Disclosure of Information in Adoptions

Division 13, Part 2, Chapter 7 concerns the disclosure of information related to the adoption of unmarried minors in this state.

Section 9200 states that the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the superior court.

A judge of the superior court may not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition or any portion of any of these documents, except in exceptional circumstances and for good cause approaching the necessitous. The petitioner may be required to pay the expenses for preparing the copies of the documents to be inspected.

Section 9201 states that neither the department nor a licensed adoption agency is allowed to release information that would identify persons who receive, or have received, adoption services. Employees of the department and licensed adoption agencies are required to release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services.

The department and any licensed adoption agency may make adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research.

Section 9202 requires the department or licensed adoption agency that made a medical report to provide a copy of the medical report, in the manner the department prescribes by regulation, to any of the specified persons upon the person’s request.

Section 9202.5 requires the laboratory that is storing a blood sample to provide access to the blood sample to only the specified persons upon the person’s request. The birth parent or parents must be given access to any DNA test results related to the blood sample on request.

Section 9203 requires the department or a licensed adoption agency to do three specified activities. The department prescribes the form of the request required by this section. Within 20 working days of receipt of a request for information pursuant to this section, the department must either respond to the request or forward the request to a licensed adoption agency that was a party to the adoption.

Section 9203.1 requires the department or a licensed adoption agency to disclose, upon the request of a prospective adoptive parent, an adoption homestudy and any updates to an adoption homestudy to a county or licensed foster family agency for the purpose of approving the prospective adoptive parent as a resource family. The department or a licensed adoption agency may charge a fee to cover the reasonable costs of processing requests.

Section 9204 says that, if an adult adoptee and the adult adoptee’s birth parents have each filed a written consent with the department or licensed adoption agency, the department or licensed adoption agency may arrange for contact between those persons. Neither the department nor a licensed adoption agency may solicit, directly or indirectly, the execution of a written consent.

Section 9205 requires the department, county adoption agency, or licensed adoption agency that joined in the adoption petition to release the names and addresses of siblings to one another if both of the siblings have attained 18 years of age and have filed the three required items with the department or agency.

Section 9206 requires the department or licensed adoption agency to release any letters, photographs, or other items of personal property in its possession to an adoptee, birth parent, or adoptive parent, upon written request. The material may be requested by any of the three specified persons.

Section 9208 requires the clerk of the superior court entering a final order of adoption concerning an Indian child to provide the United States Secretary of the Interior or a designee with a copy of the order within 30 days of the date of the order, together with any information necessary to show four specified items of information.

Section 9209 states that, upon application by an Indian individual who has reached the age of 18 years and who was the subject of an adoptive placement, the court which entered the final decree of adoption is required to inform that individual of the tribal affiliation, if any, of the individual’s biological parents and provide any other information as may be necessary to protect any rights flowing from the individual’s tribal relationship, including, but not limited to, tribal membership rights or eligibility for federal or tribal programs or services available to Indians.