(a)
- (1) In this section the following words have the meanings indicated.
- (2) “Director” means the State Director of Social Services.
- (3) “Secretary” means the Secretary of Health.
- (b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.
(c) This section does not bar:
- (1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or
- (2) the Director or a confidential intermediary from obtaining a copy of a record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.
(d)
(1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:
- (i) the adoptee's original certificate of birth;
- (ii) all records that relate to the adoptee's new certificate of birth, if any; and
- (iii) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:
- (i) the adoptee's original certificate of birth;
- (ii) the new certificate of birth, if any, that was substituted, under § 4-211 of the Health--General Article, for the adoptee's original certificate of birth;
- (iii) all records that relate to the adoptee's new certificate of birth; and
- (iv) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(3) Each applicant under this subsection shall:
- (i) provide all proof of identity and other relevant information that the Secretary requires; and
- (ii) pay the fee required under Title 4, Subtitle 2 of the Health--General Article for a copy of a record.
(e)
(1) A biological parent may:
- (i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;
- (ii) cancel a disclosure veto at any time; and
- (iii) refile a disclosure veto at any time.
(2) An adoptee 21 years old may:
- (i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;
- (ii) cancel a disclosure veto at any time; and
- (iii) refile a disclosure veto at any time.
- (3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.
(f)
- (1) The Secretary shall adopt regulations to carry out this section.
- (2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:
- (i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and
- (ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.
- (4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section.
- (5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.
Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2017, c. 62, § 6.