48-9-101. [Note: Effective July 1, 1996.] Records defined.
For purposes of this Article, "records" means any petition, affidavit,
consent or relinquishment, transcript or notes of testimony,
deposition, power of attorney, report, decree, order, judgment,
correspondence, document, invoice, receipt, certificate, or other
printed, written, microfilmed or microfiched, video-taped or tape-recorded
material or electronic data processing records regardless of
physical form or characteristics pertaining to a proceeding for
adoption under this Chapter.
(1995, c. 457, s. 2.)
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48-9-102. [Note: Effective July 1, 1996.] Records confidential and sealed.
(a) All records created or filed in connection with an adoption,
except the decree of adoption, and on file with or in the possession of
the court, an agency, the State, a county, an attorney, or other
provider of professional services, are confidential and may not be
disclosed or used except as provided in this Chapter.
(b) During a proceeding for adoption, records shall not be open to
inspection by any person except upon an order of the court finding
that disclosure is necessary to protect the interest of the adoptee.
(c) When a decree of adoption becomes final, all records and all
indices of records on file with the court, an agency, or this State shall
be retained permanently and sealed. Sealed records shall not be
open to inspection by any person except as otherwise provided in
this Article.
(d) Records must be sent by the clerk of superior court to the
Division in the following order:
(1) Within 10 days after the petition is filed with the clerk of the
superior court, a copy of the petition giving the date of the
filing of the original petition and the original of each
consent and relinquishment must be filed by the clerk with
the Division.
(2) Within 10 days after the decree of adoption is entered, the
clerk must file with the Division the additional documents
filed pursuant to G.S. 48-2-305, any report to the court, any
additional documents submitted and orders entered, and a
copy of the final order.
(e) The Division must cause the papers and reports related to the
proceeding to be permanently indexed and filed.
(f) The Division shall transmit a report of the adoption of a minor
and any name change to the State Registrar if the minor was born
in this State, or to the appropriate official responsible for issuing
birth certificates or their equivalent if the minor was not born in this
State.
(g) In the adoption of an adult born in this State in which the
name of the adoptee is changed, the clerk of superior court shall,
within 10 days after the decree of adoption is entered, send the State
Registrar a copy of the final order, any separate order of name
change, and a report in a form acceptable to the State Registrar
containing sufficient information for a new birth certificate. In the
adoption of an adult who was not born in this State, the clerk shall
transmit a copy of the final order and any other required information
to the adoptee.
(1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186; 1967, c. 619, ss. 6, 7;
c. 880, s. 3; 1969, c. 21, ss. 3-6; c. 982; 1971, c. 1231, s. 1; 1973,
c. 476, s. 138; c. 849, s. 3; 1975, c. 91; 1979, c. 739, ss. 1, 2; 1981,
c. 657; c. 924, ss. 2, 3; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s.
219(4); 1993, c. 539, s. 411; c. 553, s. 14; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 457, s. 2.)
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48-9-103. [Note: Effective July 1, 1996.] Release of nonidentifying
information.
(a) An adoptive parent, an adoptee who is an adult at the time of
the request, or a minor adoptee who is a parent or an expectant
parent may request a copy of any document prepared pursuant to
G.S. 48-3-205 and a copy of any additional nonidentifying health-related
information about the adoptee's original family that has
been submitted to a court, agency, or the Division. A minor seeking
treatment pursuant to G.S. 90-21.1 may request that a copy of this
information be sent to the treating physician.
(b) If a request under this section is made to the agency that
placed the adoptee or prepared the report to the court, the agency
shall furnish the individual making the request or the treating
physician named by a minor making the request with a copy of any
relevant report or information that is included in the sealed records
of the agency. If a request under this section is made to the court
that issued the decree of adoption, the court shall refer the individual
to the Division, or, if known to the court, the agency that placed
the adoptee or prepared the report to the court. The Division may
refer the individual to the agency that prepared the report to the
court. If the agency no longer exists, the Division may furnish the
information to an agency convenient to the requesting party.
(c) Any report or information released under this section shall be
edited by the sender to exclude the name, address, or other information
that could reasonably be expected to lead directly to the
identity of an adoptee at birth or an adoptee's parent at the adoptee's
birth or other member of the adoptee's original family and shall
contain an express reference to the confidentiality provisions of this
Chapter.
(d) An individual who is denied access to a report or information
requested under this section may petition the clerk of original
jurisdiction for review of the reasonableness of the denial.
(e) If the court or the agency receives information from an
adoptee's former parent or from an adoptee's former relative about a
health or genetic condition that may affect the health of the adoptee
or the adoptee's child, an appropriate 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.
(f) Nothing in this section shall prohibit an agency from disclosing
nonidentifying information about the adoptee's present circumstances,
in the nature of information required under G.S. 48-3-205,
to a former parent, an adult sibling, or the guardian of a minor
sibling on request.
(g) The Department shall prescribe a reasonable procedure for
verifying the identity, age, or other relevant characteristics of an
individual who requests or provides a report or information under
this section and the Department, the court, or agency may charge a
reasonable fee for locating and making copies of a report or information.
(h) No request under this section shall be made to the State
Registrar of Vital Statistics.
(1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186; 1969, c. 982; 1973,
c. 476, s. 138; 1979, c. 739, ss. 1, 2; 1981, c. 924, ss. 2, 3; 1983,
c. 454, s. 6; 1993, c. 539, s. 411; 1994, Ex. Sess., c. 24, s. 14(c);
1995, c. 457, s. 2.)
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48-9-104. [Note: Effective July 1, 1996.] Release of identifying
information.
No person or entity shall release from any records retained and
sealed under this Article the name, address, or other information
that reasonably could be expected to lead directly to the identity of
an adoptee, an adoptive parent of an adoptee, an adoptee's parent at
birth, or an individual who, but for the adoption, would be the
adoptee's sibling or grandparent, except upon order of the court for
cause pursuant to G.S. 48-9-105.
(1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186; 1969, c. 982; 1973,
c. 476, s. 138; 1979, c. 739, ss. 1, 2; 1981, c. 924, ss. 2, 3; 1983,
c. 454, s. 6; 1993, c. 539, s. 411; 1994, Ex. Sess., c. 24, s. 14(c);
1995, c. 457, s. 2.)
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48-9-105. [Note: Effective July 1, 1996.] Action for release of
identifying and other nonidentifying information.
(a) Any information necessary for the protection of the adoptee or
the public in or derived from the records, including medical information
not otherwise obtainable, may be disclosed to an individual
who files a written motion in the cause before the clerk of original
jurisdiction. In hearing the petition, the court shall give primary
consideration to the best interest of the adoptee, but shall also give
due consideration to the interests of the members of the adoptee's
original and adoptive family.
(b) The movant must serve a copy of the motion, with written
proof of service, upon the Department and the agency that prepared
the report for the court. The clerk shall give at least five days' notice
to the Department and the agency of every hearing on this motion,
whether the hearing is before the clerk or a judge of the district
court; and the Department and the agency shall be entitled to
appear and be heard in response to the motion.
(c) In determining whether cause exists for the release of the
name or identity of an individual, the court shall consider:
(1) The reason the information is sought;
(2) Any procedure available for satisfying the petitioner's request
without disclosing the name or identity of another
individual, including having the court appoint a representative
to contact the individual and request specific information;
(3) Whether the individual about whom identifying information
is sought is alive;
(4) To the extent known, the preference of the adoptee, the
adoptive parents, the adoptee's parents at birth, and other
members of the adoptee's original and adoptive families,
and the likely effect of disclosure on these individuals;
(5) The age, maturity, and expressed needs of the adoptee;
(6) The report or recommendation of any individual appointed
by the court to assess the request for identifying information;
and
(7) Any other factor relevant to an assessment of whether the
benefit to the petitioner of releasing the information sought
will be greater than the benefit to any other individual of
not releasing the information.
(d) An individual who files a motion under this section may also
ask the court to authorize the release by the State Registrar of a
certified copy of the adoptee's original certificate of birth.
(1949, c. 300; 1985, c. 448; 1995, c. 88, s. 6; 1995, c. 457, s. 2.)
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48-9-106. [Note: Effective July 1, 1996.] Release of original certificate
of birth.
Upon receipt of a certified copy of a court order issued pursuant to
G.S. 48-9-105 authorizing the release of an adoptee's original
certificate of birth, the State Registrar shall give the individual who
obtained the order a copy of the original certificate of birth with a
certification that the copy is a true copy of a record that is no longer
a valid certificate of birth.
(1995, c. 457, s. 2.)
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48-9-107. [Note: Effective July 1, 1996.] New birth certificates.
(a) Upon receipt of a report of the adoption of a minor from the
Division, or the documents required by G.S. 48-9-102(g) from the
clerk of superior court in the adoption of an adult, or a report of an
adoption from another state, the State Registrar shall prepare a new
birth certificate for the adoptee that shall contain the adoptee's full
adoptive name, sex, state of birth, and date of birth; the full name of
the adoptive father, if applicable; the full maiden name of the
adoptive mother, if applicable; and any other pertinent information
consistent with this section as may be determined by the State
Registrar. The new certificate shall contain no reference to the
adoption of the adoptee and shall not refer to the adoptive parents in
any way other than as the adoptee's parents.
(b) In an adoption by a stepparent, the State Registrar shall
prepare a new birth certificate pursuant to subsection (a) of this
section except:
(1) The adoptive parent and the parent whose relation with the
adoptee remains unchanged shall be listed as the adoptee's
mother and father on the new birth certificate; and
(2) The city and county of birth of the adoptee shall be the same
on the new birth certificate as on the original certificate.
The names of the adoptee's parents shall not be changed as
provided in subdivision (1) of this subsection if the petitioner, the
petitioner's spouse, the adoptee if age 12 or older, and any living
parent whose parental rights are terminated by the adoption jointly
file a request that the parents' names not be changed with the court
prior to the entry of the adoption decree. The Division shall send a
copy of this request with its report to the State Registrar or other
appropriate official in the adoption of a minor stepchild, and the
clerk of superior court shall send a copy with the documents
required by G.S. 48-9-102(g) in the adoption of an adult stepchild.
(c) The State Registrar shall seal the original certificate of birth
and all records in the possession of that office pertaining to the
adoption. These records shall not be unsealed except as provided in
this Article. The State Registrar shall provide certified typed copies
or abstracts of the new certificate of birth of an adoptee prepared
pursuant to subsection (a) of this section to the adoptee, the adoptive
parents, and the adoptee's spouse, brothers, and sisters. For purposes
of this subsection, "parent", "brother", and "sister" shall mean
the adoptee's adoptive parent, brother, or sister and shall not mean
a former parent, brother, or sister.
(d) At the time of preparing the new birth certificate pursuant to
subsection (a) of this section, the State Registrar shall notify the
register of deeds or appropriate official in the health department in
the county of the adoptee's birth to remove the adoptee's birth
certificate from the records and forward it to the State Registrar for
retention under seal with the original certificate of birth in the State
Registrar's office. The register of deeds shall also delete all index
entries for that birth certificate. The State Registrar shall not issue
copies of birth certificates for adoptees to registers of deeds. Only the
State Registrar shall issue certified copies of such records, and these
copies shall be prepared as prescribed in subsection (c) of this
section.
(e) The State Registrar may by rule prescribe requirements for
reports of adoptions from other states.
(1949, c. 300; 1951, c. 730, ss. 1-4; 1955, c. 951, s. 1; 1967, c. 880,
s. 3; c. 1042, ss. 1-3; 1969, c. 21, s. 2-6; c. 977; 1971, c. 1231,
s. 1; 1973, c. 476, s. 128; c. 849, ss. 1-3; 1975, c. 91; 1981, c. 657;
1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(3), (4); 1993, c. 553,
s. 14; 1995, c. 457, s. 2.)
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48-9-108. [Note: Effective July 1, 1996.] Restoration of original birth
certificates if a decree of adoption is set aside.
If a final decree of adoption is set aside, the court shall send a
certified copy of the order within 10 days after it becomes final to the
State Registrar if the adoptee was born in this State or to the
appropriate official responsible for issuing birth certificates or their
equivalent if the adoptee was not born in this State. The court shall
also send a copy to the Division. If the adoptee desires to have the
adoptive name shown on the original birth certificate when it is
restored, the order must include this directive. Upon receipt of such
an order, the State Registrar shall seal the certificate issued under
this section and restore the adoptee's original certificate of birth.
This sealed file may subsequently be opened only by direction of a
valid court order pursuant to G.S. 48-9-105 and G.S. 48-9-106.
(1995, c. 457, s. 2.)
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48-9-109. [Note: Effective July 1, 1996.] Certain disclosures
authorized.
Nothing in this Article shall be interpreted or construed to
prevent an employee of a court, agency, or any other person from:
(1) Inspecting permanent, confidential, or sealed records, other
than records maintained by the State Registrar, for the
purpose of discharging any obligation under this Chapter;
(2) Disclosing the name of the court where a proceeding for
adoption occurred, or the name of an agency that placed an
adoptee, to an individual described in G.S. 48-9-104 who
can verify his or her identity; or
(3) Disclosing or using information contained in permanent
and sealed records, other than records maintained by the
State Registrar, for statistical or other research purposes as
long as the disclosure will not result in identification of a
person who is the subject of the information and subject to
any further conditions the Department may reasonably
impose.
(1995, c. 457, s. 2.)
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48-10-104. [Note: Effective July 1, 1996.] Failure to disclose
nonidentifying information.
An adoptive parent, an adoptee, or any person who is the subject
of any information required under G.S. 48-3-205 or authorized for
release under Article 9 of this Chapter may bring a civil action for
equitable or monetary relief or both against a person who fraudulently
or intentionally misrepresents or fails to disclose information
required under G.S. 48-3-205 or Article 9 of this Chapter.
(1995, c. 457, s. 2.)
48-10-105. [Note: Effective July 1, 1996.] Unauthorized disclosure of
information.
(a) Except as authorized in G.S. 48-3-205 or in Article 9 of this
Chapter, no identifying or nonidentifying information contained in a
report or records described therein may be disclosed by present or
former employees or officials of the court, an agency, the State, a
county, an attorney or other provider of professional services, or any
person or entity who wrongfully obtains such a report or records.
(b) A person who knowingly makes an unauthorized disclosure of
identifying information is guilty of a Class 1 misdemeanor.
(c) The district court may enjoin from further violations any
person who makes an unauthorized disclosure.
(d) Notwithstanding the Penalties provided in subsection (b) of
this section, an individual who is the subject of any of this information
may bring a civil action for equitable or monetary relief or both
against any person or entity who makes an unauthorized disclosure
of the information.
(1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186; 1969, c. 982; 1973,
c. 476, s. 138; 1979, c. 739, ss. 1, 2; 1981, c. 924, ss. 2,
3; 1983, c. 454, s. 6; 1993, c. 539, s. 411; 1994, Ex. Sess., c. 24,
s. 14(c); 1995, c. 457, s. 2.)
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