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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
Requirements for release of identifying information
Sec. 2. (a) The following may request the release of identifying
information:
(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) The spouse or relative of a deceased adoptee.
(5) The spouse or relative of a deceased birth parent.
(b) Except as provided in sections 3, 15, and 17 of this chapter
and subject to sections 2.5 and 21 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;
(6) the attorney who arranged the adoption; and
(7) a court;
shall release identifying information in the person's possession to the
individual requesting the release of identifying information only if
the adoptee has submitted a written consent under IC 31-19-21 to the
state registrar or the person from whom the release of identifying
information is requested for release of identifying information to the
individual requesting the release of identifying information.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.165;
P.L.145-2006, SEC.260; P.L.191-2011, SEC.41.
IC 31-19-25-2.5
Release prohibited; request information; affidavit
Sec. 2.5. (a) Except as provided in subsection (b), if an individual
requests the release of identifying information under section 2 of this
chapter regarding an adoptee who is less than twenty-one (21) years
of age, the state registrar, the department, a county office of family
and children, a licensed child placing agency, a professional health
care provider, an attorney, and a court may not release identifying
information under this chapter unless the adoptee's adoptive parent
has submitted a written consent for the release of identifying
information.
IC 31-19-25-3
Nonrelease form; filing; duration; withdrawal; effect of consent
Sec. 3. (a) A 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 chapter.
(b) A person who arranges for the signing of a consent to adoption
shall provide the birth parent with a nonrelease form and the
explanation described in IC 31-19-9-6.
(c) Except as provided in sections 15 and 17 of this chapter, the
following persons may not release any identifying information
concerning a birth parent to an individual requesting the release of
identifying information under section 2 of this chapter 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.
IC 31-19-25-3.5
Sending copy of nonrelease form to state registrar
Sec. 3.5. The following persons shall send a copy of a written
nonrelease form received by the person from a birth parent to the
state registrar:
(1) The department.
(2) A county office of family and children.
(3) A licensed child placing agency.
(4) A professional health care provider.
(5) An attorney.
(6) A court.
As added by P.L.191-2011, SEC.44.
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 individual 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. Amended by P.L.191-2011,
SEC.45.
IC 31-19-25-6
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-25-7
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-25-8
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-25-9
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-25-10
Repealed
(Repealed by P.L.191-2011, SEC.57.)
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 an individual who submits
a request form or nonrelease form that is incorrectly or incompletely
executed to inform the individual regarding the error in the execution
of the form.
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011,
SEC.46.
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
Repealed
(Repealed by P.L.191-2011, SEC.57.)
IC 31-19-25-15
Consent not required
Sec. 15. Except as provided in section 21 of this chapter, the
consent of an adoptee is not required for the release of identifying
information under this chapter if the individual requesting the release
of identifying information under section 2 of this chapter submits:
(1) a death certificate;
(2) an obituary; or
(3) any other form of evidence approved by the state department
of health;
indicating that the adoptee is deceased, to the person releasing the
identifying information.
As added by P.L.191-2011, SEC.47.
IC 31-19-25-16
Search of death certificates
Sec. 16. If an individual submits a request for the release of
identifying information under section 2 of this chapter, the state
registrar shall search the death certificates in the state registrar's
possession regarding:
(1) a related adoptee:
(A) who has not submitted a consent for the release of
information under IC 31-19-21; and
(B) whose consent is necessary before identifying
information may be released to the individual who has
submitted the request; or
(2) a birth parent who has filed a written nonrelease form under
section 3 of this chapter.
As added by P.L.191-2011, SEC.48.
IC 31-19-25-17
Deceased adoptee or birth parent; release of identifying
information
Sec. 17. (a) If, upon searching the death certificates under section
16 of this chapter, the state registrar finds that an adoptee or a birth
parent is deceased, the state registrar shall:
(1) inform the individual requesting the release of the
identifying information under section 2 of this chapter of the
death; and
(2) release the identifying information if additional consent is
not required by this chapter.
(b) The state registrar may not release identifying information
under subsection (a) concerning:
(1) a birth parent or adoptee if additional consent is required by
this chapter; or
(2) a birth parent if a nonrelease form submitted by the birth
parent specifically states that the nonrelease form remains in
effect after the birth parent's death.
As added by P.L.191-2011, SEC.49.
IC 31-19-25-18
Request contact
Sec. 18. An individual who submits a request for the release of
identifying information under section 2 of this chapter may contact:
(1) a county office of family and children;
(2) a licensed child placing agency; or
(3) the attorney who arranged the adoption;
to request that the county office of family and children, the licensed
child placing agency, or the attorney contact an adoptee whose
consent is necessary before identifying information may be released
under this chapter.
As added by P.L.191-2011, SEC.50.
IC 31-19-25-18.5
Contact and disclosure prohibited
Sec. 18.5. An attorney, a licensed child placing agency, and a
county office of family and children may not contact an adoptee, a
birth parent, or an adoptive parent or disclose identifying information
upon a request under section 18 of this chapter if the request involves
an adoptee to whom both of the following apply:
(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state
department of health under IC 31-25-2-22.
As added by P.L.191-2011, SEC.51.
IC 31-19-25-19
Contact; disclosure of identifying information by attorney, licensed
child placing agency, or county office of family and children;
written consent
Sec. 19. (a) Except as provided in section 18.5 of this chapter and
subject to section 21 of this chapter, upon a request described under
section 18 of this chapter, a county office of family and children, a
licensed child placing agency, or an attorney that contacts an adoptee
may not disclose identifying information unless the adoptee:
(1) if the adoptee is at least twenty-one (21) years of age, gives
written consent; or
(2) if the adoptee is less than twenty-one (21) years of age, has
the written consent of the adoptee's adoptive parents;
to the release of identifying information by the county office of
family and children, the licensed child placing agency, or the
attorney.
(b) If:
(1) an adoptee who is at least twenty-one (21) years of age; or
(2) an adoptive parent of an adoptee who is less than
twenty-one (21) years of age;
consents to the release of identifying information but does not
provide the consent in writing, the county office of family and
children, the licensed child placing agency, or the attorney may
inform the birth parent regarding the fact that the adoptee or the
adoptive parent has consented to the release of identifying
information. The county office of family and children, the licensed
child placing agency, or the attorney may inquire as to whether the
adoptee or adoptive parent, whose consent is still needed before
identifying information may be released, is interested in participating
in the adoption registry under IC 31-19-18 through IC 31-19-24, this
chapter, or IC 31-19-25.5.
As added by P.L.191-2011, SEC.52.
IC 31-19-25-20
Fee for services; fee for actual expenses
Sec. 20. (a) A county office of family and children, a licensed
child placing agency, or an attorney may charge a reasonable fee for
services performed or actual expenses incurred under section 19 of
this chapter.
(b) 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) An attorney.
(7) The state department of health.
As added by P.L.191-2011, SEC.53.
IC 31-19-25-21
Client consent required for release of identifying information by
attorney; court order
Sec. 21. (a) An attorney may release identifying information under
this chapter only if the client that the attorney represented in the
adoption has submitted a written consent to the release of the
identifying information to the individual requesting the identifying
information.
(b) If a client described under subsection (a) is deceased or
otherwise unavailable, the identifying information in the attorney's
possession may be released only under a court order issued in a
proceeding under IC 31-19-24.
As added by P.L.191-2011, SEC.54.