Legislative findings; purpose; release of information

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A. Adoption is based upon the legal termination of parental rights and responsibilities of biological parents and the creation of the relationship of parent and child between an adopted person and his adoptive parents. These legal and social premises underlying adoption shall be maintained.

(1) The legislature recognizes that some adults, adopted as children, have a strong interest in identifying information about their biological parents or biological siblings, or both, while other such adult adopted persons have no such interest.

(2) The legislature further recognizes that some biological parents and biological siblings have a strong interest in identifying information about their biological children or siblings who were surrendered for adoption, while others have no such interest.

(3) The legislature also recognizes the potential for special situations whereby other adoptive and biological relatives of an adopted person, such as a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent and an adoptive parent of a minor or deceased adopted person as well as a descendant of a deceased adopted person, or his parent if a minor, may have a need for identifying information.

(4) The legislature fully recognizes the right to privacy and confidentiality of biological parents whose children were adopted, siblings, adopted persons, and the adoptive family.

B. There is hereby created within the office of children and family services of the Department of Children and Family Services a voluntary registry for the matching of adopted persons, or an adoptive parent of a minor or deceased adopted person, or a descendant of a deceased adopted person, or his parent if a minor, and biological parents or siblings, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent. The purpose of this registry shall be to facilitate voluntary contact between the adopted person, or an adoptive parent of a minor or deceased adopted person, or the descendant of a deceased adopted person, or his parent if a minor, and a biological parent or biological sibling, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent.

C. The use of the registry shall be limited to the adopted person who is at least eighteen years of age, the biological mother, the biological father, parents or siblings or a descendant, or his parent if a minor, of a deceased biological parent, an adoptive parent of a minor or deceased adopted person or a descendant of a deceased adopted person, or his parent if a minor, and any biological sibling who is at least eighteen years of age.

D. No registration by an adopted person shall be permitted until all biological siblings who were adopted by the same adoptive parent or parents have reached the age of eighteen years.

E. The office of children and family services shall not release any registry information in violation of this Chapter.

F. The office of children and family services shall confirm for an adopted person the fact of his adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known. To receive this information, the adopted person shall be eighteen years of age or older, provide proof of identity, and submit a written request.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 715, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.


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