SB 1267

Present law generally requires adoption records and other information concerning an adoption be placed and remain under seal. However, confidentiality may be disclosed if certain circumstances are met, including such adoption was finalized, filed, or abandoned on or after Mar c h 16, 1951. If certain requirements are met, such records must be released if they are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services ("department""), or in any other information source. ELIGIBLE PERSONS This bill provides that the following eligible persons must receive sealed adoption reco rds upon request:  An adopted person who is 18 or emancipated.  An adoptive parent of an adopted child who is under 18.  A representative of the department when the department receives a report that a child, an adoptive child's sibling, or the adopted child is the alleged victim of abuse or neglect. This release of information is limited to certain necessary information.  A representative of the department when a legal case involving an adoptive child is filed against the department.  A district attorney general when the district attorney general requests information necessary to investigate or prosecute child abuse or neglect. AGE REQUIREMENTS Present law requires a person to be at least 21 in all of the following circumstances:  Generally, access to identifying information in adoption records may not be granted to any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under 21.  Adoption records may be released to the parents, siblings, lineal descendants, or lineal ancestors of an adopted person, or of a person for whom records are maintained, if such person is at least 21 and gives express written consent.  A notification that must be made as part of a search, contact, or identifying request for an adopted person, biological or legal relative, or a person for whom records are maintained, must be made to such persons who are at least 21 or to the legal representative of such persons.  The decision to permit contact or to permit the disclosure of information must be made, as the case may be (i) by the adopted person, or a person for whom records are maintained, who is 21 or older, or such person's legal representative; (ii) by the parents or by the legal representative of the biological or legal relative, who is under 21, of the adopted person or person for whom records are maintained; or (iii) by those other persons needing notification, who are 21 or older, or by the known legal representative of any such persons. This bill changes the minimum age from 21 to 18 for all of the above. RECORDS PERTAINING TO DECEASED PERSON Present law provides that if an adopted person, or a person for whom records are maintained, is deceased, then the lineal descendants of such person may petition the court to be given access to the records of such person. This bill provides that if the consenting party is deceased, then identifying information from the sealed records may be released to the adopted person or to parents, siblings, lineal descendants, or lineal ancestors of the adopted person or of a person for whom records are maintained. Present law prohibits identifying information from sealed records be released without the written consent of the biological parent, if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed, then the lineal descendants of such person may petition the court to be given access to identifying information of the biological parent. This bill provides that, if a biological parent for whom records contain such information is deceased, then identifying information from the sealed records may be released to the adopted person."