§ 48-9-105. Action for release of identifying and other nonidentifying information.
§48‑9‑105. Action for release of identifying and othernonidentifying information.
(a) Any informationnecessary for the protection of the adoptee or the public in or derived fromthe records, including medical information not otherwise obtainable, may bedisclosed to an individual who files a written motion in the cause before theclerk of original jurisdiction. In hearing the petition, the court shall giveprimary consideration to the best interest of the adoptee, but shall also givedue consideration to the interests of the members of the adoptee's original andadoptive family.
(b) The movant mustserve a copy of the motion, with written proof of service, upon the Departmentand the agency that prepared the report for the court. The clerk shall give at leastfive days' notice to the Department and the agency of every hearing on thismotion, whether the hearing is before the clerk or a judge of the districtcourt; and the Department and the agency shall be entitled to appear and beheard in response to the motion.
(c) In determiningwhether cause exists for the release of the name or identity of an individual,the court shall consider:
(1) The reason theinformation is sought;
(2) Any procedureavailable for satisfying the petitioner's request without disclosing the nameor identity of another individual, including having the court appoint arepresentative to contact the individual and request specific information;
(3) Whether theindividual about whom identifying information is sought is alive;
(4) To the extent known,the preference of the adoptee, the adoptive parents, the adoptee's parents atbirth, and other members of the adoptee's original and adoptive families, andthe likely effect of disclosure on these individuals;
(5) The age, maturity,and expressed needs of the adoptee;
(6) The report orrecommendation of any individual appointed by the court to assess the requestfor identifying information; and
(7) Any other factorrelevant to an assessment of whether the benefit to the petitioner of releasingthe information sought will be greater than the benefit to any other individualof not releasing the information.
(d) An individual whofiles a motion under this section may also ask the court to authorize therelease by the State Registrar of a certified copy of the adoptee's originalcertificate of birth. (1949, c. 300; 1985, c. 448; 1995, c. 88, s. 6; 1995,c. 457, s. 2.)