CONNECTICUT LAW REVISION COMMISSION
Release to Adoptee of Sealed Adoption Records
February 17, 1999
An Act Concerning Sealed Adoption Records.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (a) Except with respect to individuals subject to section 2 of this act, if the parental rights of biological parents of an individual have been terminated under the law of the state of Connecticut, that individual, on attaining eighteen years of age or older, (1) may examine the individual's original birth certificate or birth record and receive a copy of that certificate or record pursuant to section 7-51 and (2) may access information in possession of a child-placing agency or department of children and families that identifies the individual's biological parents.
(b) An individual requesting information under this section who is of the opinion that an item of information is being withheld may petition the Probate Court for an order for release of the information.
Sec. 2. (NEW) (a) If the parental rights of the biological parents of an individual were terminated under the law of the state of Connecticut on or after October 1, 1977, and before the effective date of this act, that individual may, on attaining eighteen years of age or older, petition the Probate Court (1) for permission to examine the individual's original birth certificate or birth record and to receive a copy of that certificate or record and (2) for an order for a child-placing agency or department of children and families to release information in its possession that identifies the individual's biological parents.
(b) The petition may be filed in the Probate Court in the probate district (1) where the child-placing agency or department has an office, or (2) where the individual resides, or (3) if the individual was adopted, where the adoption was finalized.
(c) The court shall give notice of the petition to each biological parent who was party to the order terminating parental rights. The notice shall be sent, no later than ten days after the filing of the petition, by registered mail, return receipt requested to such biological parent at the most recent address of record, including any address registered pursuant to section 45a-755, as amended by section 11 of this act.
(d) The notice shall state that (1) a petition has been filed in the Probate Court requesting information that will identify the biological parent of the petitioner, and (2) that such information will be released to the petitioner unless the biological parent, within twenty days of the filing of the petition, files an objection with the Probate Court to the release of that information.
(e) If service by mail on such parent cannot be made, the Probate Court shall promptly cause notice to the parent to be published in a newspaper having a substantial general circulation in the probate district in which the petition was filed. The notice shall identify the individual sought to be given notice and state that a matter is pending in the Probate Court concerning the release of information that may be of interest to the individual and that the individual has ten days to file with the Probate Court a statement of the individual's interest in the matter together with a current address. If the biological parent files a statement of interest in the matter, the Probate Court shall give notice to such parent by such reasonable means as it may determine of the petition requesting release of information concerning the parent's identity and of the parent's right, within twenty days, to file an objection with the Probate Court to release of such information.
(f) The court shall immediately grant the petition (1) if twenty days after giving notice of the petition requesting release of identifying information, no objection to release of the information has been filed or (2) if ten days after publication of the newspaper notice, the parents has not filed a statement of interest.
(g) If a biological parent objects in a timely manner to release of the information, the court shall set the matter for a hearing no later than seven days after the objection is filed. The court shall allow parties to present evidence of their interests in the release or nondisclosure of the identity of the biological parent, but shall conduct the hearing in a manner that protects the identity of the objecting biological parent. After the hearing, the court shall grant the petition for release of identifying information unless, after weighing the respective interests, the court finds, for good cause, that the identity of the biological parent should not be released. The court shall render a decision within twenty days after the last hearing on the merits as to whether the requested information should be released. If a decision is not rendered within twenty days, the petition shall be deemed to be granted.
(h) Court fees and expenses shall be waived.
Sec. 3. Section 7-53 of the general statutes is repealed and the following is substituted in lieu thereof:
Upon receipt of the record of adoption referred to in subsection (e) of section 45a-745 or of other evidence satisfactory to the Department of Public Health that a person born in this state has been adopted, said department shall prepare a new birth certificate of such adopted person. Such new birth certificate shall include all the information required to be set forth in a certificate of birth of this state as of the date of birth, except that the adopting parents shall be named as the parents instead of the genetic parents and, when a certified copy of the birth of such person is requested by an authorized person, a copy of the new certificate of birth as prepared by the department shall be provided, except that the registrar of vital statistics of any town in which the birth of such person was recorded or the Department of Public Health [may] shall, except for individuals subject to section 2 of this act, issue a certified copy of the original certificate of birth on file, marked with a notation by the issuer that such original certificate of birth has been superseded by a new certificate of birth as on file, [or may] and shall, except for individuals subject to section 2 of this act, permit the examination of such record (1) by any adopted or adoptable person eighteen years of age or older, or (2) upon a written order, in accordance with the provisions of section 45a-751, as amended by section 7 of this act, signed by the judge of the probate court for the district in which the adopted person was adopted or born or upon written order of the Probate Court in accordance with the provisions of section 45a-752, stating that the court is of the opinion that the examination of the birth record of the adopted person by the adopting parents, [or the adopted person, if over eighteen years of age,] or by the person wishing to examine the same or that the issuance of a copy of such birth certificate to the adopting parents [, adopted person, if over eighteen years of age] or to the person applying therefor will not be detrimental to the public interest or to the welfare of the adopted person or to the welfare of the genetic or adoptive parent or parents. Immediately after a new certificate of birth has been prepared, an exact copy of such certificate, together with a written notice of the evidence of adoption, shall be transmitted by the department to the registrar of vital statistics of each town in this state in which the birth of the adopted person is recorded. The new birth certificate, the original certificate of birth on file and the evidence of adoption shall be filed and indexed, under such regulations as the Department of Public Health makes to carry out the provisions of this section and to prevent access to the records of birth and adoption and the information therein contained without due cause, except as herein provided. Any person, except such parents or adopted person, who discloses any information contained in such records, except as herein provided, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. Whenever a certified copy of an adoption decree from a court of a foreign country, having jurisdiction of the adopted person, is filed with the Department of Public Health under the provisions of this section, such decree, when written in a language other than English, shall be accompanied by an English translation, which shall be subscribed and sworn to as a true translation by an American consulate officer stationed in such foreign country.
Sec. 4. Section 45a-744 of the general statutes is repealed and the following is substituted in lieu thereof:
It is the policy of the state of Connecticut to make available, consistent with the provisions of sections 1 and 2 of this act, to adopted and adoptable persons who are adults (1) information concerning their background and status; to give the same information to their adoptive parent or parents; and, in any case where such adult persons are deceased, to give the same information to their adult descendants, [including] and adopted descendants [except] including access to, and a copy of, their original birth certificate as provided by section [7-51] 7-53, as amended by section 3 of this act, and their probate court adoption files; (2) to provide for [consensual] release of additional information to the adult adopted or adoptable persons which may identify the biological parents or relatives of such adult adopted or adoptable persons; [when release of such information is in the best interests of such persons;] (3) except as provided in subdivisions (4) and (5), to protect the right to privacy of all parties to termination of parental rights, statutory parent and adoption proceedings; (4) to make available to any biological parent of an adult adopted or adult adoptable person, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, information which would tend to identify such adult adopted or adult adoptable person; and (5) to make available to any adult biological sibling of an adult adopted or adult adoptable person information which would tend to identify such adult adopted or adult adoptable person.
Sec. 5. Subsection (e) of section 45a-746 of the general statutes is repealed and the following is substituted in lieu thereof:
(e) None of the information provided for in this section shall be made available if it is of such a nature that it would tend to identify a biological parent or parents of the adopted person, except as provided in sections 1 and 2 of this act, 45a-750, as amended by section 6 of this act, 45a-751, as amended by section 7 of this act, 45a-751a, as amended by section 8 of this act, 45a-751b, as amended by section 9 of this act, and 45a-753.
Sec. 6. Subsection (c) of section 45a-750 of the general statutes is repealed and the following is substituted in lieu thereof:
(c) The provisions of chapter 55 shall not apply to the provisions of this section or section 45a-751, as amended by section 7 of this act. Any information provided in this section shall not be released unless the child-placing agency, department or court is satisfied as to the identity of the person requesting the information. The provisions of this section shall not be applied to prevent individuals entitled to identifying information pursuant to sections 1 and 2 of this act from receiving such information.
Sec. 7. Section 45a-751 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Any authorized applicant may, by applying in person or in writing to the child-placing agency or department, request the release of information that identifies or would tend to identify biological relatives who are unknown as the result of an adoption or termination of parental rights. The child-placing agency or department shall attempt to locate the person or persons sought in the request.
(b) Following such attempt, the child-placing agency or department shall furnish the information requested unless: (1) The consents required by section 45a-751b, as amended by section 9 of this act, are not given; or (2) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the applicant; or (3) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the person whose identity is being requested.
(c) If the child-placing agency or department within sixty days of receipt of the request denies the request pursuant to subsection (b) of this section, the child-placing agency or department shall inform the applicant in writing of its determination. If a determination to grant or to deny the request is not reached within sixty days, the child-placing agency or department shall state the reason for the delay.
(d) The provisions of this section shall not be applied to prevent individuals entitled to identifying information pursuant to sections 1 and 2 of this act from receiving such information.
Sec. 8. Section 45a-751a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) If the authorized applicant is a resident of this state and it appears that counseling is advisable with release of the information, the child-placing agency or department may request that such person appear for an interview.
(b) If the authorized applicant is not a resident of Connecticut and it appears that counseling is advisable with release of the information, the child-placing agency or department may refer the person to an out-of-state child-placing agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children.
(c) If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the authorized applicant, provided such information shall not be released if such child-placing agency or department determines that release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the adult adopted or adoptable person or the person whose identity is being requested and provided such information shall not be released unless the consents required by subsection (b) of section, as amended by section 7 of this act, are given and the out-of-state child-placing agency or department is satisfied as to the identity of the person.
(d) The provisions of this section shall not be applied to prevent individuals entitled to identifying information pursuant to sections 1 and 2 of this act from receiving such information.
Sec. 9. Section 45a-751b of the general statutes is repealed and the following is substituted in lieu thereof:
(a) [If] Except as provided in sections 1 and 2 of this act, if parental rights were terminated on or after October 1, 1995, any information tending to identify the adult adopted or adoptable person, a biological parent, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, or adult biological sibling shall not be disclosed unless written consent is obtained from the person whose identity is being requested.
(b) [If] Except as provided in sections 1 and 2 of this act, if parental rights were terminated on or before September 30, 1995, (1) any information tending to identify the biological parents, including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights, shall not be disclosed unless written consent is obtained from each biological parent who was party to such proceedings and (2) identifying information shall not be disclosed to a biological parent, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, without the written consent of each biological parent who was a party to such proceedings and the consent of the adult adopted or adoptable person whose identity is being requested.
(c) [If] For purposes of this section, if the whereabouts of any person, except a biological parent, whose identity is being sought are unknown, the court shall appoint a guardian ad litem pursuant to subsection (c) of section 45a-753.
(d) When the authorized applicant requesting identifying information has contact with a biological sibling who is a minor, identifying information shall not be disclosed unless consent is obtained from the adoptive parents or guardian or guardian ad litem of the sibling.
(e) Any information tending to identify any adult relative other than a biological parent shall not be disclosed unless written consent is obtained from such adult relative. The consent of any biological parents common to the person making the request and the person to be identified shall be required unless (1) the parental rights of such parents have been terminated and not reinstated, guardianship has been removed and not reinstated or custody has been removed and not reinstated with respect to such adult relative or (2) the adoption was finalized on or after June 12, 1984. No consent shall be required if the person to be identified is deceased. If the person to be identified is deceased, the information that may be released shall be limited as provided in subsection (e) of section 45a-753.
(f) Any adult person for whom there is only removal of custody or removal of guardianship as specified in subsection (b) of section 45a-750, as amended by section 6 of this act, may apply in person or in writing to the child-placing agency, the department, the court of probate or the superior court which has the information. Such information shall be made available within sixty days of receipt of such request unless the child-placing agency, department or court notifies the person requesting the information that it cannot be made available within sixty days and states the reason for the delay. If the person making such request is a resident of this state and it appears that counseling is advisable with release of the information, the child-placing agency or department may request that the person appear for an interview. If the person making such request is not a resident of this state, and if it appears that counseling is advisable with release of the information, the child-placing agency, department or court may refer the person to an out-of-state agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children. If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the applicant, provided such information shall not be released unless the out-of-state child-placing agency or department is satisfied as to the identity of the person.
(g) The provisions of this section shall not be applied to prevent individuals entitled to identifying information pursuant to sections 1 and 2 of this act from receiving such information.
Sec. 10. Subsection (d) of section 45a-754 of the general statutes is repealed and the following is substituted in lieu thereof:
(d) Access to such records shall be in accordance with sections 1 and 2 of this act and sections 45a-743 to 45a-753, inclusive, as amended by this act. The records may also be disclosed upon order of the judge of probate to a petitioner who requires such information for the health or medical treatment of any adopted person. If such information is so required and is not within the records, the biological parent or parents or blood relatives may be contacted in accordance with the procedures in said section 45a-753.
Sec. 11. Subsection (a) of section 45a-755 is amended and the following is substituted in lieu thereof:
(a) Notwithstanding the provisions of sections 45a-746 to 45a-754, inclusive, as amended by this act, the department and each child-placing agency which was party to, or participated in, either applications for approval of adoption agreements or termination of parental rights shall maintain registries. Such registries shall contain registrations of voluntary consents, refusals of consent, [and] revocations of consent to the release of information which would identify the registrant, and the name and address of each biological parent registered for the purpose of receiving notice of a petition to release the identity of biological parents filed pursuant to section 2 of this act. In the case where no child-placing agency was party to or involved in either proceeding, the Department of Children and Families shall establish and maintain such registry. At any time following the termination of parental rights, the registration may be filed by: (1) A biological parent who was a party to the proceeding for the termination of parental rights; (2) an adult adopted person, an adult adoptable person, an adult adopted biological sibling of an adoptable or adopted person, or an adult nonadopted biological sibling of an adoptable or adopted person; (3) lineal ascendants and descendants of a deceased biological parent; (4) an adoptive parent for the purpose of obtaining medical information which affects an adopted person; or (5) a person claiming to be the father who was not a party to the proceeding for the termination of parental rights. No registrations shall be accepted unless the child-placing agency or department is satisfied as to the identity of the registrants.