SENATE 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

Senate Committee on Children & Family Services

Senate Hearing Date(s):March 21, 1989

Senate Staff:Carol Pedigo (786-7417)

AS OF MARCH 21, 1989

BACKGROUND:

Washington law requires that adoption records be sealed and not opened unless good cause is shown in court.  Good cause is not defined in statute and varies according to judicial discretion.  However, 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:

The non-identifying information which is allowed to be provided to adoptive parents by DSHS and adoption agencies is no longer required to be for medical purposes only.

A petition for disclosure of the identity of the natural parent or natural child may be filed with the court by an adult adoptee, an adoptive parent, a natural parent, or an adult blood relative of the adult adoptee or natural parent.  Petitions may not be filed before the adoptee is 18 years old.

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 within one year.  Written consent of any living adoptive parent must be obtained prior to contact with an adoptee who is less than 25 years of age and either resides with the adoptive parent or is a dependent of the adoptive parent.

If the intermediary locates the party and they consent to disclose their identity, 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 although the court has the right to deny access to certain material 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available