Ind. Code § 31-19-22-2

Requirements for release of identifying information; release prohibited; request information; affidavit

As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.161; P.L.145-2006, SEC.257; P.L.191-2011, SEC.28; P.L.128-2012, SEC.67.

Note: This version of section effective until 7-1-2018. See also following repeal of this chapter, effective 7-1-2018.

Sec. 2. (a) Except as provided in section 3 of this chapter and subject to subsection (b) and section 12 of this chapter, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court shall release identifying information in the person's possession only if:

  1. (1) the information is requested by:

    1. (A) an adoptee who is an adult;
    2. (B) a birth parent;
    3. (C) an adoptive parent;
    4. (D) the spouse or relative of a deceased adoptee; or
    5. (E) the spouse or relative of a deceased birth parent; and
  2. (2) the following individuals have submitted a written consent under IC 31-19-21 (or IC 31-3-4-27 before its repeal) to the state registrar or the person from whom the identifying information is requested that allows the release of identifying information to the individual requesting the information:

    1. (A) The adult adoptee.
    2. (B) A birth parent.
    3. (b) Except as provided under subsection (c), if an individual requests the release of identifying information under subsection (a) for an adoptee who is less than twenty-one (21) years of age, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this section unless the adoptee's adoptive parent has submitted a written consent for the release of identifying information.
    4. (c) The state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter if the request for the release of identifying information involves an adoptee to whom both of the following apply:

      1. (1) The adoptee is less than twenty-one (21) years of age.
      2. (2) The adoptee's name is on the list provided to the state department of health under IC 31-25-2-22 .
    5. (d) A licensed child placing agency, a professional health care provider, an attorney, and a court:

      1. (1) may request that the state department of health search the list provided under IC 31-25-2-22 to determine whether an adoptee's name is on the list; and
      2. (2) shall, at the time of the request, provide:

        1. (A) the name of the adoptee at the time parental rights were terminated; and
        2. (B) an affidavit under penalty of perjury affirming that the licensed child placing agency, professional health care provider, attorney, or court is seeking information regarding the adoptee for the purpose of providing identifying information under this chapter.
    6. (e) Not later than five (5) days after the state department of health receives a request and an affidavit under subsection (d), the state department of health shall submit an affidavit to the child placing agency, professional health care provider, attorney, or court verifying whether the adoptee's name is on the list provided to the state department of health under IC 31-25-2-22 .

      [Pre-1997 Recodification Citation: 31-3-4-28(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.161; P.L.145-2006, SEC.257; P.L.191-2011, SEC.28; P.L.128-2012, SEC.67.

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