Title 19, Chapter 8, Section 23
( 19-8-23)
(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to: Adoption Unit
Department of Human Resources
Atlanta, Georgia (b) The department or the child-placing agency may, in its sole
discretion, make use of any information contained in the records of
the respective department or agency relating to the adoptive parents
in connection with a subsequent adoption matter involving the same
adoptive parents or to provide notice when required by subsection
(a) of this Code section. (c) The department or the child-placing agency may, in its sole
discretion, make use of any information contained in its records on
a child when an adoption disrupts after finalization and when such
records are required for the permanent placement of such child, or
when the information is required by federal law. (d) Upon the request of a party at interest in the adoption or of a
provider of medical services to such a party when certain
information is necessary because of a medical emergency or for
medical diagnosis or treatment, the department or child-placing
agency may, in its sole discretion, petition the Superior Court of
Fulton County to obtain access to its own records on finalized
adoptions for the purpose of adding subsequently obtained medical
information or to release nonidentifying medical information
contained in its records on such adopted persons. (e) Records relating in any manner to adoption shall not be open to
the general public for inspection. (f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term: (A) "Commissioner" means the commissioner of the Department of
Human Resources or that person's designee. (B) "Department" means the Department of Human Resources or,
when the Department of Human Resources so designates, the county
department of family and children services which placed for
adoption the person seeking, or on whose behalf is sought,
information under this subsection. (C) "Placement agency" means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection. (D) "Biological parent" means the biological mother or
biological father who surrendered that person's rights or had
such rights terminated by court order giving rise to the
adoption of the child. (2) The department or a placement agency, upon the written request
of an adopted person who has reached 21 years of age or upon the
written request of an adoptive parent on behalf of that parent's
adopted child under 21 years of age, shall release to such adopted
person or to the adoptive parent on the child's behalf
nonidentifying information regarding such adopted person's
biological parents and information regarding such adopted person's
birth. Such information may include the date and place of birth
of the adopted person and the genetic, social, and health history
of the biological parents. No information released pursuant to
this subsection shall include the name or address of either
biological parent or the name or address of any relative by birth
or marriage of the biological parent. (3) The department or a placement agency upon written request of
an adopted person who has reached 21 years of age shall release to
such adopted person the name of such person's biological parent
if: (A) The biological parent whose name is to be released has
submitted unrevoked written permission to the department or the
placement agency for the release of that parent's name to the
adopted person; (B) The identity of the biological parent submitting permission
for the release of that parent's name has been verified by the
department or the placement agency; and (C) The department or the placement agency has records
pertaining to the finalized adoption and to the identity of the
biological parent whose name is to be released. (4)(A) If a biological parent has not filed written unrevoked
permission for the release of that parent's name to the adopted
child, the department or the placement agency, within six months
of receipt of the written request of the adopted person who has
reached 21 years of age, shall make diligent effort to notify
each biological parent identified in the original adoption
proceedings or in other records of the department or the
placement agency relative to the adopted person. For purposes
of this subparagraph, "notify" means a personal and confidential
contact with each biological parent named on the original birth
certificate of the adopted person. The contact shall not be by
mail and shall be by an employee or agent of the placement
agency which processed the pertinent adoption or by other agents
or employees of the department. The contact shall be evidenced
by the person who notified each parent certifying to the
department that each parent was given the following information: (i) The nature of the information requested by the adopted
person; (ii) The date of the request of the adopted person; (iii) The right of each biological parent to file within 60
days of receipt of the notice an affidavit with the placement
agency or the department stating that such parent's identity
should not be disclosed; (iv) The right of each biological parent to file a consent to
disclosure with the placement agency or the department at any
time; and (v) The effect of a failure of each biological parent to file
either a consent to disclosure or an affidavit stating that
the information in the original birth certificate or sealed
adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the
disclosure of that parent's identity, such parent's name shall
be released to the adopted child who has requested such
information as authorized by this paragraph. (C) If, subsequent to being notified by the department or
placement agency, a biological parent has not filed an unrevoked
consent to the disclosure of that parent's identity at any time
within six months after the written request for such information
is received by the department or placement agency or such parent
has filed with the department or placement agency within 60 days
after notice to such person of the request for such information
an affidavit objecting to such release, whichever occurs later,
that information regarding that biological parent will not be
released. (D)(i) If the director of a placement agency or the
commissioner certifies that the placement agency or department
has been unable to notify a parent identified in the original
adoption record within six months after receipt of the adopted
person's written request and if neither identified biological
parent has at any time filed an unrevoked consent to
disclosure with the placement agency or the department, the
identity of a biological parent may only be disclosed as
provided in division (ii) or (iii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age may
petition the Superior Court of Fulton County to seek the
release of the identity of each of that person's biological
parent from the department or placement agency. The court
shall grant the petition if the court finds that the
department or placement agency has made diligent efforts to
locate each biological parent pursuant to this subparagraph
without success and that failure to release the identity of
each biological parent would have an adverse impact upon the
physical, mental, or emotional health of the adopted person. (iii) If it is verified that the biological parent of the
adopted person is deceased and if there is no sibling of the
adopted person who may be contacted, the department or
placement agency shall be authorized to disclose the name and
place of burial of the deceased biological parent, if known,
to the adopted person seeking such information without the
necessity of obtaining a court order. (5)(A) Upon written request of an adopted person who has reached
21 years of age or a person who has reached 21 years of age and
who is the sibling of an adopted person, the department or a
placement agency shall attempt to identify and notify the
siblings of the requesting party, if such siblings are at least
18 years of age. Upon locating the requesting party's sibling,
the department or the placement agency shall notify the sibling
of the inquiry. Upon the written consent of the sibling so
notified, the department or the placement agency shall forward
the requesting party's name and address to the sibling and, upon
further written consent of the sibling, shall divulge to the
requesting party the present name and address of the sibling.
If the sibling is deceased or cannot be identified or located,
the department or the placement agency shall notify the
requesting party of such circumstances but shall not disclose
any names or other information which would tend to identify the
sibling. (B) The adopted person who has reached 21 years of age or a
person who has reached 21 years of age and who is the sibling of
an adopted person may petition the Superior Court of Fulton
County to seek the release of the last known name and address of
each of the siblings of the petitioning sibling, that are at
least 18 years of age, from the department or placement agency.
The court shall grant the petition if the court finds that the
department or placement agency has made diligent efforts to
locate such siblings pursuant to subparagraph (A) of this
paragraph without success and that failure to release the
identity and last known address of said siblings would have an
adverse impact upon the physical, mental, or emotional health of
the petitioning sibling. (6) The Division of Family and Children Services Adoption Unit
within the department shall maintain a registry for the recording
of requests by adopted persons for the name of any biological
parent, for the recording of the written consent or the written
objections of any biological parent to the release of that
parent's identity to an adopted person upon the adopted person's
request, and for nonidentifying information regarding any
biological parent which may be released pursuant to paragraph (2)
of this subsection. The department and any placement agency which
receives such requests, consents, or objections shall file a copy
thereof with that unit. (7) The department or placement agency may charge a reasonable fee
to be determined by the department for the cost of conducting any
search pursuant to this subsection. (8) Nothing in this subsection shall be construed to require the
department or placement agency to disclose to any party at
interest, including but not limited to an adopted person who has
reached 21 years of age, any information which is not kept by the
department or the placement agency in its normal course of
operations relating to adoption. (9) Any department employee or employee of any placement agency
who releases information or makes authorized contacts in good
faith and in compliance with this subsection shall be immune from
civil or criminal liability for such release of information or
authorized contacts. (10) Information authorized to be released pursuant to this
subsection may be released under the conditions specified in this
subsection notwithstanding any other provisions of law to the
contrary. (11) A placement agency which demonstrates to the department by
clear and convincing evidence that the requirement that such
agency search for or notify any biological parent or sibling under
subparagraph (A) of paragraph (4) of this subsection or
subparagraph (A) of paragraph (5) of this subsection will impose
an undue hardship upon that agency shall be relieved from that
responsibility, and the department shall assume that
responsibility upon such finding by the department of undue
hardship. The department's determination under this subsection
shall be a contested case within the meaning of Chapter 13 of
Title 50, the "Georgia Administrative Procedure Act." (12) Whenever this subsection authorizes both the department and a
placement agency to perform any function or requires the placement
agency to perform any function which the department is also
required to perform, the department or agency may designate an
agent to perform that function and in so performing it the agent
shall have the same authority, powers, duties, and immunities as
an employee of the department or placement agency has with respect
to performing that function. |