2011 Hawaii Code
DIVISION 3. PROPERTY; FAMILY
TITLE 31. FAMILY
§578-14.5 Medical information on the natural parents of the adopted minor child.
§578-14.5 Medical information on the natural parents of the adopted minor child. (a) The department of health shall prepare a standard form entitled, "medical information form", for the purpose of perpetuating medical information on the natural parents of the adopted minor child. This form shall include a request for any information relating to the adopted child's potential genetic or other inheritable diseases or afflictions, including but not limited to known genetic disorders, inheritable diseases, and similar medical histories, if known, of the parents of the natural parents. The department of health shall make these forms available to all affected public agencies, all child placing organizations approved by the department of human services under section 346-17, attorneys, and other private individuals assisting the natural or adoptive parents in the adoption process, and the family court.
(b) All affected public agencies and all child placing organizations approved by the department of human services under section 346-17 shall make reasonable efforts to complete this form with medical information on both natural parents, to obtain from the natural parents written consent to the release of this information to or for the benefit of the adopted child, and whenever possible, to obtain from the natural mother a signed release to receive a copy of all of her medical records, relating to the birth of the adopted child, which are within the possession of the hospital or other facility at which the child was born. When applicable, the family court may require the petitioner or the petitioner's agent in the adoption proceeding to obtain this completed form from the natural parents with their consents and the signed release from the natural mother.
(c) Whenever possible, a completed form with the required information on each natural parent shall accompany any document, to be filed with the family court, which requests the relinquishment, termination, or divestiture of parental rights, as provided under sections 571-61 and 587A-31, and the petition for adoption under this chapter. If available, a copy of the hospital or other facility's medical records under subsection (b) shall also accompany the document to be filed in the family court. This copy shall not be disseminated to the parties and shall be sealed by the family court pending transmittal to the department of health.
(d) For good cause shown, the family court may waive the requirement in subsection (c).
(e) If the natural parents have been court ordered to complete the forms required in subsection (c) pursuant to section 587A-28(e)(6), and have either failed to complete the forms or have failed to return the completed forms to the department of human services, the requirement in subsection (c) shall be waived.
(f) The completed forms shall be made a part of the records of the department of health.
(g) The completed forms and, if applicable, the previously sealed copy of the natural mother's medical records shall be forwarded to the department of health. The department shall extract from the medical records pertinent information relating to inheritable diseases and genetic disorders and shall retain this information in an abstract. The completed forms and the abstract, if available, shall be included in the department's adoption records.
(h) An adopted child upon reaching the age of majority, the adoptive parent, guardian, or custodian on behalf of a minor adopted child, or an authorized designee of the adult adopted child or of the minor's adoptive parent may file a written application with the department of health for access to the information described in subsection (g).
(i) Upon the filing of the application in subsection (h), the department of health shall furnish the applicant with a copy of the completed forms and, if available, the abstract of pertinent information from the natural mother's medical records. The department is authorized to disclose the information under this subsection without prior court approval, notwithstanding section 338-20(e).
Nothing in this section shall be construed or applied in any manner to require any public agency or child placing organization to reveal the identities of the natural parents without their consents. [L 1988, c 274, §1; am L 1991, c 148, §§1, 2; am L 2001, c 67, §1; am L 2010, c 135, §6]
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