2006 Indiana Code - CHAPTER 22. RELEASE OF IDENTIFYING INFORMATION
IC 31-19-22Chapter 22. Release of Identifying Information
IC 31-19-22-1
Application of chapter; exception
31-19-22-1 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-2
Requirements for release of identifying information
31-19-22-2 Sec. 2. 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), and
a court shall release identifying information in the entity's possession
only if:
(1) the information is requested by a person described in
IC 31-19-18-2(a); and
(2) the following persons have submitted a written consent
under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to the
state registrar that allows the release of identifying information
to the person requesting the information:
(A) The adult adoptee.
(B) A birth parent.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.161;
P.L.145-2006, SEC.257.
IC 31-19-22-3
Consent of birth parent; affidavit
31-19-22-3 Sec. 3. The consent of a birth parent is not required for
release of information under this chapter if an affidavit is submitted
to the releasing agency that avers that each birth parent who is named
on the adoptee's original birth certificate is deceased.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-4
Search of death certificates
31-19-22-4 Sec. 4. Whenever an adoptee or a birth parent submits
a written consent for release of identifying information under
IC 31-19-21 (or IC 31-3-4-27 before its repeal), the state registrar
may 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-5
Request by adoptee or birth parent for search of death records
31-19-22-5 Sec. 5. An adoptee or a birth parent who submits a
written request for the release of identifying information under
IC 31-19-21 may request that the state registrar search the death
certificates in the state registrar's possession dating back to any
period specified by the adoptee or birth parent.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-6
Deceased nonconsenting adoptee or birth parent; release of
identifying information
31-19-22-6 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 who
submitted the written consent 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-7
Request for contact of adoptee or birth parent
31-19-22-7 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), 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 whose consent is necessary before identifying information
may be released under this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-8
Contact of adoptee or birth parent
31-19-22-8 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, 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-9
Fees and expenses for contacting adoptee or birth parent
31-19-22-9 Sec. 9. 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-10
Access to information by adoptee
31-19-22-10 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-22-11
Fee for expenses of compliance with chapter
31-19-22-11 Sec. 11. Licensed child placing agencies and
professional health care providers may charge a reasonable fee for
actual expenses incurred to comply with this chapter and
IC 31-19-23.
As added by P.L.1-1997, SEC.11.
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