Order to guardian or court appointed special advocate to search
records
Sec. 3. Whenever the court appoints a confidential intermediary
under section 2(2) of this chapter, the court shall do the following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents and adoptees;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee, or
both that may arise if appropriate consideration is not given
to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain
records that may include:
(A) the division of public health statistics;
(B) the division of family and children or county office of
family and children;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the
medical, identifying, or nonidentifying information is being
sought, such as providing that the confidential intermediary may
only inform the person of the existence of the adoption history
program administered by the state registrar under this chapter
and IC 31-19-25.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search
under this chapter from resulting in harm to a birth parent or an
adoptee.
(5) Require the confidential intermediary to affirm under oath
that the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2
through 11 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997,
SEC.14; P.L.1-1998, SEC.164.
Last modified: May 24, 2006