INDIANA AND OTHER STATE LAWS

Indiana is a very interesting state. Lately they have been getting lots of rain. So I imagine it is a very green state these days. Here in Texas we have a very serious drought. I have long heard that Texas has interestng politics. Texas pales greatly compared to Indiana. Only in the state of Indiana would you have an adoption agency in the same building as Planned Parenthood.

To actually be able to read the Indiana’s adoption code is a walk in the huh world. Some of it just plain doesn’t make any sense. There are some loopholes that they don’t tell you about and you would not find out about it until you hit the wall surrounding them.

WHO HAS ACCESS TO THE INFORMATION:

The adoptee age 21 and over
The birth parent or sibling
The adoptive parent
The spouse/relative of a deceasede adopted person
The spouse/relative of a deceased birth parent.

(comments: If the birth parents were not married to each other, this restricts the information that both the adoptive parent and the adoptee receive. If a birthmother refuses contact (as in my situation), you CANNOT have access to any information contained in the adoption file except for non identifying. This includes the adoptive parents, birthfather, any siblings, and the adoptee.) This prevents other members of the adoption triad from contacting each other legally. Many of the laws in Indiana are there to protect the birthmother point blank. Adoptees aren’t even afforded this much protection in the state of Indiana.

ACCESS TO NONIDENTIFYING INFORMATION

The person, licensed adoptive agency, or county office of family and children shall release all available social, medical, pyschological, and educations records concerning the child to: The adoptive parent and upon request, the 21 and older adoptee. This changes completely for the adoptee who was born after 7-1-93. Adoptees born before that date are given that information in a report form minus identifying information.

MUTUAL ACCESS TO IDENTIFYING INFORMATION:

Here is where they separate the adoptees. For adoptees born before 12-31-93 Identifying information shall be released if requested by person only if both parties (birthparent mainly birthmother and adoptee have consented) For adoptees born after 12-31-93, the adoptees are given the identifying information as long as there is no written nonrelease form on file. There is also a passive registry. All members of the triad can sign up for it. If the birthmother has refused contact, no one is given information. Like my situation, my birthfather, his daughter, my birthmother’s sons and any of her relatives, and I can all be on it but since she has refused contact no one is given identifying information. Now reading the actual code doesn’t specify which parent. Evidently the state was sued because the birthmothers in the lawsuits named the wrong father. Then you have a case like mine who did want me and fought to get me. I don’t believe he had adequate information to really fight the adoption. I wonder who did their best to keep him in the dark. As soon as I get the cases that affected Indiana law, I will post them. Pre adoptive siblings can also make contact but again that only refers to the birthmother’s children. The adoption code again doesn’t specify to either parent.

ACCESS TO ORIGINAL BIRTH CERTIFICATE:

The original birth certificate is withheld from inspection except for a child adopted by a stepparent or as provided in the statutes pertaining to release of identifying information.

WHERE THE INFORMATION CAN BE LOCATED:

Indiana Adoption History Registry.

IOWA

WHO MAY ACCESS THE INFORMATION:

The adoptee, the adult siblings and the birth parents.

ACCESS TO NONIDENTIFYING INFORMATION:

Any information compiled relating to medical history, medical and development history, and social history of the adoptee shall be made available at any time by the clerk of the court, the department, or any agency that made the placement.

The identity of the adoptee’s birthparents shall not be disclosed.

MUTUAL ACCESS TO IDENTIFYING INFORMATION:

Both the adoptee and the birthparents have to file a request and a consent to disclosure of identity. The state registrar must have sufficient information to make the requested match. There is also a passive registry.

ACCESS TO ORIGINAL BIRTH CERTIFICATE:

It is sealed by the court and is not available to be inspected unless by order of the court.

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2 Responses to “INDIANA AND OTHER STATE LAWS”

  1. Karen Says:

    Great Blog.I am a birthmother from Indiana,but living in Texas now.I’m trying to find my son in Indiana,but hes only 17.Could you please tell me how do I file a consent to release info? My email is birthmom2@yahoo.com
    Congradulations on finding your family.

  2. ginger Says:

    Hi!! I totally agree with you about the BC. I am not adopted but I am adopting a baby girl from Guatemala. I already have a copy of her original BC and I plan to be very open with her being adopted. I am sorry that you are so angry and I hope that you find what you are looking for.

    Ginger
    http://www.berali.blogspot.com

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