§ 19-8-23 — Where records of adoption kept; examination by parties and attorneys; use of information by agency and department

Georgia § 19-8-23

• Jurisdiction: Georgia
• Title: 19

Text

(a) (1) The original petition for adoption, all amendments, attachments, and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20 , shall be recorded in a book kept for such purpose and properly indexed; and such book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of such court records, including the docket book, that relate in any manner to the adoption shall be kept sealed and locked. The department shall keep its records that relate in any manner to an adoption sealed and locked. (2) The court records and department records may be examined by the parties at interest in the adoption and their attorneys when, after written petition, which shall be filed under seal, has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency or out-of-state licensed agency, if any, have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and the court has entered an order permitting such examination. (3) Notwithstanding paragraph (2) of this subsection, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition for examination is filed and such petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail, return receipt requested, or statutory overnight delivery at the last address the department has for such adoptive parents, and the court shall continue any hearing on such petition until not less than 60 days after the date the notice to the adoptive parents was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to: State Adoption Unit Department of Human Services Atlanta, Georgia 30303 (b) The department or child-placing agency may, in its sole discretion, make use of any information contained in the records of the respective department or child-placing agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents or to provide notice when required by subsection (a) of this Code section. (b.1) The department may, in its sole discretion, make use of any information contained in the records of the department concerning an adopted child and the adopted child's biological parents in connection with the placement of another child in the home of the adoptive parents of the child or in connection with the investigation of a report of child abuse or neglect made concerning the adopted child's biological parents. (b.2) (1) As used in this paragraph, the term: (A) "Director" means the director of the Division of Family and Children Services of the department. (B) "Near fatality" shall have the same meaning as set forth in Code Section 49-5-40 . (2) Upon the approval of the director, or his or her designee, any information concerning an adopted child, such child's biological parents, and such child's adoptive parents may be used solely by the department when, after the adoption, such child dies, suffers a near fatality, or is an alleged victim of child abuse or neglect; provided, however, that the department may provide such information to the Office of the Child Advocate for the Protection of Children. Such information shall not otherwise be subject to disclosure or release under Article 4 of Chapter 18 of Title 50. (c) The department or child-placing agency may, in its sole discretion, make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child, or when the information is required by federal law. (d) (1) Upon the request of a party at interest in the adoption, a child, legal guardian, health care agent, or mental health care agent of an adopted individual or a provider of medical services to such a party, child, legal guardian, health care agent, or mental health care agent when certain information would assist in the provision of medical care, a medical emergency, or medical diagnosis or treatment, the department or child-placing agency shall access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical and health history information contained in its records pertaining to an adopted individual or the biological parents or relatives of the biological parents of the adopted individual. For purposes of this paragraph, the term "health care agent" shall have the meaning provided by Code Section 31-32-2 and the term "mental health care agent" shall have the meaning provided by Code Section 37-11-3 . (2) Upon receipt by the State Adoption Unit of the department or by a child-placing agency of documented medical information relevant to an adoptee, the department or child-placing agency shall use reasonable efforts to contact the adoptive parents of the adoptee if the adoptee is under 18 years of age or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adult adoptee. The department or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adult adoptee. (e) Records relating in any manner to adoption shall not be open to the general public for inspection. (f) (1) Notwithstanding Code Section 19-8-1 , for purposes of this subsection, the term: (A) "Biological parent" means the biological mother or biological father who surrendered such individual's rights or had such rights terminated by court order giving rise to the adoption of the child. (B) "Commissioner" means the commissioner of human services or his or her designee. (C) "Department" means the Department of Human Services or, when the Department of Human Services so designates, the county division of family and children services which placed for adoption the individual seeking, or on whose behalf is sought, information under this subsection. (D) "Placement agency" means the child-placing agency, as defined in paragraph (5) of Code Section 19-8-1 , which placed for adoption the individual seeking, or on whose behalf is sought, information under this subsection. (2) The department or a placement agency, upon the written request of an adopted individual who has reached 18 years of age or upon the written request of an adoptive parent on behalf of that parent's adopted child, shall release to such adopted individual or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted individual's biological parents and information regarding such adopted individual's birth. Such information may include the date and place of birth of the adopted individual and the genetic, social, and health history of the biological parents. No information released pursuant to this paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of either biological parent. (3) (A) The department or a placement agency, upon the written request of an adopted individual who has reached 18 years of age, shall release to such adopted individual the name of such individual's biological parent, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, if: (i) A biological parent whose name is to be released has submitted unrevoked written permission to the department or placement agency for the release of that parent's name to the adopted individual; (ii) The identity of a biological parent submitting permission for the release of that parent's name has been verified by the department or placement agency; and (iii) The department or placement agency has records pertaining to the finalized adoption and to the identity of a biological parent whose name is to be released. (B) If the adopted individual is deceased and leaves a child, such child, upon reaching 18 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adopted individual and subject to the same procedures contained in this Code section. (4) (A) If a biological parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or placement agency, within six months of receipt of the written request of the adopted individual who has reached 18 years of age, shall make diligent effort to notify each living biological parent identified in the original adoption proceedings or in other records of the department or placement agency relative to the adopted individual. For purposes of this subparagraph, the term "notify" means a personal and confidential contact with each biological parent of the adopted individual. The contact shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the individual who notified each biological parent, certifying to the department or placement agency that each biological parent was given the following information: (i) The nature of the information requested by the adopted individual; (ii) The date of the request of the adopted individual; (iii) The right of each biological parent to file an affidavit with the placement agency or the department stating that such parent's identity should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department; and (v) The effect of a failure of each biological parent to file a consent to disclosure or an affidavit stating that the information in the sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parent's identity, such parent's name, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, shall be released to the adopted individual who has requested such information as authorized by this paragraph. (C) If, within 60 days of being notified by the department or placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding the identity of that biological parent shall not be released. (D) (i) If six months after receipt of the adopted individual's written request the placement agency or the department has been unable to notify a biological parent identified in the original adoption record or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted individual who has reached 18 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of his or her biological parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted individual. (iii) If it is verified that a biological parent of the adopted individual is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, to the adopted individual seeking such information without the necessity of obtaining a court order. (5) (A) Upon written request of an adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual, the department or placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party's sibling, the department or placement agency shall notify the sibling of the inquiry. Upon the written consent of a sibling so notified, the department or placement agency shall forward the requesting party's name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If a sibling cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased sibling, if known, to the requesting party without the necessity of obtaining a court order. (B) (i) If six months after receipt of the written request from an adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual, the department or placement agency has been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph. (ii) The adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, who are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (C) If the adopted individual is deceased and leaves a child, such child, upon reaching 18 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted individual would be entitled to obtain such information pursuant to the procedures contained in this Code section. (6) (A) Upon written request of a biological parent of an adopted individual who has reached 18 years of age, the department or placement agency shall attempt to identify and notify the adopted individual. Upon locating the adopted individual, the department or placement agency shall notify the adopted individual of the inquiry. Upon the written consent of the adopted individual so notified, the department or placement agency shall forward such biological parent's name and address to the adopted individual, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, and, upon further written consent of the adopted individual, shall divulge to such requesting biological parent the present name and address of the adopted individual. If the adopted individual is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted individual, if known, to such requesting biological parent without the necessity of obtaining a court order. (B) (i) If six months after receipt of the written request from a biological parent of an adopted individual who has reached 18 years of age, the department or placement agency has been unable to notify the adopted individual or has been able to notify the adopted individual but has not obtained a consent to disclosure from the notified adopted individual, then the identity of the adopted individual may only be disclosed as provided in division (ii) of this subparagraph. (ii) A biological parent of an adopted individual who has reached 18 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted individual from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted individual pursuant to subparagraph (A) of this paragraph without success or upon locating the adopted individual has not obtained a consent to disclosure from the adopted individual and that failure to release the identity and last known address of said adopted individual would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent. (C) If a biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted individual in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section. (7) If an adoptive parent or the sibling of an adopted individual notifies the department or placement agency of the death of an adopted individual, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted individual if they make an inquiry pursuant to this Code section. (8) If a biological parent or his or her parent or sibling notifies the department or placement agency of the death of a biological parent or a sibling of an adopted individual, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted individual or sibling of the adopted individual if they make an inquiry pursuant to this Code section. (9) The State Adoption Unit within the department shall maintain a registry for the recording of requests by adopted individuals for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent's identity to an adopted individual upon the adopted individual's request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with the State Adoption Unit. (10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. (11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted individual who has reached 18 years of age, any information which is not kept by the department or placement agency in its normal course of operations relating to adoption. (12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil liability or criminal responsibility for such release of information or authorized contacts. (13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection, notwithstanding any other provisions of law to the contrary. (14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, sibling, or adopted individual under subparagraph (A) of paragraph (4), (5), or (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The department's determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function.

Legislative History

Amended by 2022 Ga. Laws 836,§ 2-5, eff. 7/1/2022. Amended by 2018 Ga. Laws 473,§ 1, eff. 7/1/2018. Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018. Amended by 2016 Ga. Laws 541,§ 1, eff. 7/1/2016. Amended by 2011 Ga. Laws 189,§ 6, eff. 7/1/2011. Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009. Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009. Amended by 2004 Ga. Laws 564, § 19, eff. 5/13/2004. Amended by 2003 Ga. Laws 207,§§ 8, eff. 7/1/2003, Amended by 2003 Ga. Laws 207,§§ 7, eff. 7/1/2003, Amended by 2003 Ga. Laws 207,§§ 6, eff. 7/1/2003,