§ 31-19-25.5-5 — Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information

Indiana § 31-19-25.5-5

• Jurisdiction: Indiana
• Art. 19: FAMILY LAW: ADOPTION
• Ch. 25.5: Requests for Information Concerning Adoptees and

Text

(a) Except as provided under subsections (c)
and (e), the state registrar shall release the name and address of a
pre-adoptive sibling to an adoptee who submits a written request under
section 2 of this chapter if:
(1) the pre-adoptive sibling of the adoptee has submitted a written
request under section 2 of this chapter; and
(2) a birth parent has not filed a:
(A) written nonrelease form (before July 1, 2018); or
(B) contact preference form (after June 30, 2018) with the state
registrar under IC 31-19-25 that evidences the birth parent's
lack of consent to the release of identifying information.
(b) Except as provided under subsections (c) and (e), the state
registrar shall release the name and address of an adoptee to a
pre-adoptive sibling of the adoptee who submits a written request under
section 2 of this chapter if:
(1) the adoptee has submitted a written request under section 2 of
this chapter; and
(2) a birth parent has not filed a:
(A) written nonrelease form (before July 1, 2018); or
(B) contact preference form (after June 30, 2018) with the state
registrar under IC 31-19-25 that evidences the birth parent's
lack of consent to the release of identifying information.
(c) Except as provided under subsection (f), the state registrar shall
release information under this section if:
(1) both the adoptee and pre-adoptive sibling of the adoptee have
submitted requests under section 2 of this chapter; and
(2) the adoptee or pre-adoptive sibling who requested information
under section 2 of this chapter submits:
(A) a death certificate;
(B) an obituary; or
(C) any other form of evidence approved by the Indiana
department of health;
indicating that a birth parent is deceased to the state registrar for
each birth parent who is named on the adoptee's original birth
certificate.
(d) The state registrar shall search the death certificates and the
STEVE system in the state registrar's possession regarding a birth
parent if:
(1) an adoptee and a pre-adoptive sibling of the adoptee have
submitted written requests to be in contact; and
(2) a birth parent has filed a contact preference form under IC 31-19-25 that evidences the birth parent's lack of consent to the
release of identifying information.
(e) Except as provided under subsection (f), if, upon searching the
death certificates and the STEVE system under subsection (d), the state
registrar finds that a birth parent is deceased, the state registrar shall:
(1) inform the adoptee and pre-adoptive sibling of the death; and
(2) release the information if additional consent is not required by
this chapter.
(f) The state registrar may not release information under this section
to an adoptee or pre-adoptive sibling if:
(1) additional consent is required under this chapter; or
(2) a:
(A) nonrelease form (before July 1, 2018); or
(B) contact preference form (after June 30, 2018) that
evidences the birth parent's lack of consent to the release of
identifying information;
submitted by a birth parent specifically states that the nonrelease
form or contact preference form shall remain in effect after the
birth parent's death.
(g) If the state registrar is prohibited from releasing the name and
address of the pre-adoptive sibling under this section, the state registrar
shall provide information on requesting the release of adoption
information under IC 31-19-24 to the adoptee or pre-adoptive sibling.

Legislative History

As added by P.L.191-2011, SEC.55. Amended by P.L.6-2012, SEC.205; P.L.3-2016, SEC.27; P.L.190-2017, SEC.11; P.L.56-2023, SEC.295.