§2934. Statement of medical and social history information.  


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  • (a) Filing places.--A statement regarding medical and social history information may be filed with the following:

    (1) The court that terminated parental rights.

    (2) The court that finalized the adoption.

    (3) The agency that coordinated the adoption.

    (4) The information registry established under Subchapter C (relating to information registry).

    (b) Individuals authorized to file and request.--The following individuals may at any time file, update and request a statement regarding medical and social history information:

    (1) An adoptee who is 18 years of age or older.

    (2) An adoptive parent or legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated.

    (3) A descendant of a deceased adoptee.

    (4) A birth parent.

    (5) A legal guardian of an adjudicated incapacitated birth parent.

    (6) A survivor of a deceased birth parent.

    (c) Maintenance of record.--A statement regarding medical and social history information shall be maintained as a permanent record.

    (d) Forwarding statement.--If a statement regarding medical and social history information is filed in the court that terminated parental rights, a copy of the statement shall be forwarded to the court that finalized the adoption and the information registry established under Subchapter C.

    (e) Notice of filing.--

    (1) Within 30 days of filing of a statement regarding medical and social history information, the court, agency or information registry shall give notice of its receipt to the individual who filed the statement.

    (2) Within 120 days after a statement is filed, the court, agency or information registry shall give notice of the filing to the individual who is at least 21 years of age and to whom the information is intended to benefit, if known or identified in its records.

    (f) Request for information.--

    (1) When the court or agency receives a written request for medical and social history information, it shall notify the requester within 120 days whether it possesses any medical and social history information relating to the adoption.

    (2) Within 120 days of locating medical and social history information, the court or agency shall do the following:

    (i) For nonidentifying information, review and furnish to the requester any medical and social history information that will not compromise the confidentiality of the relationship between the adoptee and the adoptee's birth parent.

    (ii) For identifying information, if an authorization form is on file with the court, agency or information registry, furnish to the requester the available identifying information in its records.

    (g) No information or authorization form on file.--If a court or agency receives a request for medical and social history information and finds that no such information is in its records or that no authorization form is on file, the court or agency shall do the following:

    (1) Contact the subject of the request and ask that the subject:

    (i) provide nonidentifying information for the benefit of the requester; or

    (ii) file an authorization form.

    (2) If the subject of the request cannot be located from information contained in the court records, appoint an authorized representative to use reasonable efforts to locate the subject.

    (3) If nonidentifying information is provided by the subject of the request, provide the nonidentifying information to the requester.

    (4) If an authorization form is filed, provide identifying information to the requester.

    (h) Deceased birth parent.--If the requester is an adoptee seeking information about a birth parent and the birth parent is deceased, any information on file regarding the deceased birth parent may be disclosed.