AN ACT Relating to
certified statements filed by adult adoptees concerning disclosure of adoption
records; amending RCW 26.33.330 and 26.33.343; 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 department of health a certified
statement declaring any one or more of the following:
(a) 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;
(b) 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;
(c) 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;
(d) The current name,
address, and telephone number of the adoptee who desires to be contacted.
(2) The certified
statement shall be filed with the department of health and placed with the
adoptee's original birth certificate if the adoptee was born in this state, or
in a separate registry file for reference purposes if the adoptee was born in
another state or outside of the United States. 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 file: "AT THE REQUEST OF THE
ADOPTEE, ALL RECORDS AND IDENTIFYING INFORMATION RELATING TO THIS ADOPTION
SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISCLOSED OR RELEASED WITHOUT A
COURT ORDER SO DIRECTING."
(3) An adopted person
who files a certified statement under subsection (1) of this section may
subsequently file another certified statement requesting to rescind or amend
the prior certified statement.
Sec. 3. RCW 26.33.330 and 1990 c
145 s 3 are each amended to read as follows:
(1) All records of any
proceeding under this chapter shall be sealed and shall not be thereafter open
to inspection by any person except upon order of the court for good cause
shown, or except by using the procedure described in RCW 26.33.343. In
determining whether good cause exists, the court shall consider any certified
statement on file with the department of health as provided in section 2 of
this act.
(2) The state registrar
of vital statistics may charge a reasonable fee for the review of any of its
sealed records.
Sec. 4. RCW 26.33.343 and 1990 c
145 s 1 are each amended to read as follows:
(1) An adopted person
over the age of twenty-one years, or under twenty-one with the permission of
the adoptive parent, or a birth parent or member of the birth parent's family
after the adoptee has reached the age of twenty-one may petition the court to appoint
a confidential intermediary. A petition under this section shall state
whether a certified statement is on file with the department of health as
provided for in section 2 of this act and shall also state the intent of the
adoptee as set forth in any such statement. The intermediary shall search
for and discreetly contact the birth parent or adopted person, or if they are
not alive or cannot be located within one year, the intermediary may attempt to
locate members of the birth parent or adopted person's family. These family
members shall be limited to the natural grandparents of the adult adoptee, a
brother or sister of a natural parent, or the child of a natural parent. The
court, for good cause shown, may allow a relative more distant in degree to
petition for disclosure.
(2)(a) Confidential
intermediaries appointed under this section shall complete training provided by
a licensed adoption service or another court-approved entity and file an oath
of confidentiality and a certificate of completion of training with the
superior court of every county in which they serve as intermediaries. The
court may dismiss an intermediary if the intermediary engages in conduct which
violates professional or ethical standards.
(b) The confidential
intermediary shall sign a statement of confidentiality substantially as
follows:
I,
. . . . . ., signing under penalty of contempt of
court, state: "As a condition of appointment as a confidential
intermediary, I affirm that, when adoption records are opened to me:
I will not disclose to
the petitioner, directly or indirectly, any identifying information in the
records without further order from the court.
I will conduct a
diligent search for the person being sought and make a discreet and
confidential inquiry as to whether that person will consent to being put in
contact with the petitioner, and I will report back to the court the results of
my search and inquiry.
If the person sought
consents to be put in contact with the petitioner, I will attempt to obtain a
dated, written consent from the person, and attach the original of the consent
to my report to the court. If the person sought does not consent to the
disclosure of his or her identity, I shall report the refusal of consent to the
court.
I will not make any
charge or accept any compensation for my services except as approved by the
court, or as reimbursement from the petitioner for actual expenses incurred in
conducting the search. These expenses will be listed in my report to the
court.
I recognize that unauthorized
release of confidential information may subject me to civil liability under
state law, and subjects me to being found in contempt of court."
/s/
date
(c) The confidential
intermediary shall be entitled to reimbursement from the petitioner for actual
expenses in conducting the search. The court may authorize a reasonable fee in
addition to these expenses.
(3) If the confidential
intermediary is unable to locate the person being sought within one year, the
confidential intermediary shall make a recommendation to the court as to
whether or not a further search is warranted, and the reasons for this recommendation.
(4) In the case of a
petition filed on behalf of a natural parent or other blood relative of the
adoptee, written consent of any living adoptive parent shall be obtained prior
to contact with the adoptee if the adoptee:
(a) Is less than
twenty-five years of age and is residing with the adoptive parent; or
(b) Is less than
twenty-five years of age and is a dependent of the adoptive parent.
(5) If the confidential
intermediary locates the person being sought, a discreet and confidential
inquiry shall be made as to whether or not that person will consent to having
his or her present identity disclosed to the petitioner. The identity of the
petitioner shall not be disclosed to the party being sought. If the party
being sought consents to the disclosure of his or her identity, the
confidential intermediary shall obtain the consent in writing and shall include
the original of the consent in the report filed with the court. If the party
being sought refuses disclosure of his or her identity, the confidential
intermediary shall report the refusal to the court and shall refrain from
further and subsequent inquiry without judicial approval.
(6)(a) If the
confidential intermediary obtains from the person being sought written consent
for disclosure of his or her identity to the petitioner, the court may then
order that the name and other identifying information of that person be
released to the petitioner.
(b) If the person being
sought is deceased, the court may order disclosure of the identity of the deceased
to the petitioner.
(c) If the
confidential intermediary is unable to contact the person being sought within
one year, the court may order that the search be continued for a specified time
or be terminated.
