February 3, 2009
SENATE BILL No. 280
_____
DIGEST OF SB 280
(Updated January 29, 2009 2:32 pm - DI 106)
Citations Affected: IC 31-9; IC 31-14; IC 31-19.
Synopsis: Adoption. Expands the definition of "pre-adoptive sibling".
Requires the clerk of courts to file a notice with the state department of
health (department) concerning filings of petitions to establish
paternity. Requires the department to provide: (1) certain information
regarding filings of petitions to establish paternity; and (2) certain
information not later than five days. (Current law requires the
information be provided not later than 10 days.) Requires a court in
which a paternity action is pending to stay all proceedings in the
paternity action upon notice that a court in which an adoption is
pending has assumed jurisdiction of the paternity action. Allows the
department to release information concerning putative father
registrations to: (1) attorneys who represent mothers, putative fathers,
and child placing agencies; and (2) child placing agencies that
represent mothers and putative fathers. Allows an attorney, a licensed
child placing agency, or a county office of family and children that
contacts an adoptee or a birth parent upon a request to release
identifying information if an adoptee who is at least 21 years of age and
a birth parent consent. Makes clarifying and conforming changes to
correspond with current law.
Effective: July 1, 2009.
Lubbers
, Miller
, Bray, Broden
January 7, 2009, read first time and referred to Committee on Judiciary.
February 2, 2009, amended, reported favorably _ Do Pass.
February 3, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 280
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-9-2-93; (09)SB0280.1.1. -->
SECTION 1. IC 31-9-2-93 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 93. "Pre-adoptive
sibling", for purposes of:
(1) IC 31-19-18;
(2) IC 31-19-16.5; and
(3) IC 31-19-25;
means a person who would have been a sibling of an adoptee who is
born before the date that had the adoptee not been adopted,
regardless of whether the person is born before or after the
adoptee's adoption is finalized.
SOURCE: IC 31-9-2-117.3; (09)SB0280.1.2. -->
SECTION 2. IC 31-9-2-117.3, AS ADDED BY P.L.133-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 117.3. "Sibling", for purposes of IC 31-19 and
IC 31-28-5, means a brother or sister by blood, half-blood, or adoption.
SOURCE: IC 31-14-9-0.5; (09)SB0280.1.3. -->
SECTION 3. IC 31-14-9-0.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 0.5. Upon the filing of a petition to establish
paternity, the clerk of the court shall prepare a notice of the filing
on a form prescribed and furnished by the state department of
health. The notice must include the following:
(1) The name of the child.
(2) The name of the mother of the child.
(3) The name and address of the man alleged or alleging to be
the father of the child.
(4) The name of the petitioner.
(5) The date the petition was filed.
(6) The name of the court and cause number.
SOURCE: IC 31-14-9-2; (09)SB0280.1.4. -->
SECTION 4. IC 31-14-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Not later than the
tenth day of each month, the clerk of the court shall forward to the state
department of health the following:
(1) Each record of a paternity determination entered during the
preceding month.
(2) Each order entered during the preceding month indicating that
a court has set aside a paternity determination.
(3) Any other related reports that the state department of health
requires.
(b) Not later than five (5) days after a petition to establish
paternity has been filed, the clerk of the court shall forward to the
state department of health a notice required by section 0.5 of this
chapter related to the petition to establish paternity.
SOURCE: IC 31-14-21-9; (09)SB0280.1.5. -->
SECTION 5. IC 31-14-21-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) Except as
provided under section 13 of this chapter and subject to
IC 31-19-2-14, if a court presiding over a paternity action under this
article knows of:
(1) a pending adoption of a child who is the subject of the
paternity action; and
(2) the court in which the adoption is pending;
the court having jurisdiction over the paternity action shall establish a
child's paternity within the period prescribed by this chapter.
(b) Except as provided under section 13 of this chapter and
subject to IC 31-19-2-14, the court shall conduct an initial hearing not
more than thirty (30) days after:
(1) the filing of the paternity petition; or
(2) the birth of the child;
whichever occurs later.
SOURCE: IC 31-14-21-9.1; (09)SB0280.1.6. -->
SECTION 6. IC 31-14-21-9.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9.1. (a)
Except as
provided under section 13 of this chapter and subject to
IC 31-19-2-14, at the initial hearing held under section 9 of this
chapter, the court shall order all the parties to the paternity action to
undergo blood or genetic testing.
(b) If the alleged father is unable to pay for the initial costs of the
testing, the court shall order that the tests be paid by the state
department of health from putative father registry fees collected under
IC 31-19-2-8(2). The state department of health may recover costs from
an individual found to be the biological father of the child in the action.
SOURCE: IC 31-14-21-9.2; (09)SB0280.1.7. -->
SECTION 7. IC 31-14-21-9.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9.2. Subject to
IC 31-19-2-14 and section 13 of this chapter, not later than ninety
(90) days after the initial hearing held under section 9 of this chapter,
the court shall conduct a final hearing to determine paternity. Not more
than fourteen (14) days after the final hearing, the court shall issue its
ruling in the paternity action.
SOURCE: IC 31-14-21-13; (09)SB0280.1.8. -->
SECTION 8. IC 31-14-21-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 13. Upon notice that a court in
which an adoption is pending has assumed jurisdiction of a
paternity action under IC 31-19-2-14, the court in which the
paternity action was pending shall stay all proceedings in the
paternity action until further order from the court in which the
adoption is pending.
SOURCE: IC 31-19-2.5-4; (09)SB0280.1.9. -->
SECTION 9. IC 31-19-2.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. Notice of the
pendency of the adoption proceedings does not have to be given to:
(1) a person whose consent to adoption has been filed with the
petition for adoption;
(2) a person whose consent to adoption is not required by:
(A) IC 31-19-9-8(a)(4)(A);
(B) IC 31-19-9-8(a)(4)(D);
(C) IC 31-19-9-8(a)(5);
(D) IC 31-19-9-8(a)(6);
(E) IC 31-19-9-8(a)(7);
(F) IC 31-19-9-8(a)(8);
(G) IC 31-19-9-9;
(H) IC 31-19-9-10;
(G) (I) IC 31-19-9-12;
or
(H) (J) IC 31-19-9-15; or
(K) IC 31-19-9-18;
(3) the hospital of an infant's birth or a hospital to which an infant
is transferred for medical reasons after birth if the infant is being
adopted at or shortly after birth;
(4) a person whose parental rights:
(A) have been terminated; or
(B) will be terminated before the entry of a final decree of
adoption; or
(5) a person who has waived notice under:
(A) IC 31-19-4-8; or
(B) IC 31-19-4.5-4.
SOURCE: IC 31-19-4-3; (09)SB0280.1.10. -->
SECTION 10. IC 31-19-4-3, AS AMENDED BY P.L.146-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child's
adoption, on or before the date the child's mother executes a
consent to the child's adoption, that the child was conceived
outside Indiana; and
(B) does not disclose to the attorney or agency the name or
address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or
has not had the parent-child relationship terminated under
IC 31-35 (or IC 31-6-5 before its repeal); and
(B) not registered with the putative father registry under
IC 31-19-5 within the period under IC 31-19-5-12;
the attorney or agency shall serve notice of the adoption proceedings
on the putative father by publication in the same manner as a summons
is served by publication under Rule 4.13 Rule 4.13(C) of the Indiana
Rules of Trial Procedure.
(b) The only circumstance under which notice to the putative father
must be given by publication under Rule 4.13 Rule 4.13(C) of the
Indiana Rules of Trial Procedure is when the child was conceived
outside of Indiana as described in subsection (a).
SOURCE: IC 31-19-5-1; (09)SB0280.1.11. -->
SECTION 11. IC 31-19-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies
to a putative father whenever:
(1) an adoption under IC 31-19-2
is has been or may be filed
regarding a child who may have been conceived by the putative
father; and
(2) on or before the date the child's mother executes a consent to
the child's adoption, the child's mother has not disclosed the name
or address, or both, of the putative father to an attorney or agency
that is arranging the child's adoption.
SOURCE: IC 31-19-5-6; (09)SB0280.1.12. -->
SECTION 12. IC 31-19-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) This chapter does
not relieve a man who is presumed to be a father under 31-14-7-2 from
the obligation of registering in accordance with this chapter to be
entitled to notice of an adoption of a child for whom the man may be
the presumed father.
(b) The filing of a paternity action by a putative father does not
relieve the putative father from the:
(1) obligation of registering; or
(2) consequences of failing to register;
in accordance with this chapter unless paternity has been
established before the filing of the petition for adoption of the
child.
SOURCE: IC 31-19-5-7; (09)SB0280.1.13. -->
SECTION 13. IC 31-19-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The state
department of health shall maintain the following information in the
registry:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served with
notice of an adoption under Rule 4.1 of the Indiana Rules of
Trial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's:
(A) name, including all other names known to the putative
father that the mother uses, if known;
(B) address, if known;
(C) Social Security number, if known; and
(D) date of birth, if known.
(3) The child's:
(A) name, if known; and
(B) place of birth, if known.
(4) The date that the state department of health receives a putative
father's registration.
(5) The:
(A) name of an attorney or agency that requests the state
department to search the registry under section 15 of this
chapter to determine whether a putative father is registered in
relation to a mother whose child is or may be the subject of an
adoption; and
(B) date that the attorney or agency submits a request as
provided under this subdivision.
(6) Any notice of a filing of a petition to establish paternity as
described in IC 31-14-9-0.5.
(6) (7) Any other information that the state department determines
is necessary to access the information in the registry.
(b) If a putative father does not have an address where the putative
father is able to be served with notice of an adoption, the putative
father may designate another person as an agent for the purpose of
being served with notice of adoption. The putative father must provide
the department with the agent's name and the address at which the
agent may be served. Service of notice upon the agent under Rule 4.1
of the Indiana Rules of Trial Procedure constitutes service of notice
upon the putative father. If notice of an adoption may not be served on
the agent under Rule 4.1 of the Indiana Rules of Trial Procedure as
provided by this subsection, further notice of the adoption to the agent
or to the putative father is not necessary.
SOURCE: IC 31-19-5-9; (09)SB0280.1.14. -->
SECTION 14. IC 31-19-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) A putative father
who registers under this chapter shall provide to the state department
of health the following:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served with
notice of an adoption under Rule 4.1 of the Indiana Rules of
Trial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's name, including all other names known to the
putative father that the mother uses.
(3) Any other information described under section 7 of this
chapter that is known to the putative father.
(b) A clerk of the court shall provide to the state department of
health the notice required to be prepared under IC 31-14-9-0.5.
SOURCE: IC 31-19-5-15; (09)SB0280.1.15. -->
SECTION 15. IC 31-19-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) An attorney or
agency that arranges an adoption or may arrange an adoption may at
any time request that the state department of health search the registry
to determine whether a putative father:
(1) is registered in relation to a mother whose child is or may be
the subject of an adoption;
or
(2) has filed a petition to establish paternity under this
chapter;
(b) Whenever a petition for adoption is filed, the attorney or agency
that arranges the adoption shall:
(1) request that the state department of health search the registry
under this section at least one (1) day after the expiration of the
period specified by section 12 of this chapter; and
(2) file an affidavit prepared by the state department of health
under section 16 of this chapter in response to a request under
subdivision (1) with the court presiding over the adoption under
this article.
SOURCE: IC 31-19-5-16; (09)SB0280.1.16. -->
SECTION 16. IC 31-19-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) Not later than
ten (10) five (5) days after receiving a request under section 15 of this
chapter, the state department of health shall submit an affidavit to the
attorney or agency verifying whether a putative father:
(1) is registered within the period specified by section 12 of this
chapter in relation to a mother whose child is the subject of the
adoption that the attorney or agency is arranging; or
(2) has filed a petition to establish paternity under this
chapter.
(b) Whenever the state department of health finds that one (1) or
more putative fathers are registered, the state department shall:
(1) submit a copy of each registration form with the state
department's affidavit; and
(2) include in the affidavit the date that the attorney or agency
submits the request for a search that relates to the affidavit.
(c) Whenever the state department of health finds that one (1)
or more putative fathers have filed a petition to establish paternity
under this chapter, the state department of health shall:
(1) submit a copy of each notice prepared by the clerk of the
court under IC 31-14-9-0.5 with the state department of
health's affidavit; and
(2) include in the affidavit the date the attorney or agency
submitted the request for the search that relates to the
affidavit.
(c) (d) A court may not grant an adoption unless the state
department's affidavit under this section is filed with the court as
provided under IC 31-19-11-1(a)(4).
SOURCE: IC 31-19-5-17; (09)SB0280.1.17. -->
SECTION 17. IC 31-19-5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. Whenever the state
department of health receives a request under section 15 of this
chapter, the state department shall:
(1) search the state department's records of paternity
determinations and notices of filings of petitions to establish
paternity filed under IC 31-14-9-2; and
(2) notify the attorney or agency, in compliance with IC 31-19-6,
as to whether a record of a paternity determination or a notice of
a filing of a petition to establish paternity has been filed
concerning a child who is or may be the subject of an adoption
that the attorney or agency is arranging.
SOURCE: IC 31-19-5-21; (09)SB0280.1.18. -->
SECTION 18. IC 31-19-5-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) Subject to
subsection (b), upon written request by:
(1) a putative father;
(2) a mother;
(3) a child;
(4) any party or attorney of record in a pending adoption;
(5) an attorney who represents:
(A) prospective adoptive parents; or
(B) petitioners in an adoption;
(C) a mother;
(D) a putative father; or
(E) a licensed child placing agency;
(6) a licensed child placing agency that represents:
(A) prospective adoptive parents; or
(B) petitioners in an adoption;
(C) a mother; or
(D) a putative father; or
(7) a court that presides over a pending adoption;
the state department of health shall furnish a certified copy of a
putative father's registration form and a copy of any notice of a filing
of a petition to establish paternity prepared under IC 31-14-9-0.5.
(b) The state department may release the certified copy of the
registration form to a person under subsection (a)(1) through (a)(3)
only if the information contained in the registration form names the
requesting person.
(c) A person listed under subsection (a), who requests information
about a registration from the state department, must do the following:
(1) Submit the request in writing.
(2) Under the penalties of perjury, state that the requesting person
is entitled to receive the information under this chapter.
(3) Submit the request in a manner described by section 20(1) or
20(2) of this chapter.
SOURCE: IC 31-19-6-1; (09)SB0280.1.19. -->
SECTION 19. IC 31-19-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. An attorney or
agency that arranges an adoption or may arrange an adoption may at
any time request that the state department of health search the state
department's records of:
(1) paternity determinations to determine whether a man's
paternity of a child has been established in relation to a child who
is or may be the subject of an adoption; and
(2) notices of filings of petitions to establish paternity.
SOURCE: IC 31-19-6-2; (09)SB0280.1.20. -->
SECTION 20. IC 31-19-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. Not later than ten
(10) five (5) days after receiving a request under section 1 of this
chapter, the state department of health shall:
(1) submit an affidavit to the attorney or agency verifying whether
a record of a paternity determination has been filed under
IC 31-14-9-2 concerning the child; and
(2) search the putative father registry established by IC 31-19-5
and notify the attorney or agency, in compliance with
IC 31-19-5-16 as to whether a putative father has:
(A) registered concerning the child; or
(B) filed a petition to establish paternity in relation to the
child.
SOURCE: IC 31-19-6-3; (09)SB0280.1.21. -->
SECTION 21. IC 31-19-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) If a record of a
paternity determination has been filed concerning a child who is the
subject of a request under section 1 of this chapter, the state department
of health shall release a copy of the record of the paternity
determination to the requesting attorney or agency.
(b) If a notice of a filing of a petition to establish paternity has
been filed concerning a child who is the subject of a request under
section 1 of this chapter, the state department of health shall
release a copy of the notice of the filing of the petition to the
requesting attorney or agency.
SOURCE: IC 31-19-9-1; (09)SB0280.1.22. -->
SECTION 22. IC 31-19-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Except as
otherwise provided in this chapter, a petition to adopt a child who is
less than eighteen (18) years of age may be granted only if written
consent to adoption has been executed by the following:
(1) Each living parent of a child born in wedlock,
including a
man who is presumed to be the child's biological father under
IC 31-14-7-1(1) if the man is the biological or adoptive parent
of the child.
(2) The mother of a child born out of wedlock and the father of a
child whose paternity has been established by:
(A) a court proceeding other than the adoption proceeding,
except as provided in IC 31-14-20-2; or
(B) a paternity affidavit executed under IC 16-37-2-2.1;
unless the putative father gives implied consent to the adoption
under section 15 of this chapter.
(3) Each person, agency, or county office of family and children
having lawful custody of the child whose adoption is being
sought.
(4) The court having jurisdiction of the custody of the child if the
legal guardian or custodian of the person of the child is not
empowered to consent to the adoption.
(5) The child to be adopted if the child is more than fourteen (14)
years of age.
(6) The spouse of the child to be adopted if the child is married.
(b) A parent who is less than eighteen (18) years of age may consent
to an adoption without the concurrence of:
(1) the individual's parent or parents; or
(2) the guardian of the individual's person;
unless the court, in the court's discretion, determines that it is in the
best interest of the child to be adopted to require the concurrence.
SOURCE: IC 31-19-10-4; (09)SB0280.1.23. -->
SECTION 23. IC 31-19-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. A consent to
adoption may be withdrawn only as provided in this chapter and
may not be withdrawn after the entry of the adoption decree.
SOURCE: IC 31-19-15-1; (09)SB0280.1.24. -->
SECTION 24. IC 31-19-15-1, AS AMENDED BY P.L.130-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) Except as provided in section 2 of this
chapter or IC 31-19-16, if the biological parents of an adopted person
are alive, the biological parents are:
(1) relieved of all legal duties and obligations to the adopted
child; and
(2) divested of all rights with respect to the child;
and the parent-child relationship is terminated after the adoption
unless the parent-child relationship was terminated by an earlier
court action, operation of law, or otherwise.
(b) The obligation to support the adopted person continues until the
entry of the adoption decree. The entry of the adoption decree does not
extinguish the obligation to pay past due child support owed for the
adopted person before the entry of the adoption decree.
SOURCE: IC 31-19-17-2; (09)SB0280.1.25. -->
SECTION 25. IC 31-19-17-2, AS AMENDED BY P.L.129-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. A person, a licensed child placing agency, or a
county office of family and children placing a child for adoption shall
prepare or cause to be prepared a report summarizing the available
medical, psychological, and educational records of the person or
agency concerning the birth parents. The person, agency, or county
office shall exclude from this report information that would identify the
birth parents unless the adoptive parents know the identity of the
birth parents. The person, agency, or county office shall give the
report to:
(1) the adoptive parents:
(A) at the time the home study or evaluation concerning the
suitability of the proposed home for the child is commenced;
or
(B) as soon as practical after the adoptive parents are
matched with the birth mother; or
(B) (C) with the consent of the adoptive parents, not more than
thirty (30) days after the child is placed with the adoptive
parents; and
(2) upon request and without information that would identify
the birth parents unless an adoptee already knows the identity
of the birth parents, an adoptee who:
(A) is at least twenty-one (21) years of age; and
(B) provides proof of identification
SOURCE: IC 31-19-17-3; (09)SB0280.1.26. -->
SECTION 26. IC 31-19-17-3, AS AMENDED BY P.L.1-2006,
SECTION 497, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. The person, licensed child
placing agency, or county office of family and children shall:
(1) exclude information that would identify the birth parents
unless the adoptive parent under subdivision (2)(A) or an
adoptee under subdivision (2)(B) who requests the
information knows the identity of the birth parents; and
(2) release all available social, medical, psychological, and
educational records concerning the child to:
(A) the adoptive parent; and
(B) upon request, an adoptee who:
(i) is at least twenty-one (21) years of age; and
(ii) provides proof of identification.
SOURCE: IC 31-19-17-5; (09)SB0280.1.27. -->
SECTION 27. IC 31-19-17-5, AS AMENDED BY P.L.1-2006,
SECTION 499, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5. (a) This section applies to an
adoption that is granted before July 1, 1993.
(b) Upon the request of an adoptee who:
(1) is at least twenty-one (21) years of age; and
(2) provides proof of identification;
a person, a licensed child placing agency, or a county office of family
and children shall provide to the adoptee available information of
social, medical, psychological, and educational records and reports
concerning the adoptee. The person, licensed child placing agency, or
county office of family and children shall exclude from the records
information that would identify the birth parents unless an adoptee
already knows the identity of the birth parents.
SOURCE: IC 31-19-18-2; (09)SB0280.1.28. -->
SECTION 28. IC 31-19-18-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The following
persons may transmit identifying information and nonidentifying
information to the state registrar for inclusion with the adoption history:
(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) A pre-adoptive sibling who is at least twenty-one (21) years
of age.
(5) The spouse or relative of a deceased adoptee if the
relationship existed at the time of the adoptee's death.
(6) The spouse or relative of a deceased birth parent if the
relationship existed at the time of the birth parent's death.
(b) The state registrar shall store all information received under this
section in a manner that is readily recoverable.
(c) Any transmission of information received under this section
must include an affirmation by the person that:
(1) the information is true or that the person believes the
information to be true; and
(2) the person is a person described in subsection (a).
SOURCE: IC 31-19-22-8; (09)SB0280.1.29. -->
SECTION 29. IC 31-19-22-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. An attorney, a
licensed child placing agency, or a county office of family and children
who contacts an adoptee or a birth parent upon a request under section
7 of this chapter may not disclose identifying information
However,
unless the:
(1) adoptee who:
(A) is at least twenty-one (21) years of age gives written
consent; or
(B) is less than twenty-one (21) years of age has the written
consent of the adoptee's adoptive parents; and
(2) birth parent gives written consent;
to the release of identifying information by the attorney, licensed
child placing agency, or county office of family and children. If
both the adoptee who is at least twenty-one (21) years of age and
the birth parent consent to the release of identifying information
but do not provide the consent in writing, the attorney, agency, or
county office of family and children may inform the adoptee or the
birth parent regarding the fact that an adoptee or a birth parent has
consented to the release of identifying information under IC 31-19-21
(or IC 31-3-4-27 before its repeal). The attorney, licensed child placing
agency, or county office of family and children may inquire as to
whether the adoptee or birth 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 31-19-21, this chapter, and IC 31-19-23 through IC 31-19-24.
SOURCE: IC 31-19-25-3; (09)SB0280.1.30. -->
SECTION 30. IC 31-19-25-3, AS AMENDED BY P.L.145-2006,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) An adoptee's 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 section.
(b) The following persons may not release any identifying
information concerning the birth parent to the adoptee 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.
(6) A court.
(c) The nonrelease form filed under this section:
(1) remains in effect during the period indicated by the person
submitting the form;
(2) is renewable; and
(3) may be withdrawn at any time by the person who submitted
the form.
(d) The nonrelease form is no longer in effect if the birth parent
consents in writing to the release of identifying information and
has not withdrawn that consent.