When the agency receives information about a medical or genetic condition that has affected or may affect the physical or mental health of genetically related persons, the agency shall make a diligent effort to contact those persons in order to transmit the health information.
Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 259.83; 259.89
Agencies shall provide assistance and counseling services when the adoptive parents, birth parents, or adoptee who is age 19 or older request current information. The agency shall contact the other adult persons or the adoptive parents of a minor child in a personal and confidential manner to determine whether there is a desire to share information or to have contact. The agency shall provide services to adult genetic siblings if there is no known violation of the confidentiality of a birth parent or if the birth parent gives written consent. The adoptee must also be advised of other siblings who were adopted or relinquished to the commissioner but not adopted.
In adoptive placements made on and after 8-1-1982, the agency shall obtain from the birth parents an affidavit attesting that:
Upon receipt of a death record for the birth parent, the agency shall release the identifying information to the adoptee if requested.
Access to Original Birth Certificate
Citation: Ann. Stat. § 259.89
An adoptee who is age 19 or older may request the Commissioner of Health to disclose the information on the adoptee's original birth record. Within 5 days, the commissioner shall notify the Department of Human Services or child-placing agency of the request. Within 6 months after receiving the request, the department or agency shall make reasonable efforts to notify each birth parent.
If the department is unable to notify a parent identified on the original birth record within 6 months, and if neither parent has at any time filed an unrevoked consent to disclosure, the information may be disclosed as follows:
If either birth parent has ever filed with the commissioner an unrevoked affidavit stating that the information on the original birth record should not be disclosed, the commissioner shall not disclose the information until the affidavit is revoked by the filing of a consent to disclosure by that parent.
If a parent named on the original birth record has died, and at any time prior to the death the parent has filed an unrevoked affidavit stating that the information not be disclosed, the adoptee may petition the court of original jurisdiction of the adoption proceeding for disclosure.The State Registrar shall provide a copy of an adoptee's original birth record to an authorized representative of a federally recognized American Indian Tribe for the sole purpose of determining the adoptee's eligibility for enrollment or membership in the Tribe.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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