§ 48-9-103. Release of nonidentifying information.
§ 48‑9‑103. Release of nonidentifying information.
(a) An adoptive parent,an adoptee who is an adult at the time of the request, or a minor adoptee whois a parent or an expectant parent may request a copy of any document preparedpursuant to G.S. 48‑3‑205 and a copy of any additionalnonidentifying health‑related information about the adoptee's originalfamily that has been submitted to a court, agency, or the Division. A minorseeking treatment pursuant to G.S. 90‑21.1 may request that a copy ofthis information be sent to the treating physician.
(b) If a request underthis section is made to the agency that placed the adoptee or prepared thereport to the court, the agency shall furnish the individual making the requestor the treating physician named by a minor making the request with a copy ofany relevant report or information that is included in the sealed records ofthe agency. If a request under this section is made to the court that issuedthe decree of adoption, the court shall refer the individual to the Division,or, if known to the court, the agency that placed the adoptee or prepared thereport to the court. The Division may refer the individual to the agency thatprepared the report to the court. If the agency no longer exists, the Divisionmay furnish the information to an agency convenient to the requesting party.
(c) Any report orinformation released under this section shall be edited by the sender toexclude the name, address, or other information that could reasonably beexpected to lead directly to the identity of an adoptee at birth or anadoptee's parent at the adoptee's birth or other member of the adoptee'soriginal family and shall contain an express reference to the confidentialityprovisions of this Chapter.
(d) An individual who isdenied access to a report or information requested under this section maypetition the clerk of original jurisdiction for review of the reasonableness ofthe denial.
(e) If the court or theagency receives information from an adoptee's former parent or from anadoptee's former relative about a health or genetic condition that may affectthe health of the adoptee or the adoptee's child, an appropriate employee shallmake a reasonable effort to contact and forward the information to an adopteewho is 18 or more years of age, or an adoptive parent of an adoptee who isunder 18 years of age.
(f) Nothing in thissection shall prohibit an agency from disclosing nonidentifying informationabout the adoptee's present circumstances, in the nature of information requiredunder G.S. 48‑3‑205, to a former parent, an adult sibling, or theguardian of a minor sibling on request.
(g) The Departmentshall prescribe a reasonable procedure for verifying the identity, age, orother relevant characteristics of an individual who requests or provides areport or information under this section and the Department, the court, oragency may charge a reasonable fee for locating and making copies of a reportor information.
(h) No request underthis section shall be made to the State Registrar of Vital Statistics. (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.)