AN ACT Relating to adoption; amending RCW 26.33.330 and 26.33.340; and adding new sections to chapter 26.33 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 33, chapter 155, Laws of 1984 and RCW 26.33.330 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 sections 3 and 4 of this 1989 act.

(2) The state registrar of vital statistics may charge a reasonable fee for the review of any of its sealed records.

Sec. 2. Section 34, chapter 155, Laws of 1984 and RCW 26.33.340 are each amended to read as follows:

Department and agency files regarding an ((~~adoptee~~)) adoption shall be confidential except the department or agency may disclose nonidentifying information ((~~necessary for medical purposes~~)) upon the receipt of a verified written request for the information from the adoptive parent, the adoptee, or the natural parent. Identifying information may also be disclosed through the procedure described in sections 3 and 4 of this 1989 act.

NEW SECTION. Sec. 3. A new section is added to chapter 26.33 RCW to read as follows:

(1) An adult adoptee or an adoptive parent may file a petition with the court for disclosure of the identity of the natural parent of the adoptee.

(2) A natural parent may file a petition with the court for disclosure of the identity of his or her natural son or daughter. This petition shall not be filed before the adoptee's eighteenth birthday.

(3) An adult blood relative of the adoptee, or the natural parent, may file a petition with the court for disclosure of the identity of the adoptee. This petition shall not be filed until the adoptee's eighteenth birthday.

(4) A petition for disclosure under this section shall contain the following information:

(a) Name and identification of the petitioner;

(b) Address of the petitioner;

(d) County and state of adoption, if known, and date of adoption, if known; and

(e) Any information known to the petitioner concerning the natural parents, the adoptive parents, and the adoptee which would help in locating the person sought.

(5) A petition for disclosure under this section may be filed under the original cause number.

NEW SECTION. Sec. 4. A new section is added to chapter 26.33 RCW to read as follows:

(1) After a petition for disclosure has been filed under section 3 of this act, the court may appoint a confidential intermediary who shall:

(a) Refrain from disclosing directly, or indirectly, any identifying information to the petitioner until so ordered by the court;

(b) Conduct a search for the natural parent, adult adoptee, or other relatives as requested by the petition; and

(2) 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.

(3) 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.

(4) 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.

(5) The confidential intermediary shall be permitted to inspect relevant records of the court, an agency, or the department for use in the search. The court may deny inspection of the records, in whole or in part, upon a showing of good cause. The confidential intermediary shall not divulge the contents of these files or the results of the search, except as authorized by the court.

(6) The court may request the confidential intermediary to help arrange contact between the petitioner and the person being sought.

(7) 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.

(8) 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...

(9)(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.