Section 31-19-25.5-5 - Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information(a) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of a pre-adoptive sibling to an adoptee who submits a written request under section 2 of this chapter if: (1) the pre-adoptive sibling of the adoptee has submitted a written request under section 2 of this chapter; and(2) a birth parent has not filed a: (A) written nonrelease form (before July 1, 2018); or(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.(b) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of an adoptee to a pre-adoptive sibling of the adoptee who submits a written request under section 2 of this chapter if:(1) the adoptee has submitted a written request under section 2 of this chapter; and(2) a birth parent has not filed a: (A) written nonrelease form (before July 1, 2018); or(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.(c) Except as provided under subsection (f), the state registrar shall release information under this section if: (1) both the adoptee and pre-adoptive sibling of the adoptee have submitted requests under section 2 of this chapter; and(2) the adoptee or pre-adoptive sibling who requested information under section 2 of this chapter submits: (C) any other form of evidence approved by the Indiana department of health; indicating that a birth parent is deceased to the state registrar for each birth parent who is named on the adoptee's original birth certificate.
(d) The state registrar shall search the death certificates and the STEVE system in the state registrar's possession regarding a birth parent if:(1) an adoptee and a pre-adoptive sibling of the adoptee have submitted written requests to be in contact; and(2) a birth parent has filed a contact preference form under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.(e) Except as provided under subsection (f), if, upon searching the death certificates and the STEVE system under subsection (d), the state registrar finds that a birth parent is deceased, the state registrar shall:(1) inform the adoptee and pre-adoptive sibling of the death; and(2) release the information if additional consent is not required by this chapter.(f) The state registrar may not release information under this section to an adoptee or pre-adoptive sibling if: (1) additional consent is required under this chapter; or(2) a: (A) nonrelease form (before July 1, 2018); or(B) contact preference form (after June 30, 2018) that evidences the birth parent's lack of consent to the release of identifying information; submitted by a birth parent specifically states that the nonrelease form or contact preference form shall remain in effect after the birth parent's death.
(g) If the state registrar is prohibited from releasing the name and address of the pre-adoptive sibling under this section, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee or pre-adoptive sibling.Amended by P.L. 56-2023,SEC. 295, eff. 7/1/2023.Amended by P.L. 3-2016, SEC. 27, eff. 7/1/2018.Amended by P.L. 6-2012, SEC. 205, eff. 2/22/2012.Added by P.L. 191-2011, SEC. 55, eff. 7/1/2011.