SENATE BILL REPORT

SB 5207

BYSenators Bailey, Kreidler, Craswell, Conner and Smith

Establishing an adoption disclosure procedure.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 31, 1989; February 15, 1989

Majority Report:  That Substitute Senate Bill No. 5207 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Carol Pedigo (786-7417)

                  February 15, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 15, 1989

BACKGROUND:

After an adoption is finalized, adoptees and natural parents may only learn each other's identities if they petition a court and show "good cause."  "Good cause" is not defined by statute and varies according to judicial discretion.  However, these parties may receive nonidentifying information about each other for medical purposes from adoption agencies and the Department of Social and Health Services without a court order.

SUMMARY:

Procedures are established to allow adult adoptees, adoptive parents, natural parents and blood relatives to petition the court to initiate contact with the adoptee, or natural parent after an adoption is final.  Petitions may not be filed before an adoptee is 18 years old, and the adoptee or natural parent must consent in writing before his or her identity may be disclosed.  Adoptive parents must also consent if the adoptee is less than 25 years old and resides with the adoptive parents or is a dependent.

The court may appoint a confidential intermediary to search for and initiate contact with the adoptee or natural parent, in accordance with specified procedures.  The confidential intermediary may review agency, court and Department of Social and Health Services files unless the court denies disclosure for good cause.  The petitioner is responsible for all costs, including a reasonable fee authorized by the court.

EFFECT OF PROPOSED SUBSTITUTE:

Language was added to make it clear that a court order must be presented to an adoption agency before they can allow a search of their relevant files.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Laurie Lippold, Children's Home Society (pro); Dave Richardson, Children's Home Society (pro); Representative Joanne Brekke (pro); Celia Fritz, Adoption Center of Washington (pro); Thomas LaBelle, King County GAL (pro); Carole Vandenbos, WARM (pro)