HOUSE BILL REPORT

HB 1602

BYRepresentatives Brekke, Patrick, Dellwo, Moyer, Nelson, Holland, Crane, S. Wilson, P. King, R. Fisher, Todd, Anderson, Cole, Leonard, Heavey, K. Wilson, Rust, Rayburn, Pruitt, Kremen and Wineberry

Establishing an adoption disclosure procedure.

House Committe on Human Services

Majority Report:  Do pass.  (6)

      Signed by Representatives Bristow, Chair; Moyer, Ranking Republican Member; Brekke, Leonard, Raiter and Winsley.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Scott, Vice Chair; Tate, Assistant Ranking Republican Member; Hargrove and Padden.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

When Washington State's adoption laws were passed in 1984, they included a provision for sealing adoption records and not allowing them to be opened unless the court was petitioned and issued an order showing good cause why the records should be opened.  Good cause is not defined in statute and varies according to judicial discretion.  Non-identifying information relating to medical history may be released without court order upon receipt of a verified written request from the adoptive parent, the adoptee, or the natural parent.

No statutory procedure exists for naming a disinterested third party as a confidential intermediary to explore the possibility of re-establishing contact between the birth parent(s) and the child.

SUMMARY:

A petition for disclosure of the identity of the natural parent or natural child may be filed with the court by an adult adopted child, an adoptive parent, a natural parent, or an adult blood relative of the adult adoptee or natural parent.

After a petition has been filed, the court may appoint a confidential intermediary to conduct a search for the natural parent or child and report back to the court no later than one year after the appointment.  Prior to contact with an adoptee of less than 25 years of age who either resides with the adoptive parent or is a dependent of the adoptive parent, written consent of any living adoptive parent must be obtained.

If the intermediary locates the party, they must inquire whether the party desires his or her identity to be known, but not identify the petitioner.  If the party consents, the intermediary shall obtain the consent in writing and present it to the court.  The court may order release of the name to the petitioner and arrange contact. If the party refuses, the refusal shall be reported to the court and no further inquiry made without judicial approval.

The intermediary is authorized to review relevant records subject to court denial for good cause. A signed confidentiality statement is required from the intermediary.  The intermediary may receive reimbursement from the petitioner for expenses and a reasonable fee in addition to expenses as authorized by the court.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Laurie Lippold, Children's Home Society; Marlene Funk, Adoptive Parent.

House Committee - Testified Against:      Larry Stevens, Adoptive Parent.

House Committee - Testimony For:    Adult adoptees should be able to have a confidential intermediary make a discreet inquiry into the identity of their natural parents. This type of procedure will protect the identity of any party who does not want to be identified or have contact made with them. More and more adoptees want to know about their natural parents and their natural family history. Just non-identifying medical information is not adequate.

House Committee - Testimony Against:      Adoptive children, regardless of their age, have no right to learn about their natural parents.  Their adoptive parents are now their family.  Curiosity about one's biological family is not a good enough reason to open up what could be a painful situation.  Natural parents who have made the difficult decision to give up a child should not be bothered later in life by even an intermediary.