First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1201
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 31-9-2-2; (11)HE1201.1.1. -->
SECTION 1. IC 31-9-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. "Adoptee", for purposes of
IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means a person who
has been legally adopted.
SOURCE: IC 31-9-2-3; (11)HE1201.1.2. -->
SECTION 2. IC 31-9-2-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3. "Adoption", for purposes of
IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means the judicial
act of creating the relationship of parent and child where the
relationship did not exist previously.
SOURCE: IC 31-9-2-6; (11)HE1201.1.3. -->
SECTION 3. IC 31-9-2-6, AS AMENDED BY P.L.129-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. "Adoptive parent", for purposes of IC 31-19-11
and IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means an adult
who has become a parent of a child through adoption.
SOURCE: IC 31-9-2-7; (11)HE1201.1.4. -->
SECTION 4. IC 31-9-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7. (a) "Adult", for purposes of
IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means a person who
is at least twenty-one (21) years of age.
(b) "Adult", for purposes of the juvenile law, means a person other
than a child.
SOURCE: IC 31-9-2-10; (11)HE1201.1.5. -->
SECTION 5. IC 31-9-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. "Birth parent", for
purposes of IC 31-19-17 through IC 31-19-24, IC 31-19-25.5, means:
(1) the woman who is legally presumed under Indiana law to be
the mother of biological origin of an adoptee;
(2) the man who is legally presumed under Indiana law to be the
father of biological origin of an adoptee; or
(3) a man who establishes paternity of a child born out of
wedlock:
(A) in a court proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
SOURCE: IC 31-9-2-54; (11)HE1201.1.6. -->
SECTION 6. IC 31-9-2-54 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 54. "Identifying
information", for purposes of IC 31-19-9-6 and IC 31-19-17 through
IC 31-19-25, IC 31-19-25.5, means:
(1) any name that a party to an adoption has used or is using;
(2) any address that a party to an adoption has used or is using;
(3) the original certificates of birth stored with the state
department of health with evidence of adoption under
IC 31-19-13-2; and
(4) any other information, except the medical history, that may
identify a person as a party to an adoption or as a birth parent, an
adoptee, or an adoptive parent.
SOURCE: IC 31-9-2-89; (11)HE1201.1.7. -->
SECTION 7. IC 31-9-2-89, AS AMENDED BY P.L.42-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 89. (a) "Person", for purposes of IC 31-19-19,
IC 31-19-22, IC 31-19-25, and the juvenile law, means:
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 44.5 of this chapter, means an
adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who is
at least twenty-one (21) years of age, a corporation, a partnership, a
voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
SOURCE: IC 31-9-2-93; (11)HE1201.1.8. -->
SECTION 8. IC 31-9-2-93, AS AMENDED BY P.L.58-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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; IC 31-19-24; and
(4) IC 31-19-25.5;
means a person who would have been a sibling of an adoptee had the
adoptee not been adopted, regardless of whether the person is born
before or after the adoptee's adoption is finalized.
SOURCE: IC 31-9-2-97.4; (11)HE1201.1.9. -->
SECTION 9. IC 31-9-2-97.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 97.4. "Professional health care provider", for
purposes of IC 31-19-22 and IC 31-19-25, has the meaning set forth
in IC 34-6-2-117.
SOURCE: IC 31-9-2-107; (11)HE1201.1.10. -->
SECTION 10. IC 31-9-2-107, AS AMENDED BY P.L.131-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 107. (a) "Relative", for purposes of IC 31-19-18,
IC 31-19-22, and IC 31-19-25, means:
(1) an adoptive or whole blood related parent;
(2) a sibling; or
(3) a child.
(b) "Relative", for purposes of IC 31-34-3, means:
(1) a maternal or paternal grandparent;
(2) an adult aunt or uncle; or
(3) any other adult relative suggested by either parent of a child.
SOURCE: IC 31-9-2-121; (11)HE1201.1.11. -->
SECTION 11. IC 31-9-2-121 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 121. "State registrar",
for purposes of IC 31-19-18 through IC 31-19-25, IC 31-19-25.5,
means the person who:
(1) is in charge of the division of the state department of health
that administers the system of vital records; and
(2) has charge of the files and records pertaining to vital records.
SOURCE: IC 31-19-9-6; (11)HE1201.1.12. -->
SECTION 12. IC 31-19-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. The individual who
or agency that arranges for the signing of a consent to adoption shall
provide each birth parent whose consent to adoption is obtained under
this chapter with the following:
(1) An explanation concerning the following:
(A) The availability of adoption history information under
IC 31-19-17 through IC 31-19-25; and IC 31-19-25.5.
(B) The birth parent's option to file a nonrelease form with the
state registrar if the birth parent seeks to restrict the release of
identifying information.
(C) That identifying information may be released unless
the birth parent files the nonrelease form with the state
registrar.
(2) A nonrelease form prescribed by the state registrar under
IC 31-19-25-4.
SOURCE: IC 31-19-13-2; (11)HE1201.1.13. -->
SECTION 13. IC 31-19-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. When a new
certificate of birth is established following adoption, the new certificate
of birth replaces the original registration of birth. The original
registration of birth shall be filed with the evidence of adoption and
withheld from inspection except:
(1) for a child adopted by a stepparent; or
(2) as provided in IC 31-19-17 through IC 31-19-24.
IC 31-19-25.5.
SOURCE: IC 31-19-18-1; (11)HE1201.1.14. -->
SECTION 14. IC 31-19-18-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The state registrar
shall administer the adoption history program provided for in this
chapter, and IC 31-19-19 through IC 31-19-23, IC 31-19-25, and
IC 31-19-25.5.
SOURCE: IC 31-19-18-2; (11)HE1201.1.15. -->
SECTION 15. IC 31-19-18-2, AS AMENDED BY P.L.58-2009,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 31-19-18-4; (11)HE1201.1.16. -->
SECTION 16. IC 31-19-18-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The state
registrar shall publicize the availability of the adoption history
information, including the availability of the information under
(1) this chapter and IC 31-19-19 through IC 31-19-24; and
IC 31-19-25.5.
(2) IC 31-19-25.
(b) The state registrar's publicity efforts must include periodic
public service announcements regarding the availability of adoption
history information.
SOURCE: IC 31-19-18-5; (11)HE1201.1.17. -->
SECTION 17. IC 31-19-18-5, AS AMENDED BY P.L.130-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. The state registrar:
(1) may adopt rules under IC 4-22-2; and
(2) shall prescribe forms necessary;
to implement this chapter, IC 31-19-12-5, and IC 31-19-19 through
IC 31-19-24. IC 31-19-25.5.
SOURCE: IC 31-19-18-6; (11)HE1201.1.18. -->
SECTION 18. IC 31-19-18-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) The adoption
history fund is established for the purpose of carrying out this chapter
and IC 31-19-19 through IC 31-19-24. IC 31-19-25.5. The state
registrar shall administer the fund.
(b) The expenses of administering the fund shall be paid from:
(1) money in the fund; or
(2) if revenues are insufficient, a supplemental appropriation.
(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 31-19-19-0.5; (11)HE1201.1.19. -->
SECTION 19. IC 31-19-19-0.5, AS ADDED BY P.L.42-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 0.5. (a) This section does not apply to a
confidential intermediary appointed under IC 31-19-24.
(b) Except as provided in subsection (c) or (d), a person that is
required to store, maintain, or release adoption records or other
adoption information under IC 31-19-12-5, IC 31-19-17, IC 31-19-18,
this chapter, or IC 31-19-20 through IC 31-19-25 IC 31-19-25.5 shall
store and maintain the adoption records or other adoption information
for at least ninety-nine (99) years after the date the adoption was filed.
Unless otherwise provided by law, the adoption records or other
adoption information may be stored and maintained in an electronic or
other format, including microfiche, microfilm, or a digital format.
(c) A person who transfers adoption records or other adoption
information to the state registrar or a transferee agency in accordance
with IC 31-19-12-5 is not required to comply with the storage or
maintenance requirements of subsection (b).
(d) A person, including a court, who obtains custody of or
jurisdiction over adoption records or other adoption information
following the dissolution, sale, transfer, closure, relocation, or death of
a person shall transfer the records or other information to the state
registrar or a transferee agency in accordance with IC 31-19-12-5,
unless the person wishes to store and maintain the records in
accordance with subsection (b).
SOURCE: IC 31-19-19-2; (11)HE1201.1.20. -->
SECTION 20. IC 31-19-19-2, AS AMENDED BY P.L.145-2006,
SECTION 254, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) All files and records
pertaining to the adoption proceedings in:
(1) the county office of family and children;
(2) the department; or
(3) any of the licensed child placing agencies;
are confidential and open to inspection only as provided in
IC 31-19-13-2(2), IC 31-19-17, or IC 31-19-25 this chapter, or
IC 31-19-20 through IC 31-19-25.5.
(b) The files and records described in subsection (a), including
investigation records under IC 31-19-8-5 (or IC 31-3-1-4 before its
repeal):
(1) are open to the inspection of the court hearing the petition for
adoption; and
(2) on order of the court, may be:
(A) introduced into evidence; and
(B) made a part of the record;
in the adoption proceeding.
SOURCE: IC 31-19-19-4; (11)HE1201.1.21. -->
SECTION 21. IC 31-19-19-4, AS AMENDED BY P.L.145-2006,
SECTION 255, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. All papers, records, and
information pertaining to the adoption, whether part of:
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or county office of family and children;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in
IC 34-6-2-117);
are confidential and may be disclosed only in accordance with
IC 31-19-17, this chapter, or IC 31-19-25, or IC 31-19-20 through
IC 31-19-25.5.
SOURCE: IC 31-19-19-5; (11)HE1201.1.22. -->
SECTION 22. IC 31-19-19-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) An employer or
any person administering adoption records who recklessly, knowingly,
or intentionally:
(1) discloses any confidential information relating to any adoption
except as provided in
(A) IC 31-19-17, this chapter, or IC 31-19-20 through
IC 31-19-24; or IC 31-19-25.5;
(B) IC 31-19-25; or
(2) allows an employee to disclose any confidential information
relating to any adoption except as provided in this chapter;
commits a Class A misdemeanor.
(b) If a public employee commits a violation described in subsection
(a), the violation is cause for discharge.
SOURCE: IC 31-19-20-4; (11)HE1201.1.23. -->
SECTION 23. IC 31-19-20-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. IC 31-19-19, this
chapter, and IC 31-19-21 through IC 31-19-24 IC 31-19-25.5 do not
restrict a provider (as defined in IC 16-18-2-295) from releasing
medical records to an attorney or agency arranging an adoption if the
provider receives the appropriate authorization under IC 16-39-1.
SOURCE: IC 31-19-21-3; (11)HE1201.1.24. -->
SECTION 24. IC 31-19-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. A holder of
information that receives a consent made under this chapter (or
IC 31-3-4-27 before its repeal) may release identifying and
nonidentifying information only in conformity with:
(1) the last version of the consent filed with the holder; and
(2) IC 31-19-22 and IC 31-19-24 through IC 31-19-25.5.
SOURCE: IC 31-19-21-6; (11)HE1201.1.25. -->
SECTION 25. IC 31-19-21-6, AS AMENDED BY P.L.145-2006,
SECTION 256, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. The following persons shall
provide for the storage and indexing of consents made under this
chapter to carry out IC 31-19-22 and IC 31-19-24 through
IC 31-19-25.5:
(1) The state registrar.
(2) The department.
(3) County offices of family and children.
(4) Licensed child placing agencies.
(5) Professional health care providers (as defined in
IC 34-6-2-117).
(6) Courts.
SOURCE: IC 31-19-21-7; (11)HE1201.1.26. -->
SECTION 26. IC 31-19-21-7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 7. The following persons shall
send a copy of a consent for the release of identifying information
and any signed writing that withdraws or modifies a consent for
the release of identifying information received by the person 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 (as defined in
IC 34-6-2-117).
(5) An attorney.
(6) A court.
SOURCE: IC 31-19-22-1; (11)HE1201.1.27. -->
SECTION 27. IC 31-19-22-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This chapter applies
to the release of identifying information. However, this chapter does
not apply to the release of identifying information to an adult adoptee
whose adoption is finalized after December 31, 1993. adoptions that
are filed before January 1, 1994.
SOURCE: IC 31-19-22-2; (11)HE1201.1.28. -->
SECTION 28. IC 31-19-22-2, AS AMENDED BY P.L.145-2006,
SECTION 257, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.
(a) Except as provided in
section 3 of this chapter and subject to subsection (b) and section
12 of this chapter, the state registrar, the department, a county office
of family and children, a licensed child placing agency, a professional
health care provider,
(as defined in IC 34-6-2-117), an attorney, and
a court shall release identifying information in the
entity's person's
possession only if:
(1) the information is requested by:
a person described in
IC 31-19-18-2(a); and
(A) an adoptee who is an adult;
(B) a birth parent;
(C) an adoptive parent;
(D) the spouse or relative of a deceased adoptee; or
(E) the spouse or relative of a deceased birth parent; and
(2) the following
persons individuals have submitted a written
consent under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to
the state registrar
or the person from whom the identifying
information is requested that allows the release of identifying
information to the
person individual requesting the information:
(A) The adult adoptee.
(B) A birth parent.
(b) Except as provided under subsection (c), if an individual
requests the release of identifying information under subsection (a)
for 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 section unless the adoptee's adoptive parent
has submitted a written consent for the release of identifying
information.
(c) 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 if the request for the release of
identifying information 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.
(d) A licensed child placing agency, a professional health care
provider, an attorney, and a court:
(1) may request that the state department of health search the
list provided under IC 31-25-2-22 to determine whether an
adoptee's name is on the list; and
(2) shall, at the time of the request, provide:
(A) the name of the adoptee at the time parental rights
were terminated; and
(B) an affidavit under penalty of perjury affirming that the
licensed child placing agency, professional health care
provider, attorney, or court is seeking information
regarding the adoptee for the purpose of providing
identifying information under this chapter.
(e) Not later than five (5) days after the state department of
health receives a request and an affidavit under subsection (d), the
state department of health shall submit an affidavit to the child
placing agency, professional health care provider, attorney, or
court verifying whether the adoptee's name is on the list provided
to the state department of health under IC 31-25-2-22.
SOURCE: IC 31-19-22-3; (11)HE1201.1.29. -->
SECTION 29. IC 31-19-22-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The consent of
a birth parent is not required for release of identifying information
under this chapter if an affidavit the individual requesting the release
of the 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 a birth parent is deceased is submitted to the
releasing agency that avers that person releasing the identifying
information for each birth parent who is named on the adoptee's
original birth certificate. is deceased.
(b) 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) the death certificate of the adoptee;
(2) an obituary for the adoptee; 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.
SOURCE: IC 31-19-22-4; (11)HE1201.1.30. -->
SECTION 30. IC 31-19-22-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. Whenever If an
adoptee or a birth parent individual submits a written consent request
for the release of identifying information under IC 31-19-21 (or
IC 31-3-4-27 before its repeal), under section 2 of this chapter, the
state registrar may shall search the death certificates in the state
registrar's possession regarding the related adoptee or a birth parent:
(1) who has not submitted a consent for the release of information
under IC 31-19-21; and
(2) whose consent is necessary before identifying information
may be released to the adoptee or birth parent who has submitted
the written consent. individual.
SOURCE: IC 31-19-22-6; (11)HE1201.1.31. -->
SECTION 31. IC 31-19-22-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. If, upon searching
the death certificates under section 4 of this chapter, the state registrar
finds that the adoptee or birth parent who has not yet submitted a
written consent is deceased, the state registrar shall inform the related
adoptee or birth parent individual who submitted the written consent
request under IC 31-19-21 (or IC 31-3-4-27 before its repeal), of the
death and:
(1) may not release identifying information if additional consent
is required by this chapter; and
(2) may release identifying information if additional consent is
not required by this chapter.
SOURCE: IC 31-19-22-7; (11)HE1201.1.32. -->
SECTION 32. IC 31-19-22-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. An
adoptee or a birth
parent who submits a written consent for the release of identifying
information under IC 31-19-21 (or IC 31-3-4-27 before its repeal),
individual listed in section 2(a)(1) of this chapter may contact the:
(1) attorney;
(2) licensed child placing agency; or
(3) county office of family and children;
who arranged the adoption to request that the attorney, agency, or
county office of family and children contact the adoptee, or birth
parent, or adoptive parent whose consent is necessary before
identifying information may be released under this chapter.
SOURCE: IC 31-19-22-7.5; (11)HE1201.1.33. -->
SECTION 33. IC 31-19-22-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7.5. 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 7 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.
SOURCE: IC 31-19-22-8; (11)HE1201.1.34. -->
SECTION 34. IC 31-19-22-8, AS AMENDED BY P.L.58-2009,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) Except as provided in section 7.5 of this
chapter and subject to section 12 of this chapter, an attorney, a
licensed child placing agency, or a county office of family and children
who contacts an adoptee, or a birth parent, or an adoptive parent upon
a request under section 7 of this chapter may not disclose identifying
information 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.
(b) If: both
(1) the:
(A) adoptee who is at least twenty-one (21) years of age; or
(B) adoptive parent of an adoptee who is less than
twenty-one (21) years of age; and
(2) the birth parent;
consent to the release of identifying information but do not provide the
consent in writing, the attorney, licensed child placing agency, or
county office of family and children may inform the adoptee or the
birth parent individual requesting the identifying information
regarding the fact that an adoptee, or a birth parent, or adoptive
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, 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 31-19-21, this chapter, and IC 31-19-23
through IC 31-19-24, and IC 31-19-25.5.
SOURCE: IC 31-19-22-10; (11)HE1201.1.35. -->
SECTION 35. IC 31-19-22-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. This chapter does
not prohibit an adoptee who is at least twenty-one (21) years of age
from having access to identifying information as provided by
IC 31-19-25 and IC 31-19-25.5.
SOURCE: IC 31-19-22-11; (11)HE1201.1.36. -->
SECTION 36. IC 31-19-22-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) An attorney,
a licensed child placing agency, or a county office of family and
children may charge a reasonable fee for services performed or
actual expenses incurred under section 8 of this chapter.
(b) Licensed child placing agencies and professional health care
providers The following persons may charge a reasonable fee for
actual expenses incurred to comply in complying with this chapter and
IC 31-19-23:
(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.
SOURCE: IC 31-19-22-12; (11)HE1201.1.37. -->
SECTION 37. IC 31-19-22-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) An attorney may release
identifying information under this chapter only if the client
represented by the attorney in the adoption has submitted a
written consent to the release of identifying information to the
individual requesting the release of 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.
SOURCE: IC 31-19-24-1; (11)HE1201.1.38. -->
SECTION 38. IC 31-19-24-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Any interested
person may file a petition with any court with probate jurisdiction in
Indiana requesting the release of:
(1) medical information
(2) nonidentifying information; or
(3) identifying information.
that is not available through the state registrar
or not allowed to be
released by the state registrar.
(b) The contents of a petition must include to the best knowledge of
the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or congenital;
or
(iii) why the information to be sought or shared is necessary
for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or nonidentifying
information is sought, that sets forth the reasons why the
release of the information may be beneficial to the welfare of
the adoptee or birth parent; and
(C) that the medical, identifying, or nonidentifying information
sought:
(i) is not available through the state registrar; or
(ii) is not allowed to be released by the state registrar.
(10) A statement by the petitioner that the petitioner agrees to the
payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed under
section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney, a
child placing agency, or a professional health care provider (as
defined in IC 34-6-2-117) that is requested to search its
records and release information under sections 2 through 11 of
this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought.
SOURCE: IC 31-19-24-2; (11)HE1201.1.39. -->
SECTION 39. IC 31-19-24-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Upon the filing of a
petition under section 1 of this chapter, the court shall:
(1) establish that the state registrar:
(A) has been served with notice of the petitioner's request for
disclosure of information; and
(B) has been afforded the opportunity to respond to the
petitioner's request for disclosure of information; and
(2) appoint a confidential intermediary after consultation with the
state registrar or the state registrar's designee if the:
(A) requirements of subdivision (1) are complied with; and
(B) petitioner has shown:
(i) an emergency medical need;
or
(ii) good cause relating to the welfare of the adoptee or the
birth parent;
(iii) an interest in having contact with a pre-adoptive
sibling; or
(iv) if the petitioner is a pre-adoptive sibling, an interest
in having contact with an adoptee.
A confidential intermediary appointed under subdivision (2) may be
any person who the court reasonably believes is competent to carry out
the responsibilities described in section 3 of this chapter and meets the
qualifications under section 14 of this chapter.
SOURCE: IC 31-19-24-3; (11)HE1201.1.40. -->
SECTION 40. IC 31-19-24-3, AS AMENDED BY P.L.145-2006,
SECTION 259, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3. Whenever the court appoints a
confidential intermediary under section 2(2) of this chapter, the court
shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents,
and adoptees,
and
pre-adoptive siblings;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee,
or both,
or a pre-adoptive sibling that may arise if appropriate
consideration is not given to the issues described in clauses
(A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain records
that may include:
(A) the division of public health statistics;
(B) the department or county office of family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the medical,
identifying, or nonidentifying information is being sought, such
as providing that the confidential intermediary may only inform
the person of the existence of the adoption history program
administered by the state registrar under
IC 31-19-18 through
IC 31-19-23, this chapter,
and IC 31-19-25,
and IC 31-19-25.5.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search under
this chapter from resulting in harm to a birth parent,
or an
adoptee,
or a pre-adoptive sibling.
(5) Require the confidential intermediary to affirm under oath that
the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2 through
11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible.
SOURCE: IC 31-19-25-2; (11)HE1201.1.41. -->
SECTION 41. IC 31-19-25-2, AS AMENDED BY P.L.145-2006,
SECTION 260, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) An adoptee who is at least
twenty-one (21) years of age The following may request the release of
identifying information: by submitting a written request to the state
registrar:
(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, through 10 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; (as defined in
IC 34-6-2-117);
(6) the attorney who arranged the adoption; and
(7) a court;
shall release identifying information in the possession of the registrar,
agency, professional health care provider, or court to an adoptee.
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.
SOURCE: IC 31-19-25-2.5; (11)HE1201.1.42. -->
SECTION 42. IC 31-19-25-2.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
(b) 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 if the request for the release of
identifying information 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.
(c) A licensed child placing agency, a professional health care
provider, an attorney, and a court:
(1) may request that the state department of health search the
list provided under IC 31-25-2-22 to determine whether an
adoptee's name is on the list; and
(2) shall, at the time of the request, provide:
(A) the name of the adoptee at the time parental rights
were terminated; and
(B) an affidavit under penalty of perjury affirming that the
licensed child placing agency, professional health care
provider, attorney, or court is seeking information
regarding the adoptee for the purpose of providing
identifying information under this chapter.
(d) Not later than five (5) days after the state department of
health receives a request and affidavit under subsection (c), the
state department of health shall submit an affidavit to the child
placing agency, professional health care provider, attorney, or
court verifying whether the adoptee's name is on the list provided
under IC 31-25-2-22.
SOURCE: IC 31-19-25-3; (11)HE1201.1.43. -->
SECTION 43. IC 31-19-25-3, AS AMENDED BY P.L.58-2009,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) An adoptee's 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 section. 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.
(b) (c) Except as provided in sections 15 and 17 of this chapter,
the following persons may not release any identifying information
concerning the a birth parent to the adoptee 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.
(6) The attorney who arranged the adoption.
(6) (7) A court.
(c) (d) Except as provided in subsection (f), the nonrelease form
filed under this section:
(1) remains in effect during the period indicated by the person
individual submitting the form;
(2) is renewable; and
(3) may be withdrawn at any time by the person individual who
submitted the form.
(d) (e) 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.
(f) A nonrelease form is no longer in effect if the birth parent
who filed the nonrelease form is deceased unless the nonrelease
form specifically states that the nonrelease form remains in effect
after the birth parent's death.
SOURCE: IC 31-19-25-3.5; (11)HE1201.1.44. -->
SECTION 44. IC 31-19-25-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-4; (11)HE1201.1.45. -->
SECTION 45. IC 31-19-25-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 person 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.
SOURCE: IC 31-19-25-12; (11)HE1201.1.46. -->
SECTION 46. IC 31-19-25-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. The state registrar
may contact a person an individual who submits a request form or
nonrelease form that is incorrectly or incompletely executed to inform
the person individual regarding the error in the execution of the form.
SOURCE: IC 31-19-25-15; (11)HE1201.1.47. -->
SECTION 47. IC 31-19-25-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-16; (11)HE1201.1.48. -->
SECTION 48. IC 31-19-25-16 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 31-19-25-17; (11)HE1201.1.49. -->
SECTION 49. IC 31-19-25-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-18; (11)HE1201.1.50. -->
SECTION 50. IC 31-19-25-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-18.5; (11)HE1201.1.51. -->
SECTION 51. IC 31-19-25-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-19; (11)HE1201.1.52. -->
SECTION 52. IC 31-19-25-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-20; (11)HE1201.1.53. -->
SECTION 53. IC 31-19-25-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25-21; (11)HE1201.1.54. -->
SECTION 54. IC 31-19-25-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 31-19-25.5; (11)HE1201.1.55. -->
SECTION 55. IC 31-19-25.5 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Chapter 25.5. Requests for Information Concerning
Pre-Adoptive Siblings
Sec. 1. Except as provided under sections 6 and 7 of this chapter,
this chapter applies to:
(1) adoptees; and
(2) pre-adoptive siblings;
who are at least twenty-one (21) years of age.
Sec. 2. (a) An adoptee may submit a written request to the state
registrar that includes the following:
(1) A statement that the adoptee has an interest in having
contact with any pre-adoptive siblings of the adoptee.
(2) A statement that authorizes the state registrar to release
the name and present location of the adoptee to any
pre-adoptive sibling of the adoptee who submits a similar
request.
(b) A pre-adoptive sibling of an adoptee may submit a written
request to the state registrar that includes the following:
(1) A statement that the pre-adoptive sibling has an interest
in having contact with the adoptee.
(2) A statement that authorizes the state registrar to release
the name and present location of the pre-adoptive sibling to
the adoptee if the adoptee has submitted a similar request.
Sec. 3. (a) If an adoptee submits a written request to the state
registrar under section 2 of this chapter, the state registrar shall
determine whether the pre-adoptive sibling of the adoptee has
submitted a similar request.
(b) If a pre-adoptive sibling of an adoptee submits a written
request to the state registrar under section 2 of this chapter, the
state registrar shall determine whether an adoptee has submitted
a similar request.
Sec. 4. (a) This section applies to adoptions that are filed before
January 1, 1994.
(b) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of a pre-adoptive
sibling to an adoptee who submits a written request under section
2 of this chapter if the following requirements are satisfied:
(1) The pre-adoptive sibling of the adoptee has submitted a
written request under section 2 of this chapter.
(2) Each birth parent who is listed on the adoptee's original
birth certificate has submitted a written consent for release of
identifying information under IC 31-19-21.
(c) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of an adoptee to a
pre-adoptive sibling of the adoptee who submits a written request
under section 2 of this chapter if the following requirements are
satisfied:
(1) The adoptee has submitted a written request under section
2 of this chapter.
(2) Each birth parent who is listed on the adoptee's original
birth certificate has submitted a written consent for release of
identifying information under IC 31-19-21.
(d) The consent of a birth parent is not required for the release
of information under this section if a person who submits a request
under section 2 of this chapter provides:
(1) a death certificate;
(2) an obituary; or
(3) any other form of evidence approved by the state
department of health;
indicating that a birth parent is deceased to the state registrar for
each birth parent who is named on the adoptee's original birth
certificate.
(e) The state registrar shall search the death certificates in the
state registrar's possession regarding a birth parent if an adoptee
and a pre-adoptive sibling of the adoptee have submitted written
requests to be in contact. If the state registrar determines that a
birth parent is deceased, the consent of the birth parent who is
deceased is not required for the release of the information under
this section.
(f) If the state registrar is prohibited under this section from
releasing the name and address of a pre-adoptive sibling or an
adoptee, the state registrar shall provide information on requesting
the release of adoption information under IC 31-19-24 to the
adoptee or pre-adoptive sibling requesting the release of the
information.
Sec. 5. (a) This section applies to adoptions that are filed after
December 31, 1993.
(b) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of a pre-adoptive
sibling to an adoptee who submits a written request under section
2 of this chapter if:
(1) the pre-adoptive sibling of the adoptee has submitted a
written request under section 2 of this chapter; and
(2) a birth parent has not filed a written nonrelease form with
the state registrar under IC 31-19-25.
(c) Except as provided under subsections (d) and (e), the state
registrar shall release the name and address of an adoptee to a
pre-adoptive sibling of the adoptee who submits a written request
under section 2 of this chapter if:
(1) the adoptee has submitted a written request under section
2 of this chapter; and
(2) a birth parent has not filed a written nonrelease form with
the state registrar under IC 31-19-25.
(d) Except as provided under subsection (g), the state registrar
shall release information under this section if:
(1) both the adoptee and pre-adoptive sibling of the adoptee
have submitted requests under section 2 of this chapter; and
(2) the adoptee or pre-adoptive sibling who requested
information under section 2 of this chapter submits:
(A) a death certificate;
(B) an obituary; or
(C) any other form of evidence approved by the state
department of health;
indicating that a birth parent is deceased to the state registrar
for each birth parent who is named on the adoptee's original
birth certificate.
(e) The state registrar shall search the death certificates in the
state registrar's possession regarding a birth parent if:
(1) an adoptee and a pre-adoptive sibling of the adoptee have
submitted written requests to be in contact; and
(2) a birth parent has filed a nonrelease form under
IC 31-19-25.
(f) Except as provided under subsection (g), if, upon searching
the death certificates under subsection (e), the state registrar finds
that a birth parent is deceased, the state registrar shall:
(1) inform the adoptee and pre-adoptive sibling of the death;
and
(2) release the information if additional consent is not
required by this chapter.
(g) The state registrar may not release information under this
section to an adoptee or pre-adoptive sibling if:
(1) additional consent is required under this chapter; or
(2) a nonrelease form submitted by a birth parent specifically
states that the nonrelease form shall remain in effect after the
birth parent's death.
(h) If the state registrar is prohibited from releasing the name
and address of the pre-adoptive sibling under this section, the state
registrar shall provide information on requesting the release of
adoption information under IC 31-19-24 to the adoptee or
pre-adoptive sibling.
Sec. 6. (a) If:
(1) an adoptee submits a request under section 2 of this
chapter; and
(2) the pre-adoptive sibling of the adoptee is less than
twenty-one (21) years of age;
the state registrar shall notify the adoptee if the pre-adoptive
sibling has been located and provide information on requesting the
release of adoption information under IC 31-19-24 to the adoptee.
However, the state registrar may not release the name or address
of the pre-adoptive sibling to the adoptee.
(b) If:
(1) a pre-adoptive sibling submits a request under section 2 of
this chapter; and
(2) the adoptee is less than twenty-one (21) years of age;
the state registrar shall notify the pre-adoptive sibling if the
adoptee has been located and provide information on requesting
the release of adoption information under IC 31-19-24 to the
pre-adoptive sibling. However, the state registrar may not release
the name or address of the adoptee to the pre-adoptive sibling.
Sec. 7. (a) The adoptive parents of an adoptee who is less than
twenty-one (21) years of age may submit a written request for
information concerning the identity and present location of any
pre-adoptive siblings of the adoptee.
(b) The state registrar shall release information concerning the
name and present location of an adult pre-adoptive sibling to the
adoptive parents if the pre-adoptive sibling submitted a written
request under section 2 of this chapter.
(c) If a pre-adoptive sibling has not submitted a request under
section 2 of this chapter, the state registrar shall do the following:
(1) Search the sealed adoption records for information
concerning the pre-adoptive sibling.
(2) Release information to the adoptive parents only if the
pre-adoptive sibling is at least twenty-one (21) years of age
and consents to the release of the information.
(d) If a pre-adoptive sibling is less than twenty-one (21) years of
age, the state registrar shall provide information on requesting the
release of adoption information under IC 31-19-24 to the adoptive
parents.
Sec. 8. (a) The state registrar shall notify an adoptee who has
submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate a
pre-adoptive sibling; or
(2) a pre-adoptive sibling is deceased and had not submitted
a request under section 2 of this chapter.
The state registrar shall provide information to the adoptee on
requesting the release of adoption information under IC 31-19-24.
However, the state registrar may not release any information that
may identify the pre-adoptive sibling under this section.
(b) The state registrar shall notify a pre-adoptive sibling who
has submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate an
adoptee; or
(2) an adoptee is deceased and had not submitted a request
under section 2 of this chapter.
The state registrar shall provide information to the pre-adoptive
sibling on requesting the release of adoption information under
IC 31-19-24. However, the state registrar may not release any
information that may identify the adoptee under this section.
Sec. 9. A person may withdraw a:
(1) request by the person submitted under section 2 of this
chapter; or
(2) consent by the person for the release of information under
this chapter;
by submitting to the state registrar a statement signed by the
person withdrawing the request or consent.
Sec. 10. The state registrar may contact a person who submits
a request or consent under this chapter that is incorrectly or
incompletely executed to inform the person regarding the error in
the execution of the request or consent.
Sec. 11. The state department of health may charge a reasonable
fee for actual expenses incurred in complying with this chapter.
SOURCE: IC 31-25-2-22; (11)HE1201.1.56. -->
SECTION 56. IC 31-25-2-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 22. (a) The department shall, at
least one (1) time each month, provide to the state department of
health a list containing the names and dates of birth of children
identified in the records of the department to whom all of the
following apply:
(1) The parent-child relationship between the child and a
birth parent was terminated under IC 31-35 or IC 31-6-5-1
(before its repeal).
(2) The child is less than twenty-one (21) years of age.
(3) The name of the child has not been included previously in
a list provided to the department of health under this section.
(b) The department shall provide the list described under
subsection (a) through electronic means agreed to by the
department and the state department of health.
SOURCE: IC 31-19-22-5; IC 31-19-22-9; IC 31-19-25-6; IC 31-19-
25-7; IC 31-19-25-8; IC 31-19-25-9; IC 31-19-25-10; IC 31-19-25-14.
; (11)HE1201.1.57. -->
SECTION 57. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 31-19-22-5; IC 31-19-22-9; IC 31-19-25-6;
IC 31-19-25-7; IC 31-19-25-8; IC 31-19-25-9; IC 31-19-25-10;
IC 31-19-25-14.
HEA 1201 _ Concur
Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned