Ind. Code ch. 31-19-25

Ind. Code ch. 31-19-25
in effect

Ind. Code § 31-19-25-1 Application of chapter

Sec. 1. Before July 1, 2018, this chapter applies to all adoptions that are filed after December 31, 1993. Beginning July 1, 2018, this chapter applies to all adoptions, regardless of the date the adoption was filed. [Pre-1997 Recodification Citation: 31-3-4.5-1.] As added by P.L.1-1997, SEC.11. Amended by P.L.3-2016, SEC.13.

Ind. Code § 31-19-25-2 Requirements for release of identifying information

Sec. 2. (a) The following may request the release of identifying information: (1) An adoptee who is an adult. (2) A birth parent. (3) An adoptive parent. (4) The spouse or relative of a deceased adoptee. (5) The spouse or relative of a deceased birth parent. (b) Except as otherwise provided under this chapter, upon a request for the release of identifying information under subsection (a): (1) the state registrar; (2) the department; (3) a local office; (4) a licensed child placing agency; (5) a professional health care provider; (6) the attorney who arranged the adoption; and (7) a court; shall release identifying information in the person's possession to the individual requesting the release of identifying information only if the adoptee has submitted a written consent under IC 31-19-21 to the state registrar or the person from whom the release of identifying information is requested for release of identifying information to the individual requesting the release of identifying information. (c) A person releasing identifying information under subsection (b) shall, upon request by the individual requesting the identifying information, provide copies of the identifying information to the requesting individual described under subsection (a). [Pre-1997 Recodification Citation: 31-3-4.5-3.] As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.165; P.L.145-2006, SEC.260; P.L.191-2011, SEC.41; P.L.128-2012, SEC.75; P.L.217-2019, SEC.1.

Ind. Code § 31-19-25-2.5 Release prohibited; request information; affidavit

Sec. 2.5. (a) Except as provided in subsection (b), if an individual requests the release of identifying information under section 2 of this chapter regarding an adoptee who is less than twenty-one (21) years of age, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter unless the adoptee's adoptive parent has submitted a written consent for the release of identifying information. (b) The state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter if the request for the release of identifying information involves an adoptee to whom both of the following apply: (1) The adoptee is less than twenty-one (21) years of age. (2) The adoptee's name is on the list provided to the Indiana department of health under IC 31-25-2-22. (c) A licensed child placing agency, a professional health care provider, an attorney, and a court: (1) may request that the Indiana department of health search the list provided under IC 31-25-2-22 to determine whether an adoptee's name is on the list; and (2) shall, at the time of the request, provide: (A) the name of the adoptee at the time parental rights were terminated; and (B) an affidavit under penalty of perjury affirming that the licensed child placing agency, professional health care provider, attorney, or court is seeking information regarding the adoptee for the purpose of providing identifying information under this chapter. (d) Not later than five (5) days after the Indiana department of health receives a request and affidavit under subsection (c), the Indiana department of health shall submit an affidavit to the child placing agency, professional health care provider, attorney, or court verifying whether the adoptee's name is on the list provided under IC 31-25-2-22. As added by P.L.191-2011, SEC.42. Amended by P.L.128-2012, SEC.76; P.L.56-2023, SEC.290.

Ind. Code § 31-19-25-3 Contact preference form; filing; duration; withdrawal; effect of consent

Sec. 3. (a) A birth parent may restrict access to identifying information concerning the birth parent by filing a contact preference form with the state registrar that evidences the birth parent's lack of consent to the release of identifying information under this chapter. (b) A person who arranges for the signing of a consent to adoption shall provide the birth parent with a contact preference form and the explanation described in IC 31-19-9-6. (c) Except as provided in sections 15 and 17 of this chapter, the following persons may not release any identifying information concerning a birth parent to an individual requesting the release of identifying information under section 2 of this chapter if a contact preference form that evidences the birth parent's lack of consent to the release of identifying information is in effect at the time of the request for identifying information: (1) The state registrar. (2) The department. (3) A local office. (4) A licensed child placing agency. (5) A professional health care provider. (6) The attorney who arranged the adoption. (7) A court. (d) Except as provided in subsection (f), the contact preference form filed under this section remains in effect until the birth parent who filed the contact preference form files a new contact preference form. (e) The contact preference form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent. (f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent's death. [Pre-1997 Recodification Citation: 31-3-4.5-4(a).] As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.261; P.L.58-2009, SEC.30; P.L.191-2011, SEC.43; P.L.128-2012, SEC.77; P.L.3-2016, SEC.14.

Ind. Code § 31-19-25-3.5 Sending copy of contact preference form to state registrar

Sec. 3.5. The following persons shall send a copy of a contact preference form received by the person from a birth parent to the state registrar: (1) The department. (2) A local office. (3) A licensed child placing agency. (4) A professional health care provider. (5) An attorney. (6) A court. As added by P.L.191-2011, SEC.44. Amended by P.L.128-2012, SEC.78; P.L.3-2016, SEC.15.

Ind. Code § 31-19-25-4 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-4(b).] As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.45. Repealed by P.L.3-2016, SEC.16.

Ind. Code § 31-19-25-4.4 Nonrelease forms submitted before July 1, 2018; duration; notice of lapse; effect of consent

Sec. 4.4. (a) Notwithstanding any other law, a nonrelease form that: (1) indicates the birth parent's lack of consent to the release of identifying information; and (2) was submitted by a birth parent before July 1, 2018; remains in effect for the time indicated by the birth parent on the nonrelease form. (b) Unless a birth parent has indicated on the nonrelease form that the birth parent does not desire the state registrar to send notice to the birth parent at the time that the birth parent's nonrelease form lapses, the state registrar shall mail a notice to a birth parent who submitted a nonrelease form as described in subsection (a) at least ninety (90) days before the birth parent's nonrelease form lapses indicating that: (1) the nonrelease form will lapse; and (2) if the birth parent prefers not to be contacted by a person requesting identifying information, the birth parent must file a contact preference form indicating that the birth parent does not want to be contacted. (c) A nonrelease form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent. (d) A nonrelease form is no longer in effect if the birth parent who filed the nonrelease form is deceased unless the nonrelease form specifically states that the nonrelease form remains in effect after the birth parent's death. As added by P.L.3-2016, SEC.17.

Ind. Code § 31-19-25-4.6 Contact preference form; contents; identification; duration; changing preference

Sec. 4.6. (a) The state registrar shall prescribe a contact preference form for birth parents. The form must include the following: (1) A component in which a birth parent is to indicate one (1) of the following with regard to a person that requests identifying information: (A) That the birth parent welcomes the person to contact the birth parent directly and authorizes the release of identifying information. (B) That the birth parent prefers that the birth parent be contacted through an intermediary and does not authorize the release of identifying information directly to the person. (C) That the birth parent prefers that the person not contact the birth parent directly or through an intermediary and does not authorize the release of identifying information. (D) That the birth parent: (i) prefers that the person not contact the birth parent as provided under clause (C); but (ii) welcomes the state registrar to contact the birth parent to request that the birth parent update the birth parent's medical information. (2) A component in which a birth parent who prefers to be contacted through an intermediary as provided under subdivision (1)(B) may designate a third party to act as the intermediary for the birth parent. (3) Provisions necessary for the state registrar to be able to identify the adoption file of the adoptee to whom the form pertains. (4) A notice that the birth parent may change the birth parent's indicated preference regarding contact by filing a new contact preference form with the state registrar. (5) A notice that an adoptee who does not know which court entered the adoption decree regarding the adoptee may seek assistance from the state registrar. (b) The state registrar may accept a completed contact preference form from a birth parent only if the birth parent provides to the state registrar one (1) item of identification of the birth parent. (c) Except as provided in subsection (f), a contact preference form submitted by a birth parent to the state registrar does not lapse. (d) If a birth parent has previously completed and submitted a contact preference form, the state registrar shall replace the birth parent's previous contact preference form with the birth parent's new contact preference form. (e) A birth parent may file a completed contact preference form with the state registrar to change the birth parent's indicated preference regarding contact as many times as the birth parent wishes. (f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased, unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent's death. As added by P.L.3-2016, SEC.18.

Ind. Code § 31-19-25-4.8 Contact through intermediary; request updated medical information; communications confidential; immunity

Sec. 4.8. (a) If a birth parent indicates that the birth parent prefers to be contacted through an intermediary as described in section 4.6(a)(1)(B) of this chapter, the state registrar shall: (1) attempt to make personal contact with the third party designated by the birth parent under section 4.6(a)(2) of this chapter; or (2) attempt to make personal contact with the birth parent if the birth parent did not designate a third party as the birth parent's intermediary under section 4.6(a)(2) of this chapter. (b) At the time that the state registrar makes contact with a: (1) birth parent; or (2) third party designated by the birth parent; the state registrar shall request that the birth parent update the birth parent's medical information with the state registrar. (c) If the birth parent indicates that the birth parent welcomes the state registrar to contact the birth parent for the purpose of updating medical information as provided in section 4.6(a)(1)(D) of this chapter, the state registrar shall attempt to make personal contact with the birth parent to request that the birth parent update the birth parent's medical information. (d) All communications by the state registrar under this section are confidential. (e) The state registrar discharging in good faith the responsibilities under this section is immune from all civil and criminal liability that otherwise might result. As added by P.L.3-2016, SEC.19.

Ind. Code § 31-19-25-5 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-4(c).] As added by P.L.1-1997, SEC.11. Repealed by P.L.3-2016, SEC.20.

Ind. Code § 31-19-25-6 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-5(b).] As added by P.L.1-1997, SEC.11. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-7 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-5(c).] As added by P.L.1-1997, SEC.11. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-8 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-5(d), (e), (f).] As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.166; P.L.145-2006, SEC.262. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-9 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-5(g), (h), (i).] As added by P.L.1-1997, SEC.11. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-10 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-5(j).] As added by P.L.1-1997, SEC.11. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-11 Storage and indexing of requests and contact preference forms

Sec. 11. The state registrar shall provide for the storage and indexing of requests and contact preference forms under this chapter. [Pre-1997 Recodification Citation: 31-3-4.5-6 part.] As added by P.L.1-1997, SEC.11. Amended by P.L.3-2016, SEC.21.

Ind. Code § 31-19-25-12 Errors in execution of forms

Sec. 12. The state registrar may contact an individual who submits a request form or contact preference form that is incorrectly or incompletely executed to inform the individual regarding the error in the execution of the form. [Pre-1997 Recodification Citation: 31-3-4.5-7.] As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.46; P.L.3-2016, SEC.22.

Ind. Code § 31-19-25-13 Fee for expenses

Sec. 13. (a) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter: (1) A licensed child placing agency. (2) The court. (3) The department. (4) A local office. (5) A professional health care provider. (6) The Indiana department of health, except as provided in subsection (b). (b) The Indiana department of health may not charge a fee for filing a contact preference form under this chapter. [Pre-1997 Recodification Citation: 31-3-4.5-6 part.] As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.263; P.L.128-2012, SEC.79; P.L.3-2016, SEC.23; P.L.56-2023, SEC.291.

Ind. Code § 31-19-25-14 Repealed

[Pre-1997 Recodification Citation: 31-3-4.5-2.] As added by P.L.1-1997, SEC.11. Repealed by P.L.191-2011, SEC.57.

Ind. Code § 31-19-25-15 Consent not required

Sec. 15. Except as provided in section 21 of this chapter, the consent of an adoptee is not required for the release of identifying information under this chapter if the individual requesting the release of identifying information under section 2 of this chapter submits: (1) a death certificate; (2) an obituary; (3) records from the STEVE system; or (4) any other form of evidence approved by the Indiana department of health; indicating that the adoptee is deceased, to the person releasing the identifying information. As added by P.L.191-2011, SEC.47. Amended by P.L.190-2017, SEC.9; P.L.56-2023, SEC.292.

Ind. Code § 31-19-25-16 Search of death certificates

Sec. 16. If an individual submits a request for the release of identifying information under section 2 of this chapter, the state registrar shall search the death certificates in the state registrar's possession regarding: (1) a related adoptee: (A) who has not submitted a consent for the release of information under IC 31-19-21; and (B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or (2) a birth parent who has filed a written nonrelease form (before July 1, 2018) or a contact preference form (after June 30, 2018). As added by P.L.191-2011, SEC.48. Amended by P.L.3-2016, SEC.24.

Ind. Code § 31-19-25-17 Deceased adoptee or birth parent; release of identifying information

Sec. 17. (a) If, upon searching the death certificates under section 16 of this chapter, the state registrar finds that an adoptee or a birth parent is deceased, the state registrar shall: (1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and (2) release the identifying information if additional consent is not required by this chapter. (b) The state registrar may not release identifying information under subsection (a) concerning: (1) a birth parent or adoptee if additional consent is required by this chapter; or (2) a birth parent if a contact preference form submitted by the birth parent that evidences the birth parent's lack of consent to the release of identifying information specifically states that the contact preference form remains in effect after the birth parent's death. As added by P.L.191-2011, SEC.49. Amended by P.L.3-2016, SEC.25.

Ind. Code § 31-19-25-18 Request to contact adoptee

Sec. 18. An individual who submits a request for the release of identifying information under section 2 of this chapter may contact: (1) a local office; (2) a licensed child placing agency; or (3) the attorney who arranged the adoption; to request that the local office, the licensed child placing agency, or the attorney contact an adoptee whose consent is necessary before identifying information may be released under this chapter. As added by P.L.191-2011, SEC.50. Amended by P.L.128-2012, SEC.80.

Ind. Code § 31-19-25-18.5 Contact and disclosure prohibited

Sec. 18.5. An attorney, a licensed child placing agency, and a local office may not contact an adoptee, a birth parent, or an adoptive parent or disclose identifying information upon a request under section 18 of this chapter if the request involves an adoptee to whom both of the following apply: (1) The adoptee is less than twenty-one (21) years of age. (2) The adoptee's name is on the list provided to the Indiana department of health under IC 31-25-2-22. As added by P.L.191-2011, SEC.51. Amended by P.L.128-2012, SEC.81; P.L.56-2023, SEC.293.

Ind. Code § 31-19-25-19 Contact; disclosure of identifying information; written consent

Sec. 19. (a) Except as provided in section 18.5 of this chapter and subject to section 21 of this chapter, upon a request described under section 18 of this chapter, a local office, a licensed child placing agency, or an attorney that contacts an adoptee may not disclose identifying information unless the adoptee: (1) if the adoptee is at least twenty-one (21) years of age, gives written consent; or (2) if the adoptee is less than twenty-one (21) years of age, has the written consent of the adoptee's adoptive parents; to the release of identifying information by the local office, the licensed child placing agency, or the attorney. (b) If: (1) an adoptee who is at least twenty-one (21) years of age; or (2) an adoptive parent of an adoptee who is less than twenty-one (21) years of age; consents to the release of identifying information but does not provide the consent in writing, the local office, the licensed child placing agency, or the attorney may inform the birth parent regarding the fact that the adoptee or the adoptive parent has consented to the release of identifying information. The local office, the licensed child placing agency, or the attorney may inquire as to whether the adoptee or adoptive parent, whose consent is still needed before identifying information may be released, is interested in participating in the adoption registry under IC 31-19-18 through IC 31-19-24, this chapter, and IC 31-19-25.5. As added by P.L.191-2011, SEC.52. Amended by P.L.6-2012, SEC.204; P.L.128-2012, SEC.82.

Ind. Code § 31-19-25-20 Fee for services; fee for actual expenses

Sec. 20. (a) A local office, a licensed child placing agency, or an attorney may charge a reasonable fee for services performed or actual expenses incurred under section 19 of this chapter. (b) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter: (1) A licensed child placing agency. (2) The court. (3) The department. (4) A local office. (5) A professional health care provider. (6) An attorney. (7) The Indiana department of health. As added by P.L.191-2011, SEC.53. Amended by P.L.128-2012, SEC.83; P.L.56-2023, SEC.294.

Ind. Code § 31-19-25-21 Client consent required for release of identifying information by attorney; court order

Sec. 21. (a) An attorney may release identifying information under this chapter only if the client that the attorney represented in the adoption has submitted a written consent to the release of the identifying information to the individual requesting the identifying information. (b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney's possession may be released only under a court order issued in a proceeding under IC 31-19-24. As added by P.L.191-2011, SEC.54.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026