Idaho State Statutes - Idaho Attorney Directory

VOLUNTARY ADOPTION REGISTRY FOR PROVIDING LIMITED ACCESS TO
BIRTH INFORMATION OF ADULT ADOPTEES. (a) The state registrar of vital
statistics shall establish and maintain a confidential list of qualified adult
adoptees who have presented a consent regarding the release of identifying
information about themselves. Any consent by a qualified adult adoptee shall
be accompanied by the adoptee's desired method of notification in the event
that a match occurs; however, the state shall not incur costs of notification
in excess of that part of the fee charged to the applicant for the purpose of
notification. Any consent shall also indicate whether the qualified adult
adoptee desires release of his identifying information if a match occurs after
his death. The qualified adult adoptee may revise his consent with respect to
change of address or method of notification. Any name and accompanying
information shall be removed from the list upon the verified written request
of the listed adoptee. The registrar shall maintain a closed record of such
list and accompanying information, except as provided in accordance with the
provisions of this section.
(b) The state registrar of vital statistics shall establish and maintain
a confidential list of qualified birthparents who have presented a consent
regarding the release of identifying information about themselves. Any consent
by a qualified birthparent shall be accompanied by the birthparent's desired
method of notification in the event that a match occurs; however, the state
shall not incur costs of notification in excess of that part of the fee
charged to the applicant for the purpose of notification. Any consent shall
also indicate whether the qualified birthparent desires release of his
identifying information if a match occurs after his death. The qualified
birthparent may revise his consent with respect to change of address or method
of notification. Any name and accompanying information shall be removed from
the list upon the verified written request of the listed birthparent. The
registrar shall maintain a closed record of such list and accompanying
information, except as provided in accordance with the provisions of section
39-258(h), and subsections (b), (c) and (d) of section 39-259, Idaho Code. Any
birthparent who, in terminating his parental rights, used an alias and this
alias is listed in the original sealed birth certificate, may also file a
consent with the registry. A birthparent shall not be matched with a qualified
adult adoptee without the consent of the other birthparent unless:
(1) There is only one (1) birthparent listed on the birth certificate; or
(2) The other birthparent is deceased; or
(3) The other birthparent is unable to be located by the department of
health and welfare or by a licensed child placement agency designated by
the department of health and welfare, after a search, which shall consist,
at a minimum, of a certified letter to the other birthparent at the last
known address and a newspaper advertisement made in the county of the last
known address; such search to be completed within ninety (90) days and the
cost of said search to be fully funded and completed by the birthparent
seeking a match; said search to be in accordance with the rules and
regulations promulgated by the department.
(c) The state registrar of vital statistics shall establish and maintain
a confidential list of qualified adult birth siblings who have presented a
consent regarding the release of identifying information about themselves. Any
consent by a qualified birth sibling shall be accompanied by the birth
sibling's desired method of notification in the event that a match occurs;
however, the state shall not incur costs of notification in excess of that
part of the fee charged to the applicant for the purpose of notification. Any
consent shall also indicate whether the qualified birth sibling desires
release of his identifying information if a match occurs after his death. The
qualified birth sibling may revise his consent with respect to change of
address or method of notification. Any name and accompanying information shall
be removed from the list upon the verified written request of the listed birth
sibling. The registrar shall maintain a closed record of such list and
accompanying information, except as provided in accordance with the provisions
of sections 39-258(h) and 39-259(b), Idaho Code, and this section.
(d) The state registrar shall maintain a confidential list of relatives
of deceased qualified adult adoptees and relatives of deceased qualified
birthparents who have presented a consent regarding the release of identifying
information about themselves. Any consent by such relative shall be
accompanied by the person's desired method of notification in the event that a
match occurs; however, the state shall not incur costs of notification in
excess of that part of the fee charged to the applicant for the purpose of
notification. Such relative may revise his consent with respect to change of
address or method of notification. Any name and accompanying information shall
be removed from the list upon the verified written request of the listed
relative. The state registrar shall maintain a closed record of such list and
accompanying information, except as provided in accordance with the provisions
of this section.
(e) The state registrar shall regularly review the lists provided for in
subsections (a), (b), (c) and (d) of this section, and any other nonsealed
administrative files or records within the office to determine if there is a
match. If it appears that a match has occurred, then and only then is the
registrar authorized to proceed to confirm the match through recourse to
sealed documents on file in the office of the registrar. When a match is
confirmed, the registrar shall notify each party, by its designated method
only, prior to an exchange of identifying information. Nothing in this section
shall be construed to allow any state or local governmental department,
agency, or institution, or any employee thereof, to solicit any consent for
the release of identifying information.
(f) When a match is made and both the adopted person and the birthparent
or parents, submit to the state registrar a notarized request for a copy of
the original birth record of the adopted person, the state registrar shall
issue such copy, marked "NOT FOR OFFICIAL USE", at the usual cost of
certificate copies.
(g) Nothing in this section shall be construed to allow the registrar to
issue a copy of the original birth certificate to any registrant, except as
provided for in subsection (f) of this section.
(h) Except upon order of a court of record of this state and
notwithstanding any other provision of law, the information acquired by the
registry shall not be disclosed under its public records law, sunshine or
freedom of information legislation, rules or practice.
(i) The initial fee to be charged each person requesting that his name be
placed on the list provided for in subsections (a), (b), (c) and (d) of this
section, and for the services provided by the registrar in establishing and
implementing the registry pursuant to this section, shall be ten dollars
($10.00). Except for the cost of the search described in subsection (b)(3) of
this section, the fee shall cover all direct and indirect costs incurred
pursuant to this section. The state board of health and welfare shall annually
review the fees and expenses incurred pursuant to this section and, as needed,
adjust the fees charged to cover the expenses of administering the provisions
of this section.

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