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DOCUMENT RESUME

. ED 255 297 PS 014 997

',TITLE, An Act to Establish a.-Mutual,Consent VoluntaryAdoOtion'RegistFy and to Provide for the TransmissiOnof Nonidentifying Information on the Health Historyand the Genetic and Social -History of Adoptees. ModelLegislation Series.

INSTITUTION National Committee for Adoption, Inc., Washington,. DC. .

PUB DATE 82 1 ...---r

NOTE , Z10.AVAILABLE FROM National Committee for Adoption, Inc., SUite 326,

1346 Connecticut Avenue, N.W., Washington, DC 20036(42.00, plus appropriate postage. $1.50 per copy fororders of ten or more, book .rate postage paid. Allorders must- be prepaid).

PUB TYPE Legal/Legislative/Regulatory Materials (090) "Viewpoints .(120) . 1

, .. .

'ELMS PRICE, MF01 Plus Postage. PC Not Available from EDRS.DESCRIPTORS *Adopted Children; *Adoption; *Biological Parents;

Confidentiality; Costi; Individual Characteristics;*Information Services; Models; *Parent Background;Physical Characteristics; Private Agencies; PublicAgencies; Referral; Social Characteristics; *State

4. . Legislation

ABSTRACTThiskdocument is offered as a.legiilative model to

the state; fOr consideration when addressing the controversy over-."opening adoption records." It is the result of an intensive reviewof existing legislation and approaches concerning "open records" andthe creation of adoption "registries." 'Title I of the' moddl actincludes general-provisions, i.e., the policy and purposes of theact, definitions of terms, maintenance of records, prohibitedchduct, nondisclosure, and rule making. Title II concerns theestablishment, use, and operation of the mutual consent Voluntaryadoption registry. Three options are-given for establishing aregistry: (1) public agency and private agency cooperation;' (2)creation of a new corporation to opeiate the registry; and (3) publicagency operation of the registry. The section on operation of theregistry includes prcivisions on disclosing identifying information,-counseling users of the registry; matching and disclosure procedures,retention of data, scope of information obtained, and tees-forOperations. Title III concerns the compilation and dii&osure ofnonidentifying information on health history and social and genetichistory, the repeal of existing law, and the effective date of theact. (CB)

***********************************************************************Reprodlictions supplied by EDRS.are the best that can be made *

from the original document.***********************************************************************

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Model tegillation SeriesNOloraal Comitee for Adoption

r#.4U.S. OIPANITAINT C goicanors

NATIONAL INSTITUTE OF DOUCATIONEDUCATIONAL RLSOURCES INFORMATION

This document hes boon iyproducsol as

CENTER (ERIC)

(dyed from the person or orgenbittionoriginating It.

0 Mind, changes have been mode to improvereproduction quality. N

Pc*" of WNW or osInions stated in this doclmsnt do not necesserity repreeont official NIposition or policy. .

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. AN ACT.TQ ESTABLISH A',MUTUAL C014SEN' .

VOLUNTARY ADOPTIONREGIST,ANI5 TO.PCIVIDEFOR THE TRANSMISSIONOF NONIDENTIFYINGINFORMATION. ON THE

. HEALTH HISTORY AND THEGENETIC AND SOCIALHISTORY OF*ADOTEESModel Mt to EstabliSh 'a 'MutualConsent Adoption Reipstryk.

"PERMISSIOWTO REPRODUCE^THISMATERIAL IN MICROFICHE ONLYHAS BEEN GRANTED BY

Lk) PstArelt..

TO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERIC)."

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AN ACT TO ESTABLISH A MUTUAL CONS* VOLUNTARYADOPTION REGISTRY AND TO PROVIDE FOR THE TRAN-,SMISSION OF.NONIDENTIFYING INFORMATION ON THEHEALTH HISTORY AND THE GENETIC AND SOCIAL H14-.TORY OF ADOPTEES is published by the NationalCommittee For Adoption, Inc., Suite 326, 1346Connecticut Ave. N.W:,*Aashington, D.C. 20036.'Per copy price is $2, plus appropriate postage.For orders of ten or more, per copy price is$1.50, book Tate postage paid. All orders mustbe prepaid. The material contained herein itbased upon a list of principles wh4ch.are en-dotsed by.the National Committee as approvedby the. National Committee Executive.Committeeon November 21, 1981. These principles wereused to draft the model legiAlation. Copyright1982 by the National Committeg For Adoptioni Inc.All rights reserved,

Ail ABBEBEST COr

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plIONAL COMMITTEE FOR ADOPTIONSUITS 11110

1346 Cin4NICCTICVT AVIII4US. N.W.N.W.,,

WASIUNGTON P. 0. vows.

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Februaiy 10, ;1982 . ,..,

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AN INTRODUCTORY NOTE ABOUT THE "MUTUAL CONSENT VOLUNTARY ADOPTION REGISTRY"

The controversy over "opening adoption records" was,one of. the issuesleading to the establishment of the'National Committee For Adoption, on June'23, 1900. jrom that date until fioW, purloudding members -- agenties apdinddviduais alike -- hpve beeh determined to offer, a profeasiona;ly sound,humane, sensitive and, practical legislative model act- to-She States for theireconaideration id addressing thi4 controversy.

In the intervening months, those:saMe-agencies and individuals havebeeninvojed in an intensive review of existing legislation.and approachds concern-.Ing "open .5y/cords" inta search for a workable "registry." Drafts of modelacts which would establish registries bays been.circUlated, "debated and amended.The basic.concepts and pria4ples underlying this document reflect the suggest-ions, it writing and.in person, of htindreds of comer* people. Over the last18 months, this ,document web auhstaltively redrafted talree times..

Becausethis'document deals with one of the most complex constructions ofAmerican societytothe "adoption circle," it necesierily reflects that complexityin its approaCh. 'There are, we concluded, few Blear -alit answers to questionsthat affect so many lives so intimately.

The document is also; admittedly, an imperfect and. evolvfng approach. Itis impei2fect because the need:to.provide States with something workable'toconsider required lib to set and.enforde a deadline for final comments from tmany agencies and individuals concerned about this matter. In addition, the

o need to make decisions required us to use &voting procedure in deciding whawould be the fina$ recommendations of the Ad Hoc.7Committee.. `In turn, our Exutive Committee voted to accept the recommendations, with minimal.changes 'andadditions, of the Ad Hoc Committee. This Material represents, therefore, themajority view orthe Ad Hoc Committee and'the view of the Executive Committeeof the National Committee For Adoption, not nedesaarily the views of each and .

every member agenCy, board member or individual member of our organization.

The process of discussion and deliberation which is currently under wayin many, States, and which will continue as additional States..consider his andother approaches relating to the "open records" issue means that t = e will beevolution and perfection of these recommendations. By design, we Erte includedno COMMENTARY with this material. It is our plait, after this do umetit has hadan opportunity.to cipculatelor several months, to publish'a Second Edition,with COMMENTARY.

ene final note: several States may wish to take nolaction 6n the core rec-commendation, that a registry be authorized to be established. Those States,nay determine that since the existing legislation serves approximately 98 percentof those involved in or aff,cted by adoption quite well '-- that is, tJey are' verycomfortable with existing guardhtees of privacy and sealed records -- no legalsteps to establish regidtries are called for. Should an aCtIve debate emerge inany State about these issues, howeve,. this document should be a useful resource.P

A, William L. Pierce

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TABLE OF: CONTENTS

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Introdfictiak

'".Title'I. General Providions

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.101. Policy and Purposes 1

102,. Definitions 2

103. Maintenance ofeRoaords... 4

104. Prohibited Conduct 4

105. Nondisclosure. 4

106. Rulemaking 4 a

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The Voluntary RegistryOption 1: Establishment and Maintenance of aMutual Consent Voluntary Adoption Registry[Public agency and voluntary agency cooperation].. 5Option 2: Establishment and Maintenance of aMutual Consent Vdluntafy Adoption Registry[Creation oaf a new corporation to operate theregistry]

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Option .3: 'Establishment. and Maintenance of a

Mutual Consent Voluntary, Adoption Registry. [Public"agency operation of the registry]

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202, Use *of, the Mutual Consent Voluntary AdoptionRegistfy.. 8'

103. Opdration of the Mutual Consent Voluntary 'c.

Adoption Registry.... 9,

(A) .Prerequisites to Disclosure 'of adentifyinvInformation , . 9

(B) Counseling 46 '10

(C) CAses where Disclosure of IdentifyiRg 110 ..

Information Cannot Occur b 10 1.

(D) Matching and Disclosure Procedure's 11

(E) Retention of Data by Registry 1.,

(F) Scope of Information Obtained by the. e MutualConsent Voluntary Adoption Reatstry.... 12.

(G) Fees. fir Operations 2f the Mutual ConVoluntary Adoption Registry 13

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Title III. Disclosure of. NonidenZ1Vying InformatiOn.

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30.1. The Compilation of NOnidentifying Information onHealth History and Social and Genetic History 13

3U2. Prior Laws Repealed. *, 0 15

303. Severability....& 15/15304. Effective Date .

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'AN ACT TO ESTABLISH A MUTU?iL CONSENTVOLUNTARY ADOPTION REGISTRY AND. TO PROVIDE

FOR THE TRANSMISSION OF SONIDENTIFYINGINFORMATION ON THE HEALTH HISTORY AND

THE GENETIC AND,SOCIALHISTORY OF ADOPTEES

Be it enacted by..she bodiea] of the StateO

of assembled that. this Act may be cited as "An

Act to Establish a 'Mutual Consent Voluntary Adoption Registry

and to Provide for the. Transmission of Nonidentifyiig Information

8 on the HealthHistcry'ancLthe Genetic and Socia l History of4 1

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9 Adoptees.

10 :1\ TITLE 1 -- GENERAL.PROVISIONP r

11, Section 101. Policy and Purposes. Adoption is based

12. upon 'the legal termination of parental rights and responsibilities

1g ii of4Dirth parents and. the creation of the legal relationship of '

14 parerit and child between an adpptee and his adoptive parents.

-These legal'and social premises underlying adoption must,be main-.

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tained. The State recognizes that some adults who were adopted as4

children have a strong desire to obtain identifying inform'ation

18 about their birth parentswhile other such adult adoptees have no.

19 such desire. The State further recognizes that some birth parents

20 have a strong desire to obtain identifying information about their

21 biological children who were surrendered for adoltion, while other

22 'birth parents have no uch desire. .The State fully recognizes the

21 right to privacy as confidentiality of (1) birth parents whose

24 children were adopted, (2) the adoptees and (3), the adoptive

25' parents... The purpose -of this Act is to (1) set up a mutual consent

26 voluntary adoption registry where birti parents and 'adult adoptees

27 may register then willingness to ,the releasd of identifying infor-

28 mation to each other, (2)' to provide for the disclosure of such

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1 identifying information to birth parents and their genetic off-

A: spring thrriugh a social worker employed by a licensed adoption

3 agency, prdvided each birph parent andethe adult adoptee yolun-.

. 4% tikily registers on his own, and,(3) to provide for the trans- .1

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5: mission of nonidentifying health' and social and genetic histIfy \.

9 ., to the adult adoptees, birth parents and other specified pertoris.\

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, Section 1')2. Definitions. (A) As used in this Act,.

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(1) "Adoptee" means a person lwho has been legally..

c-9i adopted in the state I.. of t

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10 (2) "Adoption" means the judicial act of creating the

11 relationship-oeyarent'and child,Where it did not exist previously.t-

12 (3) "Adoptive parent" meansian adult wh9 has become,

13 a parent of a child through the legal, process of Adoption.

14 (4) "Adult" meansaperpon 25.ox more years of age.

, 15 .(5) "Agency" means any public or voluntary organiiUtion

16 incensed or approved pursuant to, tk laws of any' jurisdiction

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17 within the United Statei to place children for adoption.

1 is (6) "Birth parent" includes (1) ,the man or woman. deemed

19 'or adjudicated under the laws of a'jutisdiction of the Unitedi

20 States to be'the facer or mother of genetic origin of a child;`-f

,21 and .(2) a putative father of;. the child if his name appears on the

22 original sealed birth certificate-of the child or if he has.been

23 alleged by the birth mother to be and has in writing. acknowledged

24 being the child's biological father. A putative father who has

25 denied or refused to admit paternity shall be deemed not to be1r'

,-26 a birth parent in the absence cif an adjudication under the laws

27 .of a jurisdiction of-the United States that he is the.biolbgical

, 28 fathL- of the child. 4

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.(i) "Genetic and social histgry" means .a comprehensive,

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2 report, when obtainable, on the birth parents, siblings to 'the.

3 birth parents,if any, other children .of either birth parent, if.

4any, and. parents sof the birth. parents, which t.kall contain the

5 following 'information:

6 (a) Medical history;

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(b) Health status; ;:',

8 (c) Cause of and age at death; .

9 t(d) Height, weight; eye.and hair color;

10 (e) Ethnic origins;

11 '(f) Where appropriate, levels.of educational

12 arid profeisional achievement; and V

13 (g) Religion, if any.

4 (8) "Health history" means a comprehensivd.report of1, .

15; the child's health status at the time of placement.for.adoption

15 -and medical history, including neonatal, psychological; physic-.

17 logical, and medical care history.

18 (9) "Mutual Consent Voluntary Adoption Registry" or

19 "Registry" means a place provided for-herein where, eligiblep.

20 persons as described in Section 204' below may indicate theirf 2

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21 willingness to have their identity and whereabouts disclosed lib.

.22 each other under conditions specified in this Act.

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(.10) "Putative father" means any man not deemed or

adjudicated under the laws of a jurisdiction of the United/States

25 to be the father of genetic origin of a child and who claims or

26 is alleged to be the father of genetic origin of such child. 1-,

27(B) As used in this Act, pronouns of the masculine

28 gender include the feminine.

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5 Section 104. Prohibited Conduct. '(A) No. person, agency,

6 entitleor organization of any kind, including belt not limited to

7 any officer or employee of this state and any employee, officer or& ,

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.8 judge of any court of this state, shall disclose any confidential1

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'9 i information relating, to an adoption except as provided in Titles

10 ' II and .III of this law or ,purduant to a Court order. Any employer

Section 103. Maintenance of Records. All records of

any adoption finalized in this State shall' be maintained for 99

years by the agency, entity, organization or person arranging the

adoption.

11.i. who knowingly ,r,' negligently allows any employee to disclose.

12 I information in violatle.of thi.'s law shall be subject to\the

13.1 penalties provided in subsection(B) of this section, together

14J with the erployeq who'made any disclosure prohibited by this law..

15 / (B) Any person, agency, entity or organization of any

13' kind who discloses information in violation of this law shall.

'7 i be fined up $10,000 or imprisoned for a period up to six months,

18 or both.

19:.

Section. 105, iondiasure. (A) Notwithstanding any

..Nil other provision of law, the information accigired by any regiptry

211. shall not be disclosed under any sunshine or freedom of informa-.

22 tion legislation, rule or practice.

23 (B)j Notwithstanding.any other provision of law., no

24 'person, group of.persons, or entity, includinan agency, may

26 file a class action to force'the registry to disclose identifying

26 information..'.

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27 ,Section 106. Rulemaking. The Commissioner of the

28 Department of 1 . ] shall issue such rules and regulationsl

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as are necessary for implementing .this law. Proposed ivies and

'regulations implementing all provisions in Titles,I, IT and III

of this law shillbe'published not later than sixty days after

the'. date of enactment and final rules and regulations shall be

promulgated one hundred and twenty days after the date the pro-%

6 posed rules and regulations were published

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$TITLE II -4- THE VOLUNTARY REGISTRY

9 Section 201 -- OPTION 1.

10 , Section 201. 'Establishment and Maintenance of a Mutual

11 Consent Voluntary Adoption Registry. (A) Adoptions in which

1? .Licensed Voluntary. Agencies were Involved. A mutual consent volun-

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13 tary adoption registry silall.be established and maintained by each

.14 , licensed voluntary agency'inVolved in an adoption. Persons

15 eligible to receive identifying information shall work through

18 the agency involved in the adoption. If that agency has merged1

'17 . or ceased operations, a successor agency which his the files per-,

-15,11,,taining to adoptions in which the ceased or merged agency was

19 'involved shall establish and maintain a MAW( consent voluntary

20 adoption registry concerning those adoptions. Any licensed

21 agency may delegate or.otherwise contract with another licensed

22 voluntary agency with expertise in post-legal adoption services

23 to establish, maintain and operate the registry for the delegating.

24 agency. If an agency ceasing to operate does not transfer adop-

25!. tion records to another licensed agency, it shall provide all

26' records required to be maintained by law to the Department of

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(B) . Adoptions in which, License(/ Voluntary Agencies were_

Not Involved. With respezt td adoptions arranged through the

Department of [ 1, or, without the involvement of any

licensed voldntary agency, the Department of [.

charged with the responsibility for licensing agencies shall

establish, and maintain the mutual consent, volUntary adoption

registry, except that 'the Department may contract out the,function

of establishing yid maintaining such registry to a licensed

yoluntaz'y agency with'expertise in,providing post-legal adoption

services in which case such agency shall establish and maintail

the registry that would otherwise lie operated by the Departmen

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15 Section 201. Establishment and Maintenance of a Mutual

16 Consent Voluntary Adoption Registry. (A) The mutual consenp

17 voluntary adoption registry authorized under this Act shall be

18 operated by a separate; not - for - profit corporation created in

19 accord with the laws of [state], under the management of a board

20 of direct:ors. The board of directors shall consist of

21 members appointed by the Governor to reflect the following

22 representation:

23 (1) At least fifty percent of the members appointed

24 shall be representatives appointed by public or voluntary agencies

25 in [state] of whom one-half may be representatives of the public

26 agencies and at least one-half shall be representatives of the

27 voluntary agencies;

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Section 201 -- OPTION 2.

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(2) Approximately one- half1of the remainder shall be .

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specialists in the various professional fields which are relevant

3 to adoption, services to unmarried parents and family counseling.

4 They shall be appointed from a list compiled and submitted to the

5Governor by the Department. of [ ], which shall ,consist of

6 the names of personi who have special qualifications, either by

7 training or experience, in one.of said fields. Ilke, list shall

8 contain a number of names equal to twice the number of vacant

. 9 positions in this category plus one;

10 (3) The remainder of the members appointed shall be

11 residents of [state] who Are interested in the work of the mutual

12 consent voluntary adoption registry either by virtue of their

13 being an adult adoptee, a birth parent, an adoptive parent, or by

14 virtue of their,generalinterest in the well-being of the citizens

15 1 of [state]. They shall be appointed from a list which has beer).

18 compiled and submitted to the Governor by the Department of [

17 The list shall contain a number of napes equal to twice the number

18 of vacancies plus one.

19. (B) Member's shall serve without pay, but shall be

.20 entitled to reimbursement for the reasonable expenses of attending

21 meetings, and a per diem allowance of for each'day the

22 boardis in session. 4

23. (C), /Members shall serve for a term of thrde yeaks froM

24 the date, of their appointment. Those ,appointed to fill vacancies

25 created for any reason shall serve only the unexpired portion of

An' the term unless reappointed thereafter. Notwithstandin theti

27. foregoing, approximately one-third of the initial appointees

26' shall serve for a one-year period and approximakely one' -third

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'1 i shall serve for a two-year'period. The approximately two-thirds

e [ of the members whoseInitial'term sh1.1 be so shortened shall. be

3 chopen by'casting lots among all the appointees! 'A board member

4 may be reappointed after serving his term of office.

5 .(D) Members of the board shall chodse the mutual

consent voluntary adoptionption registry administrator; oversee the

7 operations of the registry; and rev34ew and report to the Governor

8 and to the (state legislaure) annually On the use ot,tne volun-

91 tary adoption registry.

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Section 201 -- OPTION 3. e11 ;

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12 Section 201. The Department of ( ]

13 charged with the responsibility for licensing agenbies shall

14 establish and maintain the mutual onsent voluntary adoption

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registry, except that the Department may contract "t tkle function

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of establishing and mainLaini g such registry to a licensedI

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17 ivoluntary agency With expertise in providing post-legal adoption

18 services in which case such agency shall establish and maintain

19 the registry that would otherwite be operated by the Department/ '.

(20 of [ l. I)

21: .1 Section 202. Use of the Mutual Consent Voluntary Adop-,

22 tion Reg stry.: (A) Use of a/mutual:consent voluntary adoption

f-23, registry for obtaining identifying information about birth parentg.

24' and adult adoptees shall be available only to birth parents and

215, adult adoptees, except that no adult adoptee who has a sibling

261 inhis adoptive family who is under the age of 18 may use the

27 ; registry.

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. (s No birth LArent shall be eligible to use the'

registry until after his genetic offspring, who was adopted,r.

hai reached his twenty-fifth birthday.

(C) A birth father whose name has appeared in the.

.original sealed birth certificate or who has'iegitimAed or ,1

formally acknowledged the child as Provided by law. or who has.

si4ned a voluntary abandonment and release for'the

adoption as provided by ,state law may register..'-Thdf.

(D) Any birth pareht who. in terminating his parental('

10 rights used an .alias name, and vtalifealiab is listed in. the

11 1 original sealed birth record, may .reg r if the agency or, in. ,

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12:,1 cases yhdre no ageny was involved, the'oEganization Intity or. t

13,1i person who was involved, certifies to the iiai:e=Family CoUrt.

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t4 that the individual seeki0g to register used, as an alias, the, -

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name set forth in the oiiginal sealed birth !certificate.(.4 '

pection 204 Operation. of the Mutual Consent Voluntary

ik Registry. AA) 'Prerequisites to,Disclosure'of Identify-

'.8 'ingsInformation: The adult adoptee and each birth parent, must

19 voluntarily( on his own, without having been contiacted.by any

emplOyeelor agent of the entity operating the'registry, place his

211 name in the approprilte registry before any disclosure or,identify

22 ing information can be made,. A qualified person max register by,

.sulmitting a notarized affidavit to the appropriate registry statin

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217.

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his name, address and telephone number and his willingness to beti

identified solely to the other relevant persons who register. No

registration shall be accepted until thejrospective registrant sub-

mits satisfactory proof Of his identity-in accord with regulations

specified in section 106. The failure of any of the three

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i above described persons to fie a notarized ffidavit with the,

2; registry for any reason, including death or disability, shall

3 preclue.1 the disclosure of identifying inforitation to those

Or relevant persons who ,dd register.'11 ,

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"., (B) Counseling. Upon registering, the registrant ...

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6 J shall participate in notless than one hour of counseling with a,

social worker employed by the entity that operates the registry,.

6, except if:a birth parent or adult adoptee is domiciled outside.

'6 nthe'state, he shill obtain'counseling from a social worker

10 employed by a.iicensed agency in that other state selected byL

1; the entity that operates the registry. When an eligible person

12 registers Concerning an adoption that was arranged through an

13 agency which has n;;-inerged or otherwise ceased( operations, and

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that same agency is not operating the registry, the entity

15 !operating the registry shall notify by certified mail the agency

lei which handled the adoption within ten business days after the

17 date of registration.

18 .--(C) Cases Where Disclosure of Identifying Information

19 Cannot Occur. Ip any case where the identity of the birth father

20 was unknown to the birth mother, or where the Administrator learns

21 that one or botof the birth parents are deceased, this informa-

tiOn shall be shared with the adult adoptee. In these kinds of

23 cases, the adoptee will not be able to obtain identifying infor-

24 mation through the registry, and he would be told of his right.

25 to pursue whatever right otherwise exists by law to petition a

26 court to rele the identifying information.

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(D) Matching and Disclosure Procedures.

(11 Each mutual consent voluntary adoption registry

shall be operated under the direction of an.Administraior.

(2) A person eligible to register may request the

Administrator to disclose identifying. informatipn by filing an

..affidavit which sets forth the following:,

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(a) the current name and address of the affiant;

(b) any previous name by which iha affiant was<I

known;

(c) the original and adopted names, if known, bf

the adopted child;

(d) the place and dateof birth of the adopted

r child;

(e) the name and address ?f the adoption agency or

other entity,, organization or Oeron placing

the adopted child, if knqwn.

17 The affiant shall notify the registry of any change in name or

18 location which occurs subsequent to his filing the affidavit.o

19 The registry shall have no duty'to search for) the affi4pt who

20 fails to register his most recent address.

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(3) The Administrator of the mutual consent voluntary

adoption registry shall process each affidavit in an attemq. to

match the adult adoptee and.the birth parertts. Such processing

24 shall include research from afency, records, when available, and

25. .wIen agency records age not available, research from court records

26 tp determine conclusively whether the affiants match.

27 ` (4) 'The Administrator shgll determine that there' is a

28 match when the adult adoptee, the birth motAr and the birth

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.1 father have each filed'affidavits with thd. mutual consent volun-,

tary adoption registry and have each received the counseling

3 required in section. 203(3).4*. .

(5) When a match has taken place, the mutual consent,

5 it.: voluntary adoption, registry Administrator shall assign the matt') .

6 and transfer such Information ad may be necessarily related to'o

7 `the matchto theageney, if any, whictrtrocessed the adoption.

: If the adoption was processed.without resort to an agency, the

9 match Shall be referred to the Department of [ ] for assignment.,

10 (6) An agency or department 'receiving pan assignment of

11 agmatch under the provisions of this At shall directly or .by

12 contract with a liCensed adoption agency in this state notify all.. , .

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la ,parties t chroUgh.a diret and confidential contact. The contact., ,. .,

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14 shall be made by an employee or agent of the agency receiving thef-, .

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assignment and shall be made face-to-face, rather.than by mail,

16 telephone or ,other indirect means. Said employee or agent shall :

17 be.a trained social worker wko has expertise inpost=legal adoptiona

18 services.

19 . (E) 'lletentioeReistr. Any affidavits .

20 filediand other information collected shall be retained for ten

21 years following the datd of registrat&pn by any qualified person

22 to which the information pertains. Any qualified person who .

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23 registers may,

renew his registration. for ten additional years

.24 within 180 days prior to the lait day of ten years fromthe date

'25 ; of initial registratiqn.

26 : (F) Scope of Information'Obtained by' the Mutual Consent.

27 Voluntary Adoption'Registry. -A mutual consent voluntary adoption

28 registry shall obtain only information necessary for identifying

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)a birth 'parent or adult adspptee and in no event shall obtaih ..f.

2 I information of any kind pertaining to(the adoptive parents, any1

3., siblings Am the adultaaoptee who are children of the-adoptivei .

4 I. parents, the income of anyone and reasons for adoptive placement.f

*4 5 i 1G) Fees fors Operations of the Mutual Consent Voluntary, . 1 A

6 Adoption Registry. All costs Jot. establishing. and maintaining a2/

P

7 mutual consent voluuta y adoption.registry shall be obtained

8 through user's fees charged to all persons Who register.

16.

, TITLE III -- DISCLOSURE _OF10 NONIDENTIFYING INFORMATION

11 Section .301. The Com ilation of Nonidentif in Informa-.

12 tion on Health History and Social and Genetic Histor . '(A) Prior

.13 ,to Illacement for adoption; the licensed adbption agency or, where

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an agency is not introlved, the person, entity or organization7

15 handling the adoption, shall compiler and provide to the pmospec-,

tive adoptive parents a detailed written health history and genetic

17 and social history o the child which excludes inforMAf ion which

16 'would identifyc.birth parents or members of a birth parent's family

19 and is set forth in a document that is separate from any document' -

20 containing such identifying information.

21 (B) Records containing such nonidentifying information

22 and which. are set forth on a document that is separate krom any "4

23 document containing identifying data:

24 (l), Shall be retained by the agency or, when no agency

25: is involved, by the person, entity or organization htn4ling thea

26i adoption, for ninety-nine years, and if an agency or person,

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27 entity or organization who handled the adoption ceases to function,

. 28, such agency or intermediary shall transfer records containing such

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.11 11 nonidentify ng information on the adc.,.Lee to the Dqpartment of

. 11 except that a licensed agency ceasing operations

L

may transfer su h records to .another licensed agency .within this

4 i

5 of the transfer.to the Department .of

state, provided the agency transfer;ing the records gives notice'

.i; and

6

7 time specified in (B)(1).above together with any additional,non-, ,

8 identitying information which 'may have' been added on health or. .

9 , on genetic and social history, but which excludes iniorftation. ,

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v ,

10 identifying any birth parent or member of a birth parent/1s family,

(2) ,Sha'll 'be avaiaable upon request, throUghout th's

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or the adoptee or any - adoptive Parent:Of theadoptee, to the

following 'persOi only:

(a) the adoptive parents of the, child or, in the

a event.or death Of.the adoptive parents, the.

e achild's .guardian;

(b) the adoptee upon reaching the age of eighte=ni.

(c) in the event of the death. of the 4doptee, the

adoptee's spouse if he is the. legalTarent.of

the doptee's child or the guaridan of any,

, child f the adoptee;.

i

(d) in the e ent of the death of bie adoptee, dhy

progeny o the adoptee who is age eighteen or

oldei;

(e) the birth par nt of the adoptee.

(C) The actual and re sonable cost of providing non-

identifying health history and genetic and social history shall

be paid by the person requesting such information.

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1 Section 302. The following provisions. of existing law,2 are hereby,repealed: (

3- Section 303. If any provision of this Act is held

invalid, the remaining provisions of the Act shill continue in

5

6-

effect.O

SectIon.304... The Act shall becoMe effective immed.iately6

7 except that Title II and subsections (B).and (C) of section 301

8shall be effectivetonly for the pulp( Se of rulemaking, as pro--

9 vided ion 106 herein, until .90 day following the date of

10 publication of the final rules .and.regulations on which date

11-Title II and ,section 301(8) and (CY shall become effective in

12all respects.

4)

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BEST COPY AVAILABLE

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Suite-326 1346 coon. Ave., N.W.ra Washington, D.C. 20036

OFFICERS AND BOARD OF DIRECTORS

William E. McKayChairman

William L. PiercePresident

Ruby Lee nesterVice Chairman

Michael BaroneSecretary

Frank MastrapasquaTreasurer

C. Harold Browns,Counsel

STANDING COMMITTEE CHAIRMEN

Barbara Daniels .

Nominating

Don HarrisPublic Policy

Richard ZeilingerStandards and 17ractfce

OTHER DIRECTORS

Jack BovairdJane D. EdwardsAdrienne KraftJoan McAvoyDaniel ShortRuby SondockRichard StillmanMargret Sullivan -

'Glen Van WakenenJan Wilkins

'BEST COPY AVAILAbu.

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