| Hawaii Adoption Laws page #8 of 8 |
Hawaii Opens Adoption Records!
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This allows adopted individuals who have attained eighteen years of age, adoptive parents, and natural parents unfettered access to the adopted individual's sealed adoption records."
This is the legislative summary of HB 2082 passed by the Hawaii legislature and signed into law by Governor David Ige on 6-23-2016, effective immediately. No ifs, ands or buts. All parties affected by an adoption can access the court records just for the asking. They don't have to have a good reason--or any reason at all.
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Hawaii
Who May Access Information
Citation: Rev. Stat. §§ 578-14.5; 578-15
Health information may be provided to:
• The adult adopted person.
• The adoptive parent.
• The adopted minor’s guardian or custodian.
Adoption records may be accessed by:
• The adult adopted person.
• The adoptive parents.
• The birth parents.
Access to Nonidentifying Information:
Citation: Rev. Stat. §§ 578-14.5; 578-15
The department of health shall prepare a standard medical information form to obtain medical information on the birth parents of the adopted minor child. This form shall include a request for any information about the adopted child’s potential genetic or other inheritable diseases, including similar medical histories, if known, of the parents of the birth parents. All child-placing organizations shall make reasonable efforts to complete this form on both birth parents, to obtain from the natural parents written consent to the release of this information to or for the benefit of the adopted child, and whenever possible, to obtain from the natural mother a signed release to receive a copy of all of her medical records relating to the birth of the adopted child that are in the possession of the hospital or other facility at which the child was born. The completed forms shall be included in the department’s adoption records. Upon written application from the adult adopted person, or the adoptive parent, guardian, or custodian on behalf of a minor adopted child, the department of health shall furnish the applicant with a copy of the completed forms. The department is authorized to disclose the information without prior court approval. Information concerning the ethnic background and necessary medical information may be released regardless of the presence of a confidentiality affidavit.
Mutual Access to Identifying Information
Citation: Rev. Stat. § 578-15
An adopted person who is age 18 or older may submit a written request to the family court for inspection of adoption records. Such records will be released unless the birth parents have filed a confidentiality affidavit. Such affidavits may be renewed every 10 years. The adopted person may submit an affidavit person consenting to the inspection of records by the birth parents.
Access to Original Birth Certificate
Citation: Rev. Stat. §§ 578-14; 578-15; 338-20
If a new birth certificate is issued, the original birth certificate shall be sealed. The sealed document may be opened by the department only by an order of a court or when requested in accordance with § 578-15. The birth parent may be provided a copy of the original birth certificate upon request.
Where the Information Can Be Located:
Hawai‘i State Department of Health
Family Court Central Registry
Hawaii Vital Records InformationThis material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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