HOUSE BILL REPORT

EHB 141

BYRepresentatives Brekke, Patrick, K. Wilson, S. Wilson, Nelson, Lewis, Schoon, Leonard, Cole, Heavey, Rust, Fisher, Crane, Dellwo, Holland, Wang, J. Williams, P. King and Rayburn

Providing procedures for disclosing information about adoptions.

House Committe on Judiciary

Majority Report:     Do pass.  (11)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Heavey, P. King, Lewis, Moyer, Patrick, Schmidt, Wang and Wineberry.

Minority Report:     Do not pass.  (4)

     Signed by Representatives Brough, Hargrove, Niemi and Padden.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

Unlike most court records, adoption records are required by law to be sealed.  The records may be opened only by court order upon a showing of good cause.  Courts make the determination of what constitutes good cause on a case-by-case basis.  A desire to find out about one's biological parent or child in and of itself does not constitute good cause.  On the other hand, courts have allowed adoption records to be opened for such things as determining important medical history.

Some superior courts have allowed the use of confidential intermediaries to explore the possibility of reestablishing contact between adoptees and natural parents. Upon the request of a parent or child, the court appoints a disinterested person to make a confidential contact with the other party.  If consent is obtained by the intermediary, a meeting is then arranged between the parent and child.  There is, however, no formal statutory procedure for arranging such contacts.

SUMMARY:

The use of confidential intermediaries is explicitly authorized to arrange contact between adoptees and their biological parents or other relatives.

The following persons may file a petition asking for the appointment of an intermediary:  an adult adoptee; an adoptive parent; a natural parent; or an adult blood relative of the adoptee or natural parent.  No petition may be filed before the adoptee's twenty-first birthday.

After the petition has been filed, the court may appoint a confidential intermediary.  The intermediary is prohibited from disclosing any information without court authorization.  The intermediary must make a diligent search and must report to the court within six months of the appointment.  If the search is successful, the intermediary is to make a "discreet and confidential" inquiry about disclosure of identity.  If the person sought does not consent to disclosure, the intermediary must report the lack of consent to the court and must not try again to obtain consent.  If a written consent to disclosure is obtained, it is to be returned to the court which may arrange contact between the consenting party and the petitioner.  The petitioner must pay the intermediary's expenses and any reasonable fee authorized by the court.

If a petition is filed by a natural parent or other blood relative of the adoptee, the consent of the adoptive parents must be obtained before there may be any contact with an adoptee under the age of 25 who is living with, or is a dependent of his or her adoptive parents.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Dave Richardson, Washington Adoption Rights Movement, Robin Norman, Washington Adoption Rights Movement.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill provides a confidential and reliable way for relatives separated by an adoption to be put in contact with each other.  The bill does not require any person to disclose anything against his or her will, and contact will be made only when both parties concerned want it.  This procedures has worked well in other states and on an informal basis here in Washington.

House Committee - Testimony Against: Despite good faith efforts at confidentiality, there may be unwanted and devastating disclosures or contacts made.  There is often an understanding at the time of an adoption that the relinquishing parent need never fear a future revelation of the adoption, and even a confidential inquiry violates this understanding.