Legal Provisions for Searching Biological Parents After Adoption in North Dakota
In North Dakota, the law provides certain provisions for adopted individuals who wish to search for their biological parents. These provisions are outlined in the North Dakota Century Code and are designed to protect the rights and privacy of all parties involved in the adoption process.
Requesting Disclosure of Identifying Information
According to the North Dakota Century Code 14-15-16, an adopted individual who is eighteen years of age or older may request the department to initiate the disclosure of information identifying the adopted individual’s genetic parents (North Dakota Century Code 14-15-16(8)). This request is subject to certain conditions and restrictions to ensure the privacy and rights of the genetic parents are respected.
Requesting Disclosure of Nonidentifying Information
In addition to identifying information, an adopted individual may also request the disclosure of nonidentifying information not on file with the department or a child-placing agency (North Dakota Century Code 14-15-16(8)). Nonidentifying information typically includes medical history, ethnicity, race, education, profession, and other details that do not reveal the direct identity of the genetic parents.
Confidentiality of Adoption Records
All papers, records, and identifying and nonidentifying information relating to an adopted individual, birth siblings, birth parents, or adoptive parents are confidential and may be disclosed only in accordance with the provisions of the North Dakota Century Code 14-15-16(4). This confidentiality extends to information that is part of the permanent record of the court or of a file in the department or in an agency.
Application for New Birth Record
Upon finalization of an adoption, the clerk of the court prepares an application for a birth record in the new name of the adopted individual and forwards the application to the appropriate vital statistics office (North Dakota Century Code 14-15-18). This new birth record replaces the original birth record, and the original is usually sealed and kept confidential.
Health History of Genetic Parents
The health history of genetic parents and blood relatives is considered nonidentifying information and can be disclosed in a manner prescribed by the department (North Dakota Century Code 14-15-16(1)(j)). This information can be crucial for adopted individuals as it can provide important insights into potential genetic health risks.
In conclusion, the process of searching for biological parents after adoption in North Dakota is governed by specific legal provisions. These provisions aim to balance the rights of the adopted individual to know their origins and the rights of the genetic parents to privacy. It is advisable to consult with a legal professional or a trusted adoption agency to navigate this process effectively and in accordance with the law.