S-4177.1 _______________________________________________
SENATE BILL 6576
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State of Washington 54th Legislature 1996 Regular Session
By Senators Schow, Prentice, Hale, McCaslin, Finkbeiner, Sellar, Moyer and Long
Read first time 01/18/96. Referred to Committee on Human Services & Corrections.
AN ACT Relating to certified statements concerning disclosure of adoption records to be filed with the courts by adult adoptees; adding a new section to chapter 26.33 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that it is in the best interest of the people of the state of Washington to support the adoption process in a variety of ways, including protecting the privacy interests of adult adoptees when the confidential intermediary process is used.
NEW SECTION. Sec. 2. A new section is added to chapter 26.33 RCW to read as follows:
(1) An adopted person over the age of eighteen may file with the court a certified statement declaring any one or more of the following:
(a) The adoption records contained in this court file are confidential for any purpose other than a medical emergency as determined by a court of competent jurisdiction;
(b) The adoptee refuses to consent to the release of any identifying information to a biological parent, biological sibling, or other biological relative and does not wish to be contacted by a confidential intermediary except in the case of a medical emergency as determined by a court of competent jurisdiction;
(c) The adoptee consents to the release of any identifying information to a confidential intermediary appointed under RCW 26.33.343, a biological parent, biological sibling, or other biological relative;
(d) The adoptee desires to be contacted by his or her biological parents, biological siblings, other biological relatives, or a confidential intermediary appointed under RCW 26.33.343;
(e) The current name, address, and telephone number of the adoptee who desires to be contacted.
(2) It is unlawful to release any records or identifying information from a court file in which a certified statement has been filed under subsection (1)(a) or (b) of this section, except in the case of a medical emergency as determined by a court of competent jurisdiction.
(3) The certified statement shall be filed with the court in which the adoption was finalized, or if the adoption was finalized outside the state of Washington, with the superior court of the county in which the adopted person resides. The certified statement shall be placed at the front of the court file. When the statement includes a request for confidentiality or a refusal to consent to the disclosure of identifying information, a prominent notice stating substantially the following shall also be placed at the front of the court file: "AT THE REQUEST OF THE ADOPTEE, ALL RECORDS AND INFORMATION RELATING TO THIS ADOPTION ARE SEALED EXCEPT IN CASES OF MEDICAL EMERGENCY. IT IS UNLAWFUL TO RELEASE ANY RECORDS OR INFORMATION FROM THIS FILE WITHOUT A COURT ORDER FINDING THE RELEASE TO BE NECESSARY FOR A MEDICAL EMERGENCY."
(4) An adopted person who files a certified statement under subsection (1) of this section may subsequently file another certified statement requesting the court to rescind or amend the prior certified statement.
(5) The court and any confidential intermediary shall comply with a request properly certified and filed under this section by an adoptee.
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