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INDIANA

Adoption Law

 

 

Indiana denies adult adoptees an unrestricted right to obtain their own original birth certificates. A new law, effective July 1, 2018, expands the release of specifically defined “identifying information,” but a birth parent may prohibit release of that information at any time.

 

The new law allow applies to adoptees 21 years of age or older, who may request “identifying information” through the Indiana Adoption Matching Registry. Identifying information by definition includes an OBC, but the release of any information is subject to a corrupt contact preference form, which if filed, can be used to prohibit disclosure of information, even if the birthparent requests contact through an intermediary.

 

A birthparent may also request that identifying information be prohibited from release even after the birthparent dies.

Prior to the new law, birthparents could file a “nonrelease form” to prohibit disclosure of identifying information for a specified number of years or for eternity. Nonrelease forms filed prior to July 1, 2018, will remain in effect “for the time indicated by the birth parent on the nonrelease form.”

 

 

 

Relevant Indiana Law: Original Birth Certificates

IC 31-19-13-1.
(a) Except as provided in subsection (b), the state department of health shall establish a new certificate of birth for an individual born in Indiana upon a receipt of an official report that the individual has been adopted.New certificate of birth

 

(b) The state department of health shall not establish a new certificate of birth following an adoption if:

(1) the court decreeing the adoption;
(2) the adoptive parents; or

(3) the adopted individual;

so requests.

 

(c) A new certificate of birth established under this section must show the actual place and date of birth.

 

IC 31-19-13-2. Replacement of original registration of birth; filing; confidentiality
When a new certificate of birth is established following adoption, the new certificate of birth replaces the original registration of birth. The original registration of birth shall be filed with the evidence of adoption and withheld from inspection except:

(1) for a child adopted by a stepparent; or
(2) as provided in IC 31-19-17 through IC 31-19-25.5.

 

IC 31-19-13-3. Annulment or revocation of adoption; restoration of original certificate of birth
Upon receipt of a notice of annulment or revocation of adoption, the original certificate of birth shall be restored.

 

IC 31-19-13-4. Seal or surrender of replaced certificate of birth
When the state department of health establishes a new certificate of birth following an adoption, each local health department in Indiana having custody of the replaced certificate of birth shall:

(1) seal the replaced certificate from inspection; or
(2) surrender the replaced certificate to the state department of health;

as the state department of health directs.

 

IC 16-37-2-9. Permanent record; public inspection; adoptee birth records
(a) The local health officer shall make a permanent record of the following from a birth certificate:

(1) Name.
(2) Sex.
(3) Date of birth.
(4) Place of birth.
(5) Name of the parents.
(6) Birthplace of the parents.
(7) The date of filing of the certificate of birth.
(8) The person in attendance at the birth.

(9) Location of the birth, including whether the birth occurred at a hospital, licensed health care facility, home, or other non-health care facility.

 

(b) Except as provided in subsection (c), the permanent record shall be open to public inspection.

 

(c) The birth record of an adopted child remains subject to the confidentiality provisions of IC 31-19 regarding the release of adoption information.

 

 

Relevant Indiana Law: Identifying Information

IC 31-9-2-2. “Adoptee”
“Adoptee”, for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who has been legally adopted.

 

IC 31-9-2-23.8. “Contact preference form”
“Contact preference form” means the form prescribed by the state registrar under IC 31-19-25-4.6.

 

IC 31-9-2-54. “Identifying information”
“Identifying information”, for purposes of IC 31-19-9-6 and IC 31-19-17 through IC 31-19-25.5 means:

(1) any name that a party to an adoption has used or is using;
(2) any address that a party to an adoption has used or is using;
(3) the original certificates of birth stored with the state department of health with evidence of adoption under IC 31-19-13-2; and

(4) any other information, except the medical history, that may identify a person as a party to an adoption or as a birth parent, an adoptee, or an adoptive parent.

 

IC 31-19-9-6. Information and forms provided to birth parents
The individual who or agency that arranges for the signing of a consent to adoption shall provide each birth parent whose consent to adoption is obtained under this chapter with the following:

(1) An explanation concerning the following:

(A) The availability of adoption history information under IC 31-19-17 through IC 31-19-25.5.
(B) The birth parent’s option to file a contact preference form with the state registrar if the birth parent seeks to restrict the release of identifying information.

(C) That identifying information may be released unless the birth parent files the contact preference form with the state registrar indicating the birth parent’s lack of consent to the release of identifying information.

 

(2) A contact preference form prescribed by the state registrar under IC 31-19-25-4.6.

 

 

IC 31-19-9-7. Contact preference forms
Upon request, the state registrar shall provide an individual or agency with a contact preference form required by section 6(2) of this chapter.

 

 

IC 31-19-20-4. Release of medical records by provider
IC 31-19-19, this chapter, and IC 31-19-23 through IC 31-19-25.5 do not restrict a provider (as defined in IC 16-18-2-295) from releasing medical records to an attorney or agency arranging an adoption if the provider receives the appropriate authorization under IC 16-39-1.

 

IC 31-19-21-1. Consent; contents
(a) An:

(1) adoptee who is at least twenty-one (21) years of age; or
(2) adoptive parent of an adoptee who is less than twenty-one (21) years of age;

may consent to the release of identifying information concerning the adoptee in a signed writing.

(b) The consent described in subsection (a) must identify the persons to whom the information may be released.

 

IC 31-19-21-3. Manner of release of identifying and nonidentifying information
A holder of information that receives a consent made under this chapter (or IC 31-3-4-27 before its repeal) may release identifying and nonidentifying information only in conformity with:

(1) the last version of the consent filed with the holder; and
(2) IC 31-19-24 through IC 31-19-25.5.

 

IC 31-19-21-5. Errors in execution of consent form
The state registrar may contact an adoptee or adoptive parent who submits a written consent under this chapter that is:

(1) incompletely; or
(2) inaccurately;

executed to inform the adoptee or adoptive parent regarding the error in the execution of the consent form.

 

IC 31-19-21-6.  Storage and indexing of consents
The following persons shall provide for the storage and indexing of consents made under this chapter to carry out IC 31-19-24 through IC 31-19-25.5:

(1) The state registrar.
(2) The department.
(3) County offices of family and children.
(4) Licensed child placing agencies.
(5) Professional health care providers (as defined in IC 34-6-2-117).

(6) Courts.

 

IC 31-19-21-7. Sending copy of consent and withdrawal or modification of consent to state registrar
The following persons shall send a copy of a consent for the release of identifying information and any signed writing that withdraws or modifies a consent for the release of identifying information received by the person to the state registrar:

(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in IC 34-6-2-117).
(5) An attorney.

(6) A court.

 

IC 31-19-22. Chapter 22. Repealed

 

IC 31-19-23-1. Entities required to release nonidentifying information
The following persons shall release nonidentifying information concerning an adoption in the entity’s possession to any person described in IC 31-19-18-2(a) upon request:

(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider (as defined in IC 34-6-2-117).
(6) The attorney who arranged the adoption.

(7) A court.

 

IC 31-19-25-1. Application of chapter
Before July 1, 2018, this chapter applies to all adoptions that are filed after December 31, 1993. Beginning July 1, 2018, this chapter applies to all adoptions, regardless of the date the adoption was filed.

 

IC 31-19-25-2. Requirements for release of identifying information
(a) The following may request the release of identifying information:

(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) The spouse or relative of a deceased adoptee.

(5) The spouse or relative of a deceased birth parent.

(b) Except as provided in sections 315, and 17 of this chapter and subject to sections 2.5 and 21 of this chapter, upon a request for the release of identifying information under subsection (a):

(4) a licensed
(3) a local office;
(2) the department;
(1) the state registrar;
child placing agency;
(5) a professional health care provider;
(6) the attorney who arranged the adoption; and

(7) a court;

shall release identifying information in the person’s possession to the individual requesting the release of identifying information only if the adoptee has submitted a written consent under IC 31-19-21 to the state registrar or the person from whom the release of identifying information is requested for release of identifying information to the individual requesting the release of identifying information.

 

IC 31-19-25-2.5. Release prohibited; request information; affidavit
(a) Except as provided in subsection (b), if an individual requests the release of identifying information under section 2 of this chapter regarding an adoptee who is less than twenty-one (21) years of age, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter unless the adoptee’s adoptive parent has submitted a written consent for the release of identifying information.

 

(b) The state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter if the request for the release of identifying information involves an adoptee to whom both of the following apply:

(1) The adoptee is less than twenty-one (21) years of age.

(2) The adoptee’s name is on the list provided to the state department of health under IC 31-25-2-22.

 

(c) A licensed child placing agency, a professional health care provider, an attorney, and a court:

(1) may request that the state department of health search the list provided under IC 31-25-2-22 to determine whether an adoptee’s name is on the list; and

(2) shall, at the time of the request, provide:

(A) the name of the adoptee at the time parental rights were terminated; and

(B) an affidavit under penalty of perjury affirming that the licensed child placing agency, professional health care provider, attorney, or court is seeking information regarding the adoptee for the purpose of providing identifying information under this chapter.

 

(d) Not later than five (5) days after the state department of health receives a request and affidavit under subsection (c), the state department of health shall submit an affidavit to the child placing agency, professional health care provider, attorney, or court verifying whether the adoptee’s name is on the list provided under IC 31-25-2-22.

 

IC 31-19-25-3. Contact preference form; filing; duration; withdrawal; effect of consent
(a) A birth parent may restrict access to identifying information concerning the birth parent by filing a contact preference form with the state registrar that evidences the birth parent’s lack of consent to the release of identifying information under this chapter.

 

(b) A person who arranges for the signing of a consent to adoption shall provide the birth parent with a contact preference form and the explanation described in IC 31-19-9-6.

 

(c) Except as provided in sections 15 and 17 of this chapter, the following persons may not release any identifying information concerning a birth parent to an individual requesting the release of identifying information under section 2 of this chapter if a contact preference form that evidences the birth parent’s lack of consent to the release of identifying information is in effect at the time of the request for identifying information:

(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) The attorney who arranged the adoption.

(7) A court.

 

(d) Except as provided in subsection (f), the contact preference form filed under this section remains in effect until the birth parent who filed the contact preference form files a new contact preference form.

 

(e) The contact preference form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.

 

(f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent’s death.

 

IC 31-19-25-3.5. Sending copy of contact preference form to state registrar
The following persons shall send a copy of a contact preference form received by the person from a birth parent to the state registrar:

(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider.
(5) An attorney.

(6) A court.

 

IC 31-19-25-4. Repealed

(a) Notwithstanding any other law, a IC 31-19-25-4.4. Nonrelease forms submitted before July 1, 2018; duration; notice of lapse; effect of consentnonrelease form that:

(1) indicates the birth parent’s lack of consent to the release of identifying information; and
(2) was submitted by a birth parent before July 1, 2018;

remains in effect for the time indicated by the birth parent on the nonrelease form.

 

(b) Unless a birth parent has indicated on the nonrelease form that the birth parent does not desire the state registrar to send notice to the birth parent at the time that the birth parent’s nonrelease form lapses, the state registrar shall mail a notice to a birth parent who submitted a nonrelease form as described in subsection (a) at least ninety (90) days before the birth parent’s nonrelease form lapses indicating that:

(1) the nonrelease form will lapse; and
(2) if the birth parent prefers not to be contacted by a person requesting identifying information, the birth parent must file a contact preference form indicating that the birth parent does not want to be contacted.

 

(c) A nonrelease form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.

 

(d) A nonrelease form is no longer in effect if the birth parent who filed the nonrelease form is deceased unless the nonrelease form specifically states that the nonrelease form remains in effect after the birth parent’s death.

 

IC 31-19-25-4.6. Contact preference form; contents; identification; duration; changing preference
(a) The state registrar shall prescribe a contact preference form for birth parents. The form must include the following:

(1) A component in which a birth parent is to indicate one (1) of the following with regard to a person that requests identifying information:

(A) That the birth parent welcomes the person to contact the birth parent directly and authorizes the release of identifying information.
(B) That the birth parent prefers that the birth parent be contacted through an intermediary and does not authorize the release of identifying information directly to the person.
(C) That the birth parent prefers that the person not contact the birth parent directly or through an intermediary and does not authorize the release of identifying information.

(D) That the birth parent:

(i) prefers that the person not contact the birth parent as provided under clause (C); but
(ii) welcomes the state registrar to contact the birth parent to request that the birth parent update the birth parent’s medical information.

(2) A component in which a birth parent who prefers to be contacted through an intermediary as provided under subdivision (1)(B) may designate a third party to act as the intermediary for the birth parent.

 

(3) Provisions necessary for the state registrar to be able to identify the adoption file of the adoptee to whom the form pertains.

 

(4) A notice that the birth parent may change the birth parent’s indicated preference regarding contact by filing a new contact preference form with the state registrar.

 

(5) A notice that an adoptee who does not know which court entered the adoption decree regarding the adoptee may seek assistance from the state registrar.

 

(b) The state registrar may accept a completed contact preference form from a birth parent only if the birth parent provides to the state registrar one (1) item of identification of the birth parent.

 

(c) Except as provided in subsection (f), a contact preference form submitted by a birth parent to the state registrar does not lapse.

 

(d) If a birth parent has previously completed and submitted a contact preference form, the state registrar shall replace the birth parent’s previous contact preference form with the birth parent’s new contact preference form.

 

(e) A birth parent may file a completed contact preference form with the state registrar to change the birth parent’s indicated preference regarding contact as many times as the birth parent wishes.

 

(f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased, unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent’s death.

 

IC 31-19-25-4.8. Contact through intermediary; request updated medical information; communications confidential; immunity
(a) If a birth parent indicates that the birth parent prefers to be contacted through an intermediary as described in section 4.6(a)(1)(B) of this chapter, the state registrar shall:

(1) attempt to make personal contact with the third party designated by the birth parent under section 4.6(a)(2) of this chapter; or
(2) attempt to make personal contact with the birth parent if the birth parent did not designate a third party as the birth parent’s intermediary under section 4.6(a)(2) of this chapter.

 

(b) At the time that the state registrar makes contact with a:

(1) birth parent; or
(2) third party designated by the birth parent; the state registrar shall request that the birth parent update the birth parent’s medical information with the state registrar.

 

(c) If the birth parent indicates that the birth parent welcomes the state registrar to contact the birth parent for the purpose of updating medical information as provided in section 4.6(a)(1)(D) of this chapter, the state registrar shall attempt to make personal contact with the birth parent to request that the birth parent update the birth parent’s medical information.

 

(d) All communications by the state registrar under this section are confidential.

 

(e) The state registrar discharging in good faith the responsibilities under this section is immune from all civil and criminal liability that otherwise might result.

 

IC 31-19-25-5 through IC 31-19-25-10. Repealed

 

IC 31-19-25-11. Storage and indexing of requests and contact preference forms
The state registrar shall provide for the storage and indexing of requests and contact preference forms under this chapter.

 

IC 31-19-25-12. Errors in execution of forms
The state registrar may contact an individual who submits a request form or contact preference form that is incorrectly or incompletely executed to inform the individual regarding the error in the execution of the form.

 

IC 31-19-25-13. Fee for expenses
(a) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter:

(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A local office.
(5) A professional health care provider.

(6) The state department of health, except as provided in subsection (b).

 

(b) The state department of health may not charge a fee for filing a contact preference form under this chapter.

 

IC 31-19-25-14. Repealed

 

IC 31-19-25-15. Consent not required
Except as provided in section 21 of this chapter, the consent of an adoptee is not required for the release of identifying information under this chapter if the individual requesting the release of identifying information under section 2 of this chapter submits:

(1) a death certificate;
(2) an obituary;
(3) records from the STEVE system; or

(4) any other form of evidence approved by the state department of health;

indicating that the adoptee is deceased, to the person releasing the identifying information.

IC 31-19-25-16. Search of death certificates
If an individual submits a request for the release of identifying information under section 2 of this chapter, the state registrar shall search the death certificates in the state registrar’s possession regarding:

(1) a related adoptee:

(A) who has not submitted a consent for the release of information under IC 31-19-21; and
(B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or

(2) a birth parent who has filed a written nonrelease form (before July 1, 2018) or a contact preference form (after June 30, 2018).

 

IC 31-19-25-17. Deceased adoptee or birth parent; release of identifying information
(a) If, upon searching the death certificates under section 16 of this chapter, the state registrar finds that an adoptee or a birth parent is deceased, the state registrar shall:

(1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and
(2) release the identifying information if additional consent is not required by this chapter.

(b) The state registrar may not release identifying information under subsection (a) concerning:

(1) a birth parent or adoptee if additional consent is required by this chapter; or
(2) a birth parent if a contact preference form submitted by the birth parent that evidences the birth parent’s lack of consent to the release of identifying information specifically states that the contact preference form remains in effect after the birth parent’s death.

 

IC 31-19-25-18. Request to contact adoptee
An individual who submits a request for the release of identifying information under section 2 of this chapter may contact:
(1) a local office;child placing agency; or

(2) An attorney, a licensed
(3) the attorney who arranged the adoption;

to request that the local office, the licensed child placing agency, or the attorney contact an adoptee whose consent is necessary before identifying information may be released under this chapter.

 


IC 31-19-25-18.5. Contact and disclosure prohibited child placing agency, and a local office may not contact an adoptee, a birth parent, or an adoptive parent or disclose identifying information upon a request under section 18 of this chapter if the request involves an adoptee to whom both of the following apply:

(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee’s name is on the list provided to the state department of health under IC 31-25-2-22.

(a) Except as provided in section 18.5 of this chapter and subject to section 21 of this chapter, upon a request described under section 18 of this chapter, a local office, a licensed


IC 31-19-25-19. Contact; disclosure of identifying information; written consent child placing agency, or an attorney that contacts an adoptee may not disclose identifying information unless the adoptee:

(1) if the adoptee is at least twenty-one (21) years of age, gives written consent; or
(2) if the adoptee is less than twenty-one (21) years of age, has the written consent of the adoptee’s adoptive parents;

to the release of identifying information by the local office, the licensed child placing agency, or the attorney.

(a) A local office, a licensed

(b) If:

(1) an adoptee who is at least twenty-one (21) years of age; or
(2) an adoptive parent of an adoptee who is less than twenty-one (21) years of age;

consents to the release of identifying information but does not provide the consent in writing, the local office, the licensed child placing agency, or the attorney may inform the birth parent regarding the fact that the adoptee or the adoptive parent has consented to the release of identifying information. The local office, the licensed child placing agency, or the attorney may inquire as to whether the adoptee or adoptive parent, whose consent is still needed before identifying information may be released, is interested in participating in the adoption registry under IC 31-19-18 through IC 31-19-24, this chapter, and IC 31-19-25.5.


IC 31-19-25-20. Fee for services; fee for actual expenses child placing agency, or an attorney may charge a reasonable fee for services performed or actual expenses incurred under section 19 of this chapter.

(b) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter:

(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A local office.
(5) A professional health care provider.
(6) An attorney.

(7) The state department of health.

 

IC 31-19-25-21. Client consent required for release of identifying information by attorney; court order
(a) An attorney may release identifying information under this chapter only if the client that the attorney represented in the adoption has submitted a written consent to the release of the identifying information to the individual requesting the identifying information.

 

(b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney’s possession may be released only under a court order issued in a proceeding under IC 31-19-24.

 

 

SELECTED INDIANA PROVISIONS EFFECTIVE ONLY UNTIL JULY 1, 2018

IC 31-19-25-3. Nonrelease form; filing; duration; withdrawal; effect of consent

(a) A birth parent may restrict access to identifying information concerning the birth parent by filing a written nonrelease form with the state registrar that evidences the birth parent’s lack of consent to the release of identifying information under this chapter.

 

(b) A person who arranges for the signing of a consent to adoption shall provide the birth parent with a nonrelease form and the explanation described in IC 31-19-9-6.

 

(c) Except as provided in sections 15 and 17 of this chapter, the following persons may not release any identifying information concerning a birth parent to an individual requesting the release of identifying information under section 2 of this chapter if a nonrelease form is in effect at the time of the request for identifying information:

(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) The attorney who arranged the adoption.

(7) A court.

 

(d) Except as provided in subsection (f), the nonrelease form filed under this section:

(1) remains in effect during the period indicated by the individual submitting the form;
(2) is renewable; and

(3) may be withdrawn at any time by the individual who submitted the form.

 

(e) The nonrelease form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.

 

(f) A nonrelease form is no longer in effect if the birth parent who filed the nonrelease form is deceased unless the nonrelease form specifically states that the nonrelease form remains in effect after the birth parent’s death.

 

IC 31-19-25-3.5. Sending copy of nonrelease form to state registrar
The following persons shall send a copy of a writtennonrelease
form received by the person from a birth parent to the state registrar:

(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider.
(5) An attorney.

(6) A court.

 

IC 31-19-25-4. Nonrelease form; contentsnonrelease form described in section 3 of this chapter. In prescribing the nonrelease form, the state registrar shall devise the form in a manner that indicates that the birth parent’s lack of consent to the release of identifying information is to remain in effect for the time indicated by the birth parent. The form must:

(1) contain a space in which the birth parent may check “yes” or “no” concerning whether the individual submitting the form desires the state registrar to send notice to the birth parent’s most recent address at the time that the form lapses in cases in which the birth parent has not chosen to prevent the nonrelease form from lapsing; and

 

(2) indicate that the birth parent may choose to prevent the nonrelease form from lapsing.

IC 31-19-25-5. Notice before lapse of nonrelease form
Except as provided under section 4 of this chapter, the state registrar shall mail a notice to a birth parent who submits anonrelease form under section 3 of this chapter within ninety (90) days before the birth parent’s nonrelease
form lapses. The notice:

(1) shall be mailed to the most recent address of the birth parent that has been supplied to the state registrar; and

(2) must indicate that the the date upon which the form is to lapse; andnonrelease form is renewable.

 

IC 31-19-25-12. Errors in nonrelease form that is incorrectly or incompletely executed to inform the individual regarding the error in the execution of the form.execution of formsThe state registrar may contact an individual who submits a request form.

 

IC 31-19-25-16. Search of death certificates
If an individual submits a request for the release of identifying information under section 2 of this chapter, the state registrar shall search the death certificates in the state registrar’s possession regarding:

(1) a related adoptee:

(A) who has not submitted a consent for the release of information under IC 31-19-21; and
(B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or

(2) a birth parent who has filed a written nonrelease form under section 3 of this chapter.

 

IC 31-19-25-17. Deceased adoptee or birth parent; release of identifying information
(a) If, upon searching the death certificates under section 16 of this chapter, the state registrar finds that an adoptee or a birth parent is deceased, the state registrar shall:

(1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and
(2) release the identifying information if additional consent is not required by this chapter.

(b) The state registrar may not release identifying information under subsection (a) concerning:

(1) a birth parent or adoptee if additional consent is required by this chapter; or
(2) a birth parent if anonrelease form submitted by the birth parent specifically states that the nonrelease form remains in effect after the birth parent’s death.

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