Sec. 2.5. (a) Except as provided in subsection (b), if an individual requests the release of identifying information under section 2 of this chapter regarding 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 chapter unless the adoptee's adoptive parent has submitted a written consent for the release of identifying information.
(b) 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) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee's name is on the list provided to the state department of health under IC 31-25-2-22.
(c) A licensed child placing agency, a professional health care provider, an attorney, and a court:
(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) shall, at the time of the request, provide:
(A) the name of the adoptee at the time parental rights were terminated; and
(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.
(d) Not later than five (5) days after the state department of health receives a request and affidavit under subsection (c), 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 under IC 31-25-2-22.
As added by P.L.191-2011, SEC.42. Amended by P.L.128-2012, SEC.76.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 19. Family Law: Adoption
31-19-25-1. Application of Chapter
31-19-25-2. Requirements for Release of Identifying Information
31-19-25-2.5. Release Prohibited; Request Information; Affidavit
31-19-25-3. Contact Preference Form; Filing; Duration; Withdrawal; Effect of Consent
31-19-25-3.5. Sending Copy of Contact Preference Form to State Registrar
31-19-25-4.6. Contact Preference Form; Contents; Identification; Duration; Changing Preference
31-19-25-11. Storage and Indexing of Requests and Contact Preference Forms
31-19-25-12. Errors in Execution of Forms
31-19-25-15. Consent Not Required
31-19-25-16. Search of Death Certificates
31-19-25-17. Deceased Adoptee or Birth Parent; Release of Identifying Information
31-19-25-18. Request to Contact Adoptee
31-19-25-18.5. Contact and Disclosure Prohibited
31-19-25-19. Contact; Disclosure of Identifying Information; Written Consent
31-19-25-20. Fee for Services; Fee for Actual Expenses
31-19-25-21. Client Consent Required for Release of Identifying Information by Attorney; Court Order