Who May Access Information Citation: Ann. Stat. § 32A-5-40
Information may be accessed by: • The adopted person who is age 18 or older. • The birth parent if the adopted person is age 18 or older. • The adoptive parent of an adopted person under age 18. • An adopted person’s birth sibling. • A guardian. • An attorney for any party.
Access to Nonidentifying Information Citation: Ann. Stat. § 32A-5-40
Unless the birth parent and the adopted person have consented to the release of their identities, inspection of records is limited to nonidentifying information. This includes: • The health and medical histories of the birth parents and the adopted person. • General family background. • Physical descriptions. • The length of time the adopted person was in the care and custody of persons other than the adoptive parents.
Mutual Access to Identifying Information Citation: Ann. Stat. §§ 32A-5-40; 32A-5-41
At any time after the entry of the decree of adoption, a birth parent may file: • Consent or refusal to be contacted. • Release of the birth parent’s identity to the adult adopted person or to the adoptive parent of a minor adopted person. • Information regarding the birth parent’s location or changes in background information.
At any time, an adult adopted person may file information regarding his or her location and consent or refusal regarding opening of his or her adoption file to his or her birth parents. If mutual authorizations for release of identifying information by the parties are not available, an adult adopted person, the birth parents, or the adoptive parents if the adopted person is a minor may file a motion with the court to obtain the release of identifying information for good cause shown. When hearing the motion, the court shall give primary consideration to the best interests of the adopted person, but shall also give due consideration to the interests of the members of the adopted person’s birth and adoptive families. The court may assign a confidential intermediary to ascertain needed information. An adopted person shall have the right to access information to enroll in his or her tribe of origin. If the department establishes that an adopted person is of Indian descent, the department shall: • Provide the requester with the tribal affiliation of the adopted person’s birth parents. • Submit to the tribe information necessary to establish tribal enrollment for the adopted person and to protect any rights flowing from the adopted person’s tribal relationship. • Provide notice to the requester of the department’s submission of information to the adopted person’s tribe
Access to Original Birth Certificate Citation: Ann. Stat. § 24-14-17
The original birth certificate is available only upon order of the court.
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