2001 SESSION

01-0818

05/09

HOUSE BILL 449

COMMITTEE: Children and Family Law

ANALYSIS

This bill permits adoptees 18 years of age or older to access records relative to their adoption and the medical history of their biological parents. The bill also permits adoptees 18 years of age or older who were born in New Hampshire to obtain an unaltered copy of their birth certificate.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0818

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Adoption; Confidentiality of Records. Amend RSA 170-B:19 to read as follows:

170-B:19 Confidentiality of Records. Notwithstanding any other law concerning public hearings and records:

I. All hearings held in adoptive proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties.

II. All papers and records, including birth certificates, pertaining to the adoption, whether part of the permanent record of the court or of a file in the division, in an agency or office of the town clerk or the bureau of vital records and health statistics are subject to inspection [only upon written consent of the court for good cause shown, except as otherwise provided in this section] by an adoptee 18 years of age or older. Upon the request of an adoptee [over 21] 18 years of age or older, or a natural parent of an adoptee [over 21] 18 years of age or older, for information concerning the adoptee or natural parent, the court shall refer the adoptee or natural parent to the child-placing agency which completed the investigation required under RSA 170-B:14.

[II-a.] III. Upon the request of an adoptee [over 21] 18 years of age [or an adoptive parent,] or older, the department or agency involved in the adoption shall release information relating to the health history of the natural parent and blood relatives, [or, non-identifying background information of the natural parent and blood relatives] on forms approved by the department. [The department or the agency shall delete any information from the health history or background which would tend to identify a natural parent.

II-b. Upon the signing of a relinquishment or consent, or at a later time, a natural parent may sign a release of information, which shall be filed in the records of the licensed child-placing agency conducting the investigation under RSA 170-B:14, authorizing the agency to release identifying information to an adoptee over 21 years of age who wishes to contact a natural parent. A separate form for the release of identifying information shall be signed by each natural parent. A natural parent may, at any time, revoke or amend such release of information. The person signing the release of information or its revocation, or the person's agent, shall file a copy of such release or revocation with the child-placing agency, if any, and the court in which the adoption petition was filed. The release of information shall contain the social security number of the parent. The social security number shall be used only for purposes of locating the parent and shall not be otherwise released.

II-c.] IV. When an agency receives a request by an adoptee [over 21] 18 years of age or older, the agency shall, [if a release of information has been signed and has not been revoked,] release identifying information to the adoptee and upon written application to the state registrar of vital records and health statistics, any adoptee 18 years of age or older born in New Hampshire shall be issued a certified copy of his or her unaltered, original, and unattended certificate of birth in the custody of the state registrar, with procedures and filing fees identical to those imposed upon non-adopted citizens of New Hampshire under RSA 126:15. [The agency shall only release identifying information about a natural parent if that natural parent has:

(a) Signed a release; and

(b) Been contacted, if possible, by the agency, and reaffirmed the natural parent's desire to be contacted.

II-d. When an agency receives a request by an adoptee over 21 years of age, or a natural parent of an adoptee over 21 years of age, if no release of information has been signed, the agency may, after review of its records, attempt to contact the natural parent, or adoptee over 21 years of age, to ascertain if they desire to release identifying information. If a natural parent who has consented to the adoption, or relinquished his or her parental rights to a child-placing agency, or whose parental rights were terminated pursuant to RSA 170-C, and the adoptee over 21 years of age agree to the release of identifying information, the agency shall release it. If the parties do not agree, or if they cannot be contacted, the adoptee over 21 years of age, a natural parent, or the agency may petition the court having jurisdiction for the release of identifying information. The agency shall file a report of the agency's action with the court. The court shall on its own motion or on request of any party hold a hearing on the issue of releasing identifying information. The agency involved shall receive notice of the hearing and be entitled to participate in any hearing under this section.

III. Any person violating this section shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.

IV.] V. Nothing contained in this section shall prevent the department or the child placing agency from sharing with the adoptive parents all information it has available about the child being placed for adoption. The department or the child placing agency shall delete any information which would tend to identify a natural parent.

2 Disclosure of Information from Vital Records. Amend RSA 126:14, I to read as follows:

I. The registrant, a member of [his] the registrant's immediate family, [his] the registrant's guardian, [or] their respective legal representatives, or an adoptee under RSA 170-B:19 shall be considered to have a direct and tangible interest. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.

3 New Paragraph; Disclosure of Information From Vital Records; Adoptees Access to Records. Amend RSA 126:14 by inserting after paragraph VII the following new paragraph:

VIII. Adoptees shall be entitled to the disclosure of any medical or health information concerning themselves or their biological parents.

4 Effective Date. This act shall take effect 60 days after its passage.