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CHANGE # 06-2010
DECEMBER 2010
For many members of the adoption triad - adoptee, adoptive family, and biological family the process of adoption has severed ties and formed bridges to new connections. While there is a celebration of new family beginnings and relationships there are often losses associated with the disconnection from biological family and relationships. Adoption is a lifelong process that doesn’t end with the finalization of the adoption. Members of the adoption triad continue to process the adoption and often have many unanswered questions that permeate their lives. Many desire to know the identity, current life circumstance and/or updated medical information of the individual lost through adoption.
Historically, individuals seeking the release of identifying information could do so only by filing a written motion before the clerk of court of original jurisdiction, pursuant to G.S. § 48-9-105. This statute remains unaffected by the amendments made to G.S. § 48-9-104 (b) and can still be used, in lieu of Confidential Intermediary (CI) services, for the purposes of obtaining identifying information or for appointment of a confidential intermediary for those not entitled to contractual CI services.
The North Carolina General Assembly in Session Law 2007-262; House Bill 445 initially amended G.S. § 48-9-104, Release of Identifying Information, to add subsection (b), in 2008. Further amendments to this statute broaden the eligibility of those who may request CI services, effective October 1, 2010. This legislation provides that a child-placing agency licensed by the North Carolina Division of Social Services (Division) or a North Carolina county department of social services may agree to be a Confidential Intermediary (CI) without the need for an appointment order from the court for the following:
A. Biological Parent: by facilitating contact or the sharing of non-identifying and/or identifying information with adult adoptees with the written consent of the parties to the contact and/or the sharing of information.
B. Adult Adoptee: by facilitating contact or the sharing of non-identifying and/or identifying information with biological parents with the written consent of the parties to the contact and/or the sharing of information.
C. Adult Biological Sibling of an Adult Adoptee: by facilitating contact or the sharing of non-identifying and/or identifying information with biological siblings of an adult adoptee with the written consent of the parties, including that of an any living biological parent(s), to the contact and/or the sharing of information.
D. Adult Biological Half Sibling of an Adult Adoptee; by facilitating contact or the sharing of non-identifying and/or identifying information with biological half siblings of an adult adoptee with the written consent of the parties, including that of an any living biological parent(s), to the contact and/or the sharing of information.
E. Adult Family Member of a Deceased Biological Parent: by facilitating contact or the sharing of non-identifying and/or identifying information with a spouse, child, stepchild, parent, stepparent, grandparent or grandchild of a deceased biological parent with the written consent of the parties, including that of an any living biological parent(s), to the contact and/or the sharing of information.
F. Adult Family Member of a Deceased Adoptee: by facilitating contact or the sharing of non-identifying and/or identifying information with a spouse, child, stepchild, parent, stepparent, grandparent or grandchild of a deceased adoptee with the written consent of the parties, including that of an any living biological parent(s), to the contact and/or the sharing of information.
G. Adoptive Parent: by obtaining and sharing only current non-identifying birth family health information for a minor adoptee with the written consent of the parties to the sharing of non-identifying information.
The CI agency can choose to provide services to one or more of these categories of individuals listed above.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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