January 11, 2012
HOUSE BILL No. 1019
DIGEST OF HB 1019
(Updated January 11, 2012 12:13 pm - DI 107)
Citations Affected: IC 31-9; IC 31-19.
Synopsis: Adoption history information. Allows a relative of an
adoptee or a pre-adoptive sibling to obtain medical history information
and to file a petition with an appropriate court to request the release of
medical information, nonidentifying information, or identifying
information. Requires that a petition requesting release of medical,
nonidentifying, or identifying information must include the reasons
why the release of information may be beneficial to the interested
person. (Current law requires that the petition must include reasons
why the release of information may be beneficial to the adoptee or birth
parent.) Requires the court to appoint a confidential intermediary if
certain requirements are met and the petitioner has shown an
emergency medical need or good cause relating to the welfare of an
adoptee, a birth parent, an adoptive parent, a relative of a birth parent,
a relative of an adoptive parent, a relative of an adoptee, a pre-adoptive
sibling, the department of child services or a county office of family
and children, an adoption agency, or a court. (Current law requires the
court to appoint a confidential intermediary if certain requirements are
met and the petitioner has shown an emergency medical need or good
cause relating to the welfare of an adoptee or birth parent.)
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Family, Children and Human
January 11, 2012, amended, reported _ Do Pass.
January 11, 2012
Second Regular Session 117th General Assembly (2012)
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between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1019
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 31-9-2-64; (12)HB1019.1.1. -->
SECTION 1. IC 31-9-2-64, AS AMENDED BY P.L.145-2006,
SECTION 198, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 64. "Interested person", for
purposes of IC 31-19-20 and IC 31-19-24, means any of the following:
(1) An adoptee.
(2) A birth parent.
(3) An adoptive parent.
(4) A relative of a birth parent.
(5) A relative of an adoptive parent.
(6) A relative of an adoptee.
(7) A pre-adoptive sibling (as defined in section 93 of this
(6) (8) The department or a county office of family and children.
(7) (9) An adoption agency.
(8) (10) A court.
SOURCE: IC 31-19-24-1; (12)HB1019.1.2. -->
SECTION 2. IC 31-19-24-1, AS AMENDED BY P.L.191-2011,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Any interested person may file a petition
with any court with probate jurisdiction in Indiana requesting the
(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;
(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
(8) The nature of the:
(B) identifying; or
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;
(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; any interested person; and
(C) that the medical, identifying, or nonidentifying information
(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
(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
(11) A description of the medical, identifying, or nonidentifying
information being sought.
SOURCE: IC 31-19-24-2; (12)HB1019.1.3. -->
SECTION 3. IC 31-19-24-2, AS AMENDED BY P.L.191-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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; any interested person.
(iii) an interest in having contact with a pre-adoptive sibling;
(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.