House Bill 988

(As Passed the House)

AN ACT TO AMEND SECTION 93-17-205, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BUREAU OF VITAL STATISTICS OF THE STATE DEPARTMENT OF HEALTH TO MAINTAIN A RECORD WITH INFORMATION REGARDING THE NUMBER OF ADOPTIONS IN THIS STATE WHERE AN ADOPTING PARENT IS A BLOOD RELATIVE OF AN ADOPTEE AND THE NUMBER OF ADOPTIONS IN THIS STATE WHERE AN ADOPTING PARENT IS NOT A BLOOD RELATIVE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-17-205, Mississippi Code of 1972, is amended as follows:

93-17-205. (1) The bureau shall maintain a centralized adoption records file for all adoptions performed in this state after July 1, 1992, which shall include the following information:

(a) The medical and social history of the birth parents, including information regarding genetically inheritable diseases or illnesses and any similar information furnished by the birth parents about the adoptee's grandparents, aunts, uncles, brothers and sisters;

(b) A report of any medical examination which either birth parent had within one (1) year before the date of the petition for adoption, if available;

(d) The medical and social history of the adoptee, including information regarding genetically inheritable diseases or illnesses, and any other relevant medical, social and genetic information.

(2) Any birth parent may file with the bureau at any time any relevant supplemental nonidentifying information about the adoptee or the adoptee's birth parents, and the bureau shall maintain this information in the centralized adoption records file.

(3) The bureau shall also maintain as part of the centralized adoption records file the following:

(a) The name, date of birth, social security number (both original and revised, where applicable) and birth certificate (both original and revised) of the adoptee;

(b) The names, current addresses and social security numbers of the adoptee's birth parents, guardian and legal custodian;

(4) Any birth parent may file with the bureau at any time an affidavit authorizing the bureau to provide the adoptee with his or her original birth certificate and with any other available information about the birth parent's identity and location, or an affidavit expressly prohibiting the bureau from providing the adoptee with any information about such birth parent's identity and location, and prohibiting any licensed adoption agency from conducting a search for such birth parent under the terms of Sections 93-17-201 through 93-17-223. An affidavit filed under this section may be revoked at any time by written notification to the bureau from the birth parent.

(5) Counsel for the adoptive parents in the adoption finalization proceeding shall provide the bureau with the information required in subsections (1) and (3) of this section, and he shall also make such information a part of the adoption records of the court in which the final decree of adoption is rendered. This information shall be provided on forms prepared by the bureau.

(6) (a) If an agency receives a report from a physician stating that a birth parent or another child of the birth parent has acquired or may have a genetically transferable disease or illness, the agency shall notify the bureau and the appropriate licensed adoption agency, and the latter agency shall notify the adoptee of the existence of the disease or illness, if he or she is twenty-one (21) years of age or over, or notify the adoptee's guardian, custodian or adoptive parent if the adoptee is under age twenty-one (21).

(b) If an agency receives a report from a physician that an adoptee has acquired or may have a genetically transferable disease or illness, the agency shall notify the bureau and the appropriate licensed agency, and the latter agency shall notify the adoptee's birth parent of the existence of the disease or illness.

(7) Compliance with the provisions of this section may be waived by the court, in its discretion, in any chancery court proceeding in which one or more of the petitioners for adoption is the natural mother or father of the adoptee.

(8) The bureau also shall maintain a vital statistics records file for all adoptions performed in this state regarding the types of adoptions. The information in this file shall include the number of adoptions in this state where the adopting parent is a blood relative of the adoptee and the number of adoptions in this state where the adopting parent is not a blood relative of the adoptee. The file shall not include any individual identifying information. This information shall be updated annually and made available to the public upon request for a reasonable fee.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.