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10-7508-1.2.


10-7508-1.2.
   
   A. The Department of Human Services shall establish and administer,
   directly or through a contractor, a Mutual Consent Voluntary Registry
   whereby eligible persons as described in subsection B of this section
   may indicate their willingness to have their identity and whereabouts
   disclosed to each other under the conditions specified under this
   part.
   
   B. Subject to the restrictions of subsections C and D of this section,
   the following persons may register with the Mutual Consent Voluntary
   Registry:
   
   1. An adult adopted person;
   
   2. An adult person whose biological parent's parental rights have been
   terminated;
   
   3. The adoptive parents or guardian of an adopted person who is under
   the age of eighteen (18) or who has been declared mentally
   incompetent;
   
   4. If an adopted person is deceased, the legal parent or guardian of
   any minor child or mentally incompetent child of the adopted person;
   
   5. If an adopted person is deceased, any adult descendants of the
   adopted person;
   
   6. The legal parent or guardian of a minor or a person who has been
   declared mentally incompetent whose biological parent's parental
   rights have been terminated;
   
   7. The legal parent or guardian of any minor or mentally incompetent
   child of a deceased person whose biological parent's parental rights
   have been terminated;
   
   8. The adult descendants of a deceased person whose biological
   parent's parental rights have been terminated;
   
   9. A parent whose parental rights were voluntarily terminated by court
   order subsequent to the parent's consent or relinquishment, or
   involuntarily terminated by court order, in an adoption, juvenile,
   guardianship, or domestic relations proceeding; and
   
   10. An adult biological relative of an adopted person or a person
   whose biological parent's parental rights have been terminated.
   
   C. This registry shall not be used by:
   
   1. An adult adopted person who has a minor biological sibling in the
   same adoptive family or in an adoptive or foster family or other
   placement whose location is known to the adult adopted person; or
   
   2. An adult whose biological parent's parental rights have been
   terminated and who has a biological sibling in the same family or in
   an adoptive or foster family or other placement whose location is
   known to that adult.
   
   D. If a biological relative, other than a biological parent, registers
   pursuant to paragraph 9 of subsection B of this section, the
   administrator of the Mutual Consent Voluntary Registry shall ascertain
   from the State Registrar of Vital Statistics whether an affidavit of
   nondisclosure by a biological parent is on file. If such an affidavit
   is filed with the State Registrar and has not been revoked, the
   administrator of the Mutual Consent Voluntary Registry shall not
   process a match with any biological relative of the parent who filed
   the affidavit of nondisclosure.
   
   E. 1. An eligible person may register by submitting a notarized
   affidavit, on a form provided by the Department of Human Services,
   stating the registrant's current name, address, telephone number, and
   the registrant's willingness to be identified to some or all eligible
   relatives, identified by name or by relationship, who also register.
   The registrant may also provide any previous name by which the
   registrant was known, previous and current names, if known, of
   specific eligible persons the registrant wishes to find, the place and
   date of birth of the adopted minor or the minor whose parent's rights
   have been terminated, and the name and address of the adoption agency,
   intermediary, or other person, if any, who placed the minor for
   adoption or took custody of the minor after the minor's parent's
   rights were terminated. If the registrant is an adult adopted person
   or an adult whose biological parent's rights have been terminated, the
   affidavit shall also contain a statement that the registrant does not
   have a minor biological sibling in the same family or in an adoptive
   or foster family or other placement whose location is known to the
   registrant.
   
   2. The form shall also indicate the registrant's desired method of
   notification in the event a match occurs; however, the Department
   shall not be required to utilize methods of notification that would
   require it to incur unreasonable expense. The form shall also indicate
   whether the registrant desires release of the registrant's identifying
   information if a match occurs after the registrant's death. No
   registration shall be accepted until the prospective registrant
   submits satisfactory proof of the registrant's identity. Registering
   persons may revise their consent with respect to change of address,
   telephone number or method of notification. Any name and accompanying
   information shall be removed from the list upon the verified written
   request of the person who registered.
   
   F. The administrator of the Mutual Consent Voluntary Registry shall
   process each affidavit in an attempt to match the registrant with any
   other eligible persons who have registered and consented to have their
   identifying information released to the registrant. Such processing
   may include, but not be limited to, research from agency records, when
   available, and when agency records are not available, from court
   records to determine conclusively whether registrants match. When a
   match has occurred, the administrator shall notify each registrant, by
   the registrant's designated method only, and obtain the registrant's
   consent to an exchange of identifying information before any
   identifying information is released. Nothing in this section shall be
   construed to allow any state or local governmental department, agency,
   institution, or contractor, or any employee thereof, to solicit any
   consent for the release of identifying information from someone who
   has not registered with the registry.
   
   G. Any affidavits filed and other information collected shall be
   retained for twenty-two (22) years following the date of registration.
   
   H. Any person who discloses information from the registry in violation
   of this act shall be guilty of a misdemeanor and shall be fined up to
   Five Thousand Dollars ($5,000.00) or imprisoned for a period of six
   (6) months or both.
   

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