SEARCH INFORMATION
Effective
January 1, 2008 North Carolina House Bill 445 made changes to adoption
statutes G. S. 48-9-101, 48-9-109,
and 48-9-104 allowing adult adoptees, biological parents, adoptive
parents of children under the age of 18, and lineal descendents of
deceased adoptees (known here after as “Requesters”)
to seek updated family health information through agencies referred
to as Confidential Intermediaries. Adult adoptees, biological parents,
and lineal descendents may also share identifying information and/or
meet each other, if all parties are consenting. This is only through
the search and supportive services of a Confidential Intermediary.
Review Confidential Intermediary statues at http://www.ncleg.net/sessions/2007/bills/house/pdf/h445v4.pdf
.
Adoption
records in North Carolina are sealed, by statute, at the time the
adoption is finalized and remain closed to the public.
However, Confidential Intermediaries have access to adoption records
to allow searches on behalf of adult adoptees age 21 and over,
biological parents, adoptive parents of children under the age
of 18, and lineal
descendents of a deceased adoptee and share adoptive information
when parties consent.
Non-identifying
information, health history, from the adoption record can be shared
with an adoptee by the approving agency without
Confidential
Intermediary service. Non-identifying information that may be
released includes the date, time of birth, and weight at the time
of birth
of the adoptee and the reason the adoptee was placed for adoption.
In addition, background information about the birth family, including
age, nationality, ethnic background, race, religious preference,
educational level, general physical description and any other
general information may be provided. The health history of the
birth parents
and other relatives that might have an affect on the adoptee's
mental or physical health, which is gathered at the time of the
adoption,
may be contained in the case record. If an individual desires updated health/social history, this information can
be
gathered and shared by a Confidential Intermediary upon consent.
Non–identifying information about the present circumstances
of an adult adoptee can be shared with the adoptee’s adult
biological sibling, the guardian of a minor sibling, or the adoptee’s
former parent on request according to G.S. 48-9-103(f).
If a requester is seeking this information and knows which county
Department of Social Services or private child-placing agency
placed the adoptee for adoption or supervised their adoption,
he/she should
contact that particular agency in writing and request their
non-identifying health and/or social history information,
and/or Confidential
Intermediary Services. Requesters that do not know which agency
was involved,
may contact the North Carolina State Division of Social Services
at 325 N. Salisbury Street, 2425 Mail Service Center, Raleigh,
North Carolina 27699-2425 in writing, with a photocopy I.D.,
and request
this information. The State Office will identify the approving
agency and refer the requester for non-identifying information
and Confidential
Intermediary services if desired. If the approving adoption
agency is not providing Confidential Intermediary Services,
this agency
should refer the requester to another licensed Confidential
Intermediary provider.
If
the approving adoption agency receives information from an adoptee's
birth parent or from an adoptee's birth relative about
a health or
genetic condition that may affect the health of the adoptee
or the adoptee's child, an appropriate agency employee shall make
a reasonable
effort to contact and forward the information to an adoptee
who
is 18 or more years of age, or an adoptive parent of an adoptee
who
is under 18 years of age.
Pursuant
to G. S. 48-9-105, an adoptee, birth parent, or biological sibling
may file a motion with the Clerk of Superior Court
of original jurisdiction (county in which adoption proceeding
filed)
to have
the adoptee’s record opened. Pursuant to G. S. 48-9-106, an
adoptee, birth parent, or birth sibling may file a motion with the
Clerk of Superior Court of original jurisdiction (county in which
adoption proceeding filed) to obtain a certified copy of the adoptee’s
original birth certificate from North Carolina Vital Records. If
it is not known in which county the adoption was filed, the Division
of Social Services can be contacted at the address above to provide
that information. This is usually done after an adoptee has been
given all available non-identifying information and any health and/or
social history that is permitted by statute. Access to birth relatives
who are able to provide updated medical history may be crucial in
treatment or preventive medical care. If the adoptee continues to
feel the need for identifying information, he/she should draft a
motion giving his/her reason for wanting the adoption record opened.
A hearing is then held and a decision is made based on “primary
consideration to the best interest of the adoptee” with
due consideration to the interest of other family members.
If the court
issues an order to release identifying information from the
adoption record to the adoptee, the order is directed to
the approving adoption
agency and to the North Carolina Division of Social Services.
In
summary, since North Carolina adoption laws changed effective January
1, 2008, Social Services agencies and licensed private
adoption agencies may assist the requester in the search
for updated health
and/or social information from biological relatives. There
is also the Confidential Intermediary statutory provision
to assist
adoptees,
birth parents, and lineal descendents of deceased adoptees
in their efforts to contact each other. The following link
will
take you to
a list of Confidential Intermediary agencies in North Carolina: http://www.ncdhhs.gov/dss/adoption/agencies_and_counties_with_ci_services.pdf.
You may access a question and answer document regarding
the Confidential Intermediary process at the following:
http://www.ncdhhs.gov/dss/adoption/qa_confidential_intermediary.pdf
North Carolina Based Search/Registry Groups
• Kinsolving Investigations
P. 0. Box 1917
Matthews, North Carolina 28106
Christine Lee, President
(704) 537-5919
• Adoption
Information Exchange
P. 0. Box 1917
Matthews, North Carolina 28106
Christine Lee, President
(704) 846-8025
Nationally-Based Adoption Search/Registry Resources
• International Soundex Reunion Registry
P.O. BOX 371179
Las Vegas, NV 89137
(775) 882-7755
• www.isrr.net/registration.shtml
• The ALMA
Society
P.O.Box 85
Denville, NJ 07834
www.almasociety.org/
• Concerned
United Birthparents (CUB)
2000 Walker Street
Des Moines, Iowa 50317
1-800-822-2777
• American
Adoption Congress
1000 Connecticut Avenue, NW, Suite 9
Washington, D. C. 20036
(202) 483-3399