House Bill 1301

AN ACT TO AMEND SECTIONS 93-17-207 AND 93-17-209, MISSISSIPPI CODE OF 1972, TO LIMIT THE AMOUNT OF THE FEE THAT MAY BE CHARGED BY THE BUREAU OF VITAL STATISTICS OR AN ADOPTION AGENCY FOR PROVIDING OR SEARCHING FOR NONIDENTIFYING INFORMATION ABOUT AN ADOPTEE OR THE ADOPTEE'S BIRTH PARENTS WHEN THE REQUEST FOR THE INFORMATION IS MADE BY AN ADOPTEE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-17-207, Mississippi Code of 1972, is amended as follows:

93-17-207. (1) The bureau or the agency shall release the nonidentifying information maintained as provided in Section 93-17-205 for a reasonable fee, including the actual cost of reproduction, to any of the following persons upon request made with sufficient proof of identity:

(a) An adoptee eighteen (18) years of age or older;

(b) An adoptive parent;

(d) The offspring or blood sibling of an adoptee if the requester is eighteen (18) years of age or older.

(2) If the request for the information is made by an adoptee, the amount of the fee shall not exceed One Hundred Dollars ($100.00).

( * * *23) Information released pursuant to subsection (1) of this section shall not include the name and address of the birth parent, the identity of any provider of health care to the adoptee or to the birth parent and any other information which might reasonably lead to the discovery of the identity of either birth parent.

SECTION 2. Section 93-17-209, Mississippi Code of 1972, is amended as follows:

93-17-209. (1) Whenever any person specified under Section 93-17-207 wishes to obtain medical, social or genetic background information about an adoptee or nonidentifying information about the birth parents of such adoptee, and the information is not on file with the bureau and the birth parents have not filed affidavits prohibiting a search to be conducted for them under the provisions of Sections 93-17-201 through 93-17-223, the person may request a licensed adoption agency to locate the birth parents to obtain the information.

(2) Employees of any agency conducting a search under this section may not inform any person other than the birth parents of the purpose of the search.

(3) The agency may charge the requester a reasonable fee for the cost of the search. When the agency determines that the fee will exceed One Hundred Dollars ($100.00) for either birth parent, it shall notify the requester. No fee in excess of One Hundred Dollars ($100.00) per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search. However, if the requestor is an adoptee, the amount of the fee shall not exceed One Hundred Dollars ($100.00) per birth parent.

(4) The agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical, social and genetic information.

(5) The agency shall release to the requester any medical or genetic information provided by a birth parent under this section without disclosing the birth parent's identity or location.

(6) If a birth parent is located but refuses to provide the information requested, the agency shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the chancery court to order the birth parent to disclose the nonidentifying information. The court shall grant the motion for good cause shown.

(7) The Mississippi Department of Health and Human Services shall provide the bureau each year with a list of licensed adoption agencies in this state capable of performing the types of searches described in this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.