2023 Regular Session
To: Judiciary A
By: Representative Yancey
AN ACT TO AMEND SECTION 93-17-205, MISSISSIPPI CODE OF 1972, TO AUTHORIZE RELEASE OF IDENTIFYING INFORMATION OF BIRTH PARENTS UPON AGREEMENT BY SUCH PARENTS; TO AMEND SECTION 93-17-207, MISSISSIPPI CODE OF 1972, TO AUTHORIZE RELEASE OF CERTAIN IDENTIFYING INFORMATION TO ADOPTEES; TO AMEND SECTION 93-17-209, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN AGENCY TO PROVIDE CERTAIN IDENTIFYING INFORMATION TO ADOPTEES; TO AMEND SECTIONS 93-17-215 AND 93-17-219, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; 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, 2005, which shall contain 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 if known;
(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 and known;
(c) A report describing the adoptee's prenatal care and medical condition at birth, if available and known;
(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 if available; and
(e) Forms 100A, 100B (if applicable) and evidence of Interstate Compact for Placement of Children approval (if applicable).
The Administrative Office of Courts shall assist the bureau in the maintenance of its centralized adoption record by compiling the number of finalized adoptions in each chancery court district on a monthly basis, and submitting this information to the bureau. The bureau shall include these statistics in its centralized adoption record. The information in this report 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 report 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.
(2) Any birth parent may file with the bureau at any time any relevant supplemental nonidentifying or identifying 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;
(c) Any other available information about the birth parent's identity and location.
(4) (a) 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.
(b) Any adoptee eighteen (18) years of age or older may file with the bureau at any time a request to provide the adoptee with his or her original birth certificate and with any other available identifying information about a birth parent's identity and location. Upon receipt of such request, the bureau shall contact the birth parent, regardless as to whether such parent has filed an affidavit under paragraph (a) of this subsection, to notify him or her of the request. Upon agreement from a birth parent, the bureau shall provide the requested information regarding only the parent who agreed to the release of identifying information.
(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.
SECTION 2. 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 or identifying information * * * as authorized and 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;
(c) The guardian or legal custodian of an adoptee; or
(d) The offspring or blood sibling of an adoptee if the requester is eighteen (18) years of age or older.
(2) 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, unless the birth parent has signed an affidavit agreeing to such release of his or her information.
SECTION 3. 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 * * * information
about an adoptee or nonidentifying or identifying information about the
birth parents of such adoptee, and the information is not on file with the
bureau * * *,
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 subsection, has given consent to proceed with the search.
(4) The agency conducting
the search shall, upon locating a birth parent, notify him or her of the
request * * *.
(5) The agency shall
release to the requester any * * * information provided by a
birth parent under this section without disclosing the birth parent's identity
or location, unless the birth parent agrees to such disclosure.
(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 4. Section 93-17-215, Mississippi Code of 1972, is amended as follows:
93-17-215. Any person
twenty-one (21) years of age or over who has been adopted in this state may
request the bureau through a licensed adoption agency providing post-adoption
services to obtain and provide the identifying information regarding either or
both of his or her birth parents maintained as provided in Section 93-17-205 * * *. Upon receipt of such
request, the bureau shall contact the birth parent, regardless as to whether such
parent has filed an affidavit under Section 93-17-205(4)(a), to notify him or her
of the request and upon agreement by the birth parent, the bureau shall provide
the requested information regarding only the parent who agreed to the release of
identifying information.
SECTION 5. Section 93-17-219, Mississippi Code of 1972, is amended as follows:
93-17-219. (1) If the
bureau does not have on file (a) an affidavit either authorizing release of
identifying information * * *or prohibiting such release and any further contact from each
known birth parent for whom information is sought, or (b) a notice that such
birth parent has been contacted once and has refused to authorize the release
of confidential information, then the adoptee may request the agency to
undertake a search * * *.
The licensed agency shall not inform any person other than the birth parents of
the purpose of the search.
(2) The licensed agency may charge the adoptee 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 adoptee. No fee in excess of One Hundred Dollars ($100.00) per birth parent may be charged unless the adoptee, after receiving notification under this subsection, has given consent to proceed with the search.
(3) Upon locating a birth parent the licensed agency conducting the search shall make at least one (1) verbal contact and notify him or her of the following:
(a) The nature of the information requested;
(b) The date of the request; and
(c) The fact that the birth parent has the right to consent to or prohibit the release of this information by filing with the bureau the affidavit to this effect.
(4) Within three (3) working days after contacting a birth parent, the licensed agency shall provide the birth parent with a written statement of the information requested and an affidavit form authorizing or prohibiting the release of the requested information. If the birth parent authorizes the release of the information, the licensed agency shall disclose the requested information about that birth parent.
(5) If a licensed agency has contacted a birth parent as provided by this section, and the birth parent does not file the affidavit, the agency shall not disclose the requested information.
(6) If, after a search under this section, a known birth parent cannot be located, the agency shall not disclose the requested identifying information about that birth parent, although it may disclose any available nonidentifying information regarding that birth parent, and it may disclose identifying information about the other birth parent if such other birth parent has signed an unrevoked affidavit authorizing such release. If a birth parent is located and refuses to authorize the release of identifying information, the agency locating this birth parent shall notify the bureau. The bureau shall note such contact and refusal in its records.
(7) Only one (1) contact shall be made with a birth parent pursuant to a search request under this section if the birth parent refuses to authorize the release of the requested information. Further contacts with a birth parent under this section on behalf of the same adoptee shall be prohibited.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.