Who May Access Information Citation: Ann. Code § 42-6-102
Information may be provided to: • The adult adopted person. • The adoptive or birth parent. • An extended family member of an adopted person or birth parent. • A court-appointed confidential intermediary.
Access to Nonidentifying Information Citation: Ann. Code § 42-6-102
• Upon request, all nonidentifying information will be provided to a person listed above.
Mutual Access to Identifying Information Citation: Ann. Code §§ 42-6-102; 42-6-103; 42-6-104
The department may disclose identifying information: • To a court-appointed confidential intermediary. • As needed to assist an adopted person to become enrolled in an Indian tribe. • To authorized personnel during a Federal Child and Family Services Review Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adopted person who is still a child may not be disclosed based upon a consensual exchange of information unlessthe adopted person’s adoptive parent consents in writing. An adult adopted person, an adoptive or birth parent, or an adult extended family member may petition the court for disclosure of identifying information regarding the adopted person, a birth child, a birth parent, or an extended family member. After a petition has been filed, the court shall appoint a confidential intermediary who shall conduct a confidential search for the person being sought. If the intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having his or her present identity disclosed to the petitioner. If the person being sought does not consent, identifying information regarding that person may be disclosed only upon order of the court for good cause shown. If the person being sought is found to be deceased, the court may order disclosure of identifying information to the petitioner.
Access to Original Birth Certificate Citation: Ann. Code § 42-6-109
• For a person adopted on or before 7-1-1967, the department shall furnish a copy of the original birth certificate upon the written request. • For a person adopted between 7-1-1967 and 9-30-1997, the department shall furnish a copy of the original birth certificate upon a court order. • For a person adopted on or after 10-1-1997, the department shall furnish a copy of the original birth certificate upon the written request of an adopted person who is age 18 or older unless the birth parent has requested in writing that the original birth certificate not be automatically released, or by a court order. For a person adopted on or after 10-1-1997, upon the request of an adoptive parent or an adopted person who is age 18 or older, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adopted person, the name of each adoptive parent, and the name of the adopted person as provided in the decree. A birth parent may request in writing to the vital statistics bureau that the birth certificate for an adopted person not be released without a court order. The department may release a copy of the adopted person‘s original birth certificate if release of this document is required to assist an adopted person to become enrolled in or a member of an Indian tribe.
Where the Information Can Be Located:
Office of Vital Statistics, Department of Public Health and Human Services Kyla Rock Post Adoption Services Program Manager Child and Family Services Division PO Box 8005 Helena, MT 59604 (406) 841-2464 Fax: (406) 841-2463
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