N.C. Gen. Stat. § 48-9-109

Current through Session Law 2024-58
Section 48-9-109 - Certain disclosures authorized

Nothing in this Article shall be interpreted or construed to prevent:

(1) An employee of a court, agency, or any other person from:
a. Inspecting permanent, confidential, or sealed records, other than records maintained by the State Registrar, for the purpose of discharging any obligation under this Chapter.
b. Disclosing the name of the court where a proceeding for adoption occurred, or the name of an agency that placed an adoptee, to an individual described in G.S. 48-9-104(a) who can verify his or her identity.
c. Disclosing or using information contained in permanent and sealed records, other than records maintained by the State Registrar, for statistical or other research purposes as long as the disclosure will not result in identification of a person who is the subject of the information and subject to any further conditions the Department may reasonably impose.
d. Giving a file-stamped copy of a document to a person, or to the legal representative of a person, who has filed the document in an adoption proceeding.
(2) In agency placements, a parent or guardian placing a child for adoption and the adopting parents from authorizing an agency to release information or from releasing information to each other that could reasonably be expected to lead directly to the identity of an adoptee, an adoptive parent of an adoptee, or an adoptee's placing parent or guardian. The consent to the release of identifying information shall be in writing and signed prior to the adoption by any placing parent or guardian and the adopting parents and acknowledged under oath in the presence of an individual authorized to administer oaths or take acknowledgments. Any consent to release identifying information shall be filed under G.S. 48-2-305.
(3) The Division from sharing information from its records regarding the identity of birth parents with an agency acting as a confidential intermediary pursuant to G.S. 48-9-104(b), if the information is needed by the agency to carry out its duties as a confidential intermediary. Any information disclosed to the agency pursuant to this subdivision shall not be redisclosed by the agency except as allowed by G.S. 48-9-104(b).

N.C. Gen. Stat. § 48-9-109

Amended by 2019 N.C. Sess. Laws 172,s. 9, eff. 10/1/2019.
Amended by 2012 N.C. Sess. Laws 16,s. 9, eff. 10/1/2012.
Amended by 2007 N.C. Sess. Laws 262,s. 4, eff. 1/1/2008.
Amended by 2001-150, s. 13, eff. 11/1/2001.
1995, c. 457, s. 2.