finding that disclosure is necessary to protect theinterest of the adoptee.
(c) When a decree ofadoption becomes final, all records and all indices of records on file with thecourt, an agency, or this State shall be retained permanently and sealed.Sealed records shall not be open to inspection by any person except asotherwise provided in this Article.
(d) All records filedin connection with an adoption, including a copy of the petition giving thedate of the filing of the original petition, the original of each consent andrelinquishment, additional documents filed pursuant to G.S. 48‑2‑305,any report to the court, any additional documents submitted and orders enteredand a copy of the final decree, shall be sent by the clerk of superior court tothe Division within 10 days after the decree of adoption is entered or 10 daysfollowing the final disposition of an appeal pursuant to G.S. 48‑2‑607(b).The original petition and final decree shall be retained by the clerk.
(e) The Division mustcause the papers and reports related to the proceeding to be permanentlyindexed and filed.
(f) The Division shalltransmit a report of each adoption and any name change to the State Registrarif the adoptee was born in this State. In the case of an adoptee who was notborn in this State, the Division shall transmit the report and any name changeto the appropriate official responsible for issuing birth certificates or theirequivalent.
(g) In any adoption,the State Registrar may, in addition to receiving the report from the Division,request a copy of the final order and any separate order of name changedirectly from the clerk of court. (1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186; 1967,c. 619, ss. 6, 7; c. 880, s. 3; 1969, c. 21, ss. 3‑6; c. 982; 1971, c.1231, s. 1; 1973, c. 476, s. 138; c. 849, s. 3; 1975, c. 91; 1979, c. 739, ss.1, 2; 1981, c. 657; c. 924, ss. 2, 3; 1983, c. 454, s. 6; 1989, c. 208; c. 727,s. 219(4); 1993, c. 539, s. 411; c. 553, s. 14; 1994, Ex. Sess., c. 24, s.14(c); 1995, c. 457, s. 2; 1997‑215, s. 9(a)‑(c); 2001‑208,s. 11; 2001‑487, s. 101.)