SUMMARY--Provides for certification of confidential intermediaries to act in matters pertaining to adoption. (BDR 11-1004)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to adoption; providing for the certification of confidential intermediaries by the supreme court of Nevada to act in matters pertaining to adoption; defining the duties and obligations of a confidential intermediary; requiring the supreme court to adopt rules necessary for the establishment and administration of a program providing for such certification; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 126.061 is hereby amended to read as follows:
126.0611. If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband's consent with the health division of the department of human resources, where it must be kept confidential and in a sealed file. The physician's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown [.] or by a certified confidential intermediary pursuant to sections 3 to 13, inclusive, of this act.
2. The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived.
Sec. 2 Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 13, inclusive, of this act.
Sec. 3 As used in sections 3 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act, have the meanings ascribed to them in those sections.
Sec. 4 "Adoptee" means a person who was adopted.
Sec. 5 "Child-placing agency" means a nonprofit corporation organized pursuant to chapter 82 of NRS and licensed by the division to place children for adoption or permanent free care.
Sec. 6 "Confidential intermediary" means a person certified by the supreme court of Nevada to search confidential records for information about, and to arrange contact between, persons who are biologically related but separated by adoption.
Sec. 7 1. The supreme court shall adopt such rules and procedures as it determines are necessary to establish and administer a program for the certification of confidential intermediaries, including, without limitation, the minimum qualifications of confidential intermediaries, the required fees for applications for certification, a schedule of fees that may be charged by confidential intermediaries, standards of conduct for confidential intermediaries, and the maintenance of information compiled by confidential intermediaries pursuant to sections 3 to 13, inclusive, of this act.
2. A person shall not act as a confidential intermediary unless he is certified as a confidential intermediary by the supreme court.
3. Every applicant for certification as a confidential intermediary shall submit with his application a complete set of his fingerprints and written permission authorizing the supreme court to forward the fingerprints to the Federal Bureau of Investigation and to the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant. The fee for the certificate must include an amount, not to exceed the actual cost, incurred by the supreme court in obtaining the reports on the criminal history of the applicant.
4. The supreme court may accept and expend gifts and grants to assist in the administration of the program and, when necessary, to defray the costs of searches conducted by confidential intermediaries.
Sec. 8 1. The following persons may petition a district court for the appointment of a confidential intermediary:
(a) An adoptive parent of an adoptee or, if the adoptive parents are deceased, the legal guardian of an adoptee, if the adoptee is 18 years of age or older.
(b) An adoptee who is 21 years of age or older.
(c) An adoptee who is 18 years of age or older but less than 21 years of age, if the adoptee has the written consent of his adoptive parents or legal guardian to initiate a search for his biological parents.
(d) If an adoptee is deceased, a spouse of the adoptee if the spouse is 21 years of age or older and is the parent or legal guardian of a child of the adoptee.
(e) If an adoptee is deceased, a child of the adoptee if the child is 21 years of age or older.
(f) A biological parent of an adoptee if the parent is 21 years of age or older.
(g) If a biological parent of an adoptee is deceased, a parent of the deceased biological parent.
(h) A biological sibling of an adoptee if the sibling is 21 years of age or older.
2. The division or a child-placing agency may designate one of its employees to serve as a confidential intermediary. Any person so designated must meet the qualifications prescribed by the rules adopted by the supreme court before he may be certified as a confidential intermediary.
Sec. 9 1. Upon being appointed by a district court pursuant to sections 3 to 13, inclusive, of this act, a confidential intermediary shall commence a search for the birth parent or adoptee being sought. Notwithstanding any specific statute to the contrary, a confidential intermediary may inspect any documents relating to the birth and adoption of an adoptee, including, but not limited to, court records, the records of the division, and the records of a child-placing agency or maternity home. A confidential intermediary may inspect such records of another state only to the extent authorized by the laws of that state. Except as otherwise provided in sections 3 to 13, inclusive, of this act, the confidential intermediary shall keep confidential all information obtained in the course of his investigation.
2. A confidential intermediary shall use confidential information obtained pursuant to this section only to arrange a contact or to share identifying information between the person who requested the search and the person who is the subject of the search.
3. Before a confidential intermediary contacts an adoptee who is the subject of a search, the confidential intermediary must review the relevant court records to determine if any affidavits have been filed pursuant to section 11 of this act.
4. Except as otherwise provided in sections 8 and 12 of this act, a confidential intermediary shall not, in conducting his search, contact any person who is less than 21 years of age.
Sec. 10 1. A confidential intermediary must obtain written consent from both the person who requests a search pursuant to sections 3 to 13, inclusive, of this act, and the person who is the subject of the search before the confidential intermediary arranges for the sharing of identifying information or a contact between those persons.
2. If, as a result of a search, a confidential intermediary discovers that:
(a) The subject of the search is deceased; or
(b) If the subject of the search is the biological father of an adoptee, the identity of the biological father was unknown to or was not revealed by the biological mother,
the confidential intermediary shall inform the person who requested the search of that fact.
3. If a confidential intermediary, after a diligent search, is unable within 1 year to locate the subject of a search to obtain written consent to share identifying information or arrange a meeting, the confidential intermediary shall:
(a) Inform the person who requested the search of that fact; and
(b) Prepare and place with the documents compiled as a result of the search, a written report describing the extent of the search.
4. If a confidential intermediary is unable to locate the subject of a search, the person who requested the search may petition the district court to release identifying information or to expand the search to include members of the family of the birth parent or adoptee, as appropriate. If, based on a review of the petition and the report prepared by the confidential intermediary, the court determines that good cause exists, the court may:
(a) Determine what information may be released and the manner in which it may be released; and
(b) Authorize the confidential intermediary to expand the search to include members of the family of the birth parent or adoptee, as appropriate.
5. An extended search authorized pursuant to subsection 4 must be limited to the biological grandparents of the adoptee, the siblings of the biological parents of the adoptee and, except as otherwise provided in section 11 of this act, the biological siblings of the adoptee.
Sec. 11 1. An adoptive parent who has not informed an adoptee that the adoptee was adopted may file an affidavit so stating with the court where the adoption took place. An adoptive parent who files such an affidavit may at any time withdraw the affidavit. If, in his search of the court records, a confidential intermediary finds an affidavit filed by an adoptive parent pursuant to this subsection, the confidential intermediary shall not contact the adoptee directly or indirectly unless:
(a) The adoptive parent who filed the affidavit withdraws the affidavit or signs a written consent allowing such contact; or
(b) The adoptee has filed an affidavit which states that he knows that he was adopted and that he wishes to make contact with members of his biological family.
2. A birth parent who has not informed his biological offspring of the existence of another biological child who was placed for adoption may file an affidavit so stating with the court where the adoption took place. A biological parent who files such an affidavit may at any time withdraw that affidavit. If, in his search of the court records, a confidential intermediary finds an affidavit filed by a biological parent pursuant to this subsection, the confidential intermediary shall not contact a biological sibling of the adoptee directly or indirectly unless:
(a) The biological parent who filed the affidavit withdraws the affidavit or signs a written consent allowing such contact; or
(b) The biological sibling has filed an affidavit which states that he knows about the existence of the adoptee and that the biological sibling wishes to make contact with the adoptee.
Sec. 12 1. Upon receiving a written statement from a licensed physician that explains in detail that an adoptee or a direct descendant of an adoptee is susceptible to a serious health condition that has already been diagnosed in a member of his biological family, a district court may appoint a confidential intermediary to locate the adoptee or direct descendants of the adoptee. The confidential intermediary shall make a diligent effort to notify:
(a) The adoptee, if the adoptee is 18 years of age or older;
(b) The adoptive parents of the adoptee, if the adoptee is less than 18 years of age; or
(c) The direct descendants of the adoptee, if the adoptee is deceased,
that the medical information, which does not otherwise reveal the identity of any member of the biological family, is available and will be provided upon written request.
2. Upon receiving a written statement from a licensed physician that explains in detail why information concerning the existence of a serious health condition of an adoptee should be communicated to a biological parent or sibling of the adoptee to enable the members of the biological family of the adoptee to make informed medical decisions, a district court may appoint a confidential intermediary to locate the biological parent or sibling of the adoptee. The confidential intermediary shall make a diligent effort to notify the biological parent or sibling that such medical information, which does not otherwise reveal the identity of the adoptee, is available and will be provided upon written request.
Sec. 13 A person who petitions a district court for the appointment of a confidential intermediary shall pay for the actual and reasonable costs incurred by a court, the division or a child-placing agency in providing information to the confidential intermediary conducting the search.
Sec. 14 NRS 127.057 is hereby amended to read as follows:
127.0571. Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy thereof to the division, together with a report of the permanent address of the person in whose favor the consent was executed.
2. Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this state shall immediately notify the division of the impending adoption.
3. All information received by the division pursuant to the provisions of this section is confidential and , except as otherwise provided in sections 3 to 13, inclusive, of this act, must be protected from disclosure in the same manner that information is protected under NRS 432.035.
4. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 15 NRS 127.140 is hereby amended to read as follows:
127.1401. All hearings held in proceedings under this chapter are confidential and must be held in closed court, without admittance of any person other than the petitioners, their witnesses, the director of an agency, or their authorized representatives, attorneys and persons entitled to notice by this chapter, except by order of the court.
2. [The] Except as otherwise provided in sections 3 to 13, inclusive, of this act, the files and records of the court in adoption proceedings are not open to inspection by any person except upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor or if a natural parent and the child are eligible to receive information from the state register of adoptions.
Sec. 16 NRS 62.360 is hereby amended to read as follows:
62.3601. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135; [and]
(c) Information maintained in the standardized system established pursuant to NRS 62.420 [.] ; and
(d) Records relating to the adoption of a child to a certified confidential intermediary conducting a search for information in accordance with sections 3 to 13, inclusive, of this act.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child's name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child's name and authorize its use in the civil action.
Sec. 17 NRS 440.310 is hereby amended to read as follows:
440.3101. Whenever the state registrar receives a certified report of adoption, amendment or annulment of adoption filed in accordance with the provisions of NRS 127.157 or the laws of another state or foreign country, or a certified copy of the adoption decree he shall prepare a supplementary certificate of birth in the new name of the adopted person which shows the adoptive parents as the parents, and, except as otherwise provided in subsection 2, seal and file the report or decree and the original certificate of birth.
2. Whenever the state registrar receives a certified report of adoption, amendment or annulment of an order or decree of adoption from a court concerning a person born outside this state, the report must be forwarded to the office responsible for vital statistics in the person's state of birth. If the birth occurred in a foreign country, the report must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency unless a birth certificate has been prepared pursuant to NRS 440.303, in which case the state registrar shall, if he receives evidence that:
(a) The person being adopted is a citizen of the United States; and
(b) The adoptive parents are residents of Nevada,
prepare a supplementary certificate of birth as described in subsection 1.
3. Sealed documents may be opened only [upon] :
(a) Upon an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor [.] ; or
(b) Pursuant to a search conducted by a certified confidential intermediary pursuant to sections 3 to 13, inclusive, of this act.
4. Upon the receipt of a certified copy of a court order of annulment of adoption, the state registrar shall restore the original certificate to its original place in the files.
Sec. 18 NRS 440.320 is hereby amended to read as follows:
440.3201. In case of the legitimation of any child by subsequent marriage of its parents, the state registrar, upon receipt of a certified copy of the marriage certificate or a certified abstract of the recorded certificate of marriage of the parents, together with a statement of the husband acknowledging paternity, shall prepare a new certificate of birth in the new name of the child so legitimated.
2. The new certificate shall not include any notation concerning the original certificate of birth of the child.
3. The evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction [.] or for inspection by a certified confidential intermediary conducting a search for information pursuant to sections 3 to 13, inclusive, of this act.
Sec. 19 NRS 440.325 is hereby amended to read as follows:
440.3251. In the case of the paternity of a child being established by the:
(a) Mother and father acknowledging paternity of a child by affidavit; or
(b) Order of a district court,
the state registrar, upon the receipt of the affidavit or court order, shall prepare a new certificate of birth in the name of the child as shown in the affidavit or order with no reference to the fact of legitimation.
2. The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.
3. The evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction [.] or for inspection by a certified confidential intermediary conducting a search for information pursuant to sections 3 to 13, inclusive, of this act.
Sec. 20 This act becomes effective on July 1, 1997.