2011 Vermont Code
Title 15A Adoption Act
Article 6 RECORDS OF ADOPTION PROCEEDING; RETENTION, CONFIDE
§ 112 Action for disclosure of information

§ 6-112. Action for disclosure of information

(a) A person denied disclosure of information under section 6-104, subdivision 6-105(b)(1) or (2), or section 6-107 of this title may file a petition in the court to obtain the information being sought.

(b) In determining whether to grant a petition under this section, the court shall review the records of the relevant proceeding for adoption and shall make specific findings concerning:

(1) the reasons the information is sought;

(2) whether the individual about whom information is sought has filed a request for nondisclosure under section 6-106 of this title or any other kind of document requesting that his or her identity not be disclosed, has not filed any document, or has otherwise indicated a preference regarding the disclosure of his or her identity;

(3) if known, whether the individual about whom information is sought is alive;

(4) whether it is possible to satisfy the petitioner's request without disclosing the identity of another individual;

(5) the expressed needs of the adoptee including the emotional and mental health needs of the adoptee.

(c) Before making a determination under this section the court shall make a reasonable effort to confidentially contact the person whose identity is being sought in order to determine that person's response to the petition and shall consider any response in reaching its decision.

(d) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and there is no request for nondisclosure filed under section 6-106 or any other kind of document in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall order disclosure of the requested information if the court finds by a preponderance of the evidence that disclosure is in the best interest of the petitioner and that disclosure is unlikely to cause harm to the person whose identity is being sought.

(e) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and a request for nondisclosure was filed under section 6-106 or any kind of document was filed in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall not make a search under subsection (c) of this section and shall not order the disclosure of the requested information except for compelling reasons. (Added 1995, No. 161 (Adj. Sess.), § 1.)