SUMMARY--Makes various changes concerning adoptions. (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; requiring certain persons involved in adoption proceedings to sign statements indicating whether they authorize certain identifying and medical information to be released to certain persons; authorizing certain persons to request the division of child and family services of the department of human resources or a child-placing agency to conduct a search for the purpose of reunion or obtaining updated nonidentifying medical information about an adoptee or his biological relatives; 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 Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. "Adoptee" means a person who was adopted.
Sec. 4. "Authorized adoptive relative" means:
1. An adoptee who is at least 18 years of age.
2. If an adoptee is less than 18 years of age, or is at least 18 years of age and is legally incapacitated, an adoptive parent or legal guardian of an adoptee.
3. The spouse of an adoptee if:
(a) The spouse is at least 18 years of age;
(b) The spouse is the parent or legal guardian of a child of the adoptee; and
(c) The adoptee is deceased or legally incompetent.
4. If an adoptee is at least 18 years of age and has been adjudicated mentally incompetent, an adoptive parent or legal guardian of the adoptee.
Sec. 5. "Authorized biological relative" means:
1. A natural parent of an adoptee if the parent is at least 18 years of age.
2. If a natural parent of an adoptee is deceased or has been adjudicated mentally incompetent, a parent or legal guardian of the natural parent.
3. A biological sibling of an adoptee if the sibling is at least 18 years of age.
Sec. 6. "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. 7. 1. If an adoptee was released for adoption before January 1, 1998:
(a) An authorized adoptive relative may, if the adoptee suffers from or may suffer from a serious health condition to which an authorized biological relative also may be susceptible, petition a district court to issue a request to the division or a child-placing agency to initiate a search for an authorized biological relative so that the adoptive relative may provide updated nonidentifying medical information about the adoptee to the authorized biological relative or so that he may obtain such information from the authorized biological relative.
(b) An authorized biological relative may, if he suffers from a serious health condition to which the adoptee may be susceptible, petition a district court to issue a request to the division or a child-placing agency to initiate a search for an authorized adoptive relative so that he may provide updated nonidentifying medical information to the authorized adoptive relative.
2. A petition filed with a district court pursuant to this section must include a written statement from a licensed physician or a provider of mental health services describing the serious health condition of the petitioner or the condition to which he is susceptible and stating that diagnosis and treatment would be facilitated with access to extended family medical information.
3. Upon receiving a request from a district court pursuant to this section, the division or a child-placing agency shall make a diligent effort to locate the authorized adoptive relative or authorized biological relative, as appropriate.
Sec. 8. 1. On or after January 1, 1998, each person who releases a child for adoption, consents to the adoption of a child, or whose parental rights are terminated by a court of competent jurisdiction shall sign a statement which:
(a) Confirms that he has received information about the state register for adoptions; and
(b) Indicates whether he:
(1) Authorizes, has not decided whether to authorize or does not authorize the release of information that identifies him to authorized adoptive relatives; and
(2) Authorizes the division or a child-placing agency to contact him to provide updated nonidentifying medical information.
2. Each adoptive parent of an adoptee whose adoption was final on or after January 1, 1998, shall sign a statement which:
(a) Confirms that he has received information concerning the state register for adoptions; and
(b) Authorizes the division or a child-placing agency to contact him to provide updated nonidentifying medical information.
3. The division or a child-placing agency responsible for an adoption shall submit the statements required pursuant to this section to the state register for adoptions.
Sec. 9. 1. The division, a child-placing agency or a person with whom the division or a child-placing agency contracts to conduct a search may conduct a search to locate a natural parent of an adoptee at the request of an authorized adoptive relative for the purpose of a reunion if the statement made pursuant to subsection 1 of section 8 of this act:
(a) Authorizes the release of identifying information to authorized adoptive relatives; or
(b) Indicates that the natural parent has not decided whether to authorize the release of identifying information to authorized adoptive relatives and the division or child-placing agency locates the natural parent who authorizes such information to be released to authorized adoptive relatives.
2. The division, child-placing agency or person with whom the division or child-placing agency contracted to conduct a search shall make a diligent effort to locate the natural parent during any search conducted pursuant to this section. Any contact made with the natural parent must be made by an employee of the division or child-placing agency.
3. If the natural parent is contacted, he may authorize, prohibit or do nothing concerning the release of his identifying information. The division or child-placing agency shall consider inaction by the natural parent as prohibiting the release of identifying information about him. If the natural parent prohibits the release of identifying information, the division or child-placing agency shall not take any further action concerning the matter.
4. If the natural parent consents to the release of identifying information about him, the division or child-placing agency must obtain a signed statement from him indicating his consent and file the statement with the state register for adoptions before releasing any identifying information concerning the natural parent.
5. The provisions of this section apply only in a case involving an adoptee who was released for adoption on or after January 1, 1998.
Sec. 10. 1. The division, a child-placing agency or a person with whom the division or a child-placing agency contracts to conduct a search may conduct a search at the request of an authorized adoptive relative or an authorized biological relative to obtain updated nonidentifying medical information which is not on file with the division or child-placing agency if a party signed the statement pursuant to section 8 of this act authorizing the division or child-placing agency to contact him regarding this information.
2. The division, child-placing agency or person with whom the division or child-placing agency contracted to conduct a search shall make a diligent effort to locate the person who is the subject of a search pursuant to this section. Any contact made with such person who is the subject of the search must be made by an employee of the division or child-placing agency.
3. If the person is the subject of the search for the purpose of receiving updated nonidentifying medical information, he may consent to, prohibit or do nothing concerning the release of such information. The division or child-placing agency shall consider inaction by the person who is the subject of the search as prohibiting the release of such information. If the subject of the search prohibits the release of such information, the division or child-placing agency shall not take any further action concerning the matter.
4. If the person who is the subject of the search consents to the release of nonidentifying medical information about him, the division or child-placing agency must obtain a signed statement from the person indicating his consent and file the statement with the state register for adoptions before releasing such information. Information provided pursuant to this section must be provided to the person who requested the search in a manner that does not identify the person who is the subject of the search.
5. The provisions of this section apply only in a case involving an adoptee who was released for adoption on or after January 1, 1998.
Sec. 11. A person who provides information to an authorized adoptive relative or an authorized biological relative in good faith pursuant to section 7, 9 or 10 of this act, or pursuant to the request of a court is not liable for any damages resulting from the disclosure.
Sec. 12. The division and each child-placing agency that conducts a search pursuant to section 7, 9 or 10 of this act:
1. May charge a reasonable fee for conducting a search; and
2. Shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 11, inclusive, of this act.
Sec. 13. NRS 127.005 is hereby amended to read as follows:
127.005The provisions of NRS 127.010 to 127.186, inclusive, and sections 2 to 12, inclusive, of this act govern the adoption of minor children, and the provisions of NRS 127.190 [to 127.210, inclusive,] , 127.200 and 127.210, and the provisions of NRS 127.010 to 127.186, inclusive, where not inconsistent with the provisions of NRS 127.190 [to 127.210, inclusive,] , 127.200 and 127.210, govern the adoption of adults.
Sec. 14. NRS 127.007 is hereby amended to read as follows:
127.0071. The division shall maintain the state register for adoptions, which is hereby established, in its central office to provide information to identify adults who were adopted and persons related to them within the third degree of consanguinity.
2. The state register for adoptions consists of:
(a) Names and other information, which the administrator of the division deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the division;
(b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the division; [and]
(c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the division [.] ; and
(d) Statements signed pursuant to section 8 of this act.
Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information to identify that person, including the information that such a name was ever in the register.
3. Except as otherwise provided in subsection 4, the division may release information:
(a) About a person related within the third degree of consanguinity to an adopted person; or
(b) About an adopted person to a person related within the third degree of consanguinity,
if the names and information about both persons are contained in the register and written consent for the release of such information is given by the natural parent.
4. An adopted person may, by submitting a written request to the division, restrict the release of any information concerning himself to one or more categories of relatives within the third degree of consanguinity.