North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2284 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.0297.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Senators Hogan, Weber, Van Oosting
7	7	Representatives Dobervich, McLeod, S. Olson
8	8	A BILL for an Act to amend and reenact sections 14-15-16 and 23-02.1-18 of the North Dakota
9	9	Century Code, relating to disclosure of information in adoption proceedings and access to birth
10	10	records.
11	11	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	12	SECTION 1. AMENDMENT. Section 14-15-16 of the North Dakota Century Code is
13	13	amended and reenacted as follows:
14	14	14-15-16. Hearings and records in adoption proceedings - Confidential nature -
15	15	Disclosure of identifying and nonidentifying information - Retroactive operation.
16	16	1.The provisions of this section supersede any other law regarding public hearings and
17	17	records.
18	18	2.For purposes of this section:
19	19	a."Genetic, "genetic parent" includes a man presumed or adjudicated to be the
20	20	adopted individual's father under chapter 14-20 and an alleged father when so
21	21	indicated in the files of the child-placing agency or the department, but only if
22	22	there exists in those files information that corroborates the allegation of paternity,
23	23	including the existence of communications between the alleged father and the
24	24	child-placing agency, or between the alleged father and the genetic mother or
25	25	members of her family, or such other corroborative information as may be
26	26	permitted by rules adopted by the department.
27	27	b."Notify" means to make a personal and confidential contact with the individual to
28	28	whom a disclosure of identifying information has been requested. The personal
29	29	and confidential contact must be made by an employee or agent of the
30	30	child-placing agency that processed the adoption or by some other licensed
31	31	child-placing agency designated by the individual initiating the search.
32	32	Page No. 1 25.0297.01000
33	33	SENATE BILL NO. 2284
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60	60	3.All hearingsA hearing held in actionsan action under this chapter must be held in
61	61	closed court without admittance of any individual other than an essential officersofficer
62	62	of the court, the partiesa party, their witnessesa witness, counsel, individualsan
63	63	individual who havehas not previously consented to the adoption but areis required to
64	64	consent, the parentsa parent of an adult to be adopted, and representatives of the
65	65	agenciesan agency representative present to perform their official duties. Upon a
66	66	showing of good cause by the petitioner, the court may prohibit the parentsa parent of
67	67	an adult to be adopted from attending the adoption hearings and proceedings. A
68	68	parent of an adult to be adopted who is prohibited by the court from attending the
69	69	proceedings may submit relevant testimony or information regarding the petition to the
70	70	court in writing.
71	71	4.All papers; records; and identifying and nonidentifying information relating to an
72	72	adopted individual, birth siblings, birth parents, or adoptive parents, whether part of the
73	73	permanent record of the court or of a file in the department or in an agency are
74	74	confidential and may be disclosed only in accordance with this section. Papers,
75	75	records, and information directly pertaining to the adoption must be kept permanently
76	76	by the department and agency.
77	77	5.Nonidentifying information, if known, concerning undisclosed genetic parents must be
78	78	furnishedprovided at a reasonable fee to:
79	79	a.The adoptive parentsAn adoptive parent at the time of adoptive placement or
80	80	upon their written request;
81	81	b.An adopted adult upon written request; or
82	82	c.A birth parent upon written request.
83	83	6.The clerk of the appropriate district court, upon request and payment of the proper fee,
84	84	shall furnishprovide a certified copy of the decree of adoption to the adoptive parents,
85	85	the:
86	86	a.Adoptive parent or guardian of an adopted minor child, or an adopted adult,
87	87	provided the decree does not disclose the identity of the genetic parents or the
88	88	name of the adopted individual before the adoption action; and
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120	120	b.Adopted adult, including disclosure of the identity of the genetic parents and the
121	121	name of the adopted adult before the adoption action if such identifying
122	122	information is included in the decree of adoption.
123	123	7.Before the child reaches adulthood, at the discretion of the child-placing agency, and
124	124	with due regard for confidentiality, exchanges of identifying or nonidentifying
125	125	information may take place between the genetic parents, adoptive parents, and
126	126	adopted child.
127	127	a.Disclosure of a party's identifying information may not occur unless the party
128	128	consents to disclosure.
129	129	b.If one parent objects, the identifying information disclosed by the agency may
130	130	only relate to the consenting parent or parents.
131	131	8.An adopted individual who is eighteen years of age or older may request the
132	132	department to initiate the disclosure of information identifying the adopted individual's
133	133	genetic parents or to initiate the disclosure of nonidentifying information not on file with
134	134	the department or a child-placing agency.
135	135	9.An adopted individual who is eighteen years of age or older may request the
136	136	department to initiate the disclosure of information identifying the adopted individual's
137	137	adult genetic sibling.
138	138	10.A genetic parent of an adopted individual, after that individual has reached twenty-one
139	139	years of age, may request the department to initiate the disclosure of information
140	140	identifying that individual or to initiate the disclosure of nonidentifying information not
141	141	on file with the department or a child-placing agency.
142	142	11.An adult genetic sibling of an adopted individual, after that individual has reached
143	143	twenty-one years of age, may request the department to initiate disclosure of
144	144	information identifying that individual.
145	145	12.An adult child of a deceased adopted individual may request the department to initiate
146	146	the disclosure of information identifying the adopted individual's genetic parents or to
147	147	initiate the disclosure of nonidentifying information not on file with the department or
148	148	child-placing agency.
149	149	13.An adult child of an adopted individual who is still living may not request the
150	150	department to initiate disclosure of information identifying the adopted individual's
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184	184	genetic parents or to initiate the disclosure of nonidentifying information not on file with
185	185	the department or child-placing agency.
186	186	14.The department shall, within five workingseven days ofafter receipt of a request under
187	187	subsection 8, 9, 10, 11, 12, or 13, notify in writing a child-placing agency having
188	188	access to the requested information. If the department's records do not identify any
189	189	child-placing agency having access to the requested information, the department,
190	190	within five workingseven days after receipt of thea request, shall so notify the
191	191	requester in writing. The requester may designate a child-placing agency from a list of
192	192	such agencies furnishedprovided by the department, ask the department to designate
193	193	an agency, or terminate the request.
194	194	15.Within ninety days after receiving notice of a request made under subsection 8, 9, 10,
195	195	11, 12, or 13, the child-placing agency shall make:
196	196	a.Make complete and reasonable efforts to notify the individual or individuals with
197	197	respect to which a disclosure of identifying information has been requested. The
198	198	child-placing agency must certifysecure and compile the requested information;
199	199	b.Certify the results of its efforts to the department within one hundred twenty days
200	200	after receipt of the request; and
201	201	c.If applicable, include in the certification a statement of whether an adopted
202	202	individual or a genetic sibling knows the identity of a living mutual genetic parent
203	203	in accordance with subsection 17 .
204	204	16.The child-placing agency may charge a reasonable fee to the requester for the cost of
205	205	making a search pursuant to thea request. All communications under this subsection
206	206	are confidential. If the search is not completed within ninety days, additional time may
207	207	be requested. Approval of this request must be given by the individual requesting the
208	208	search.
209	209	16.The personal and confidential contact must be evidenced by an affidavit of notification
210	210	executed by the individual who notified each genetic parent, adopted individual, or
211	211	genetic sibling and certifying that each genetic parent, adopted individual, or genetic
212	212	sibling contacted was given the following information:
213	213	a.The nature of the identifying information to which the agency has access.
214	214	b.The nature of any nonidentifying information requested.
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248	248	c.The date of the request of the adopted individual, genetic parent, or genetic
249	249	sibling.
250	250	d.The right of the genetic parent, adopted individual, or genetic sibling to file,
251	251	authorize disclosure or refuse to authorize disclosure.
252	252	e.The effect of a failure of the genetic parent, adopted individual, or genetic sibling
253	253	to either authorize disclosure or refuse to authorize disclosure.
254	254	17.An adopted individual, genetic parent, or genetic sibling, with respect to whom a
255	255	disclosure of identifying information has been requested, may authorize disclosure,
256	256	refuse to authorize disclosure, or take no action. If no action is taken in response to a
257	257	request, the child-placing agency must treat that as a refusal to authorize disclosure,
258	258	except that it does not preclude disclosure after the individual's death.
259	259	18.If the child-placing agency has been able to locate only one genetic parent who
260	260	authorizes disclosure and the other genetic parent cannot be located, the identifying
261	261	information must be disclosed to the adopted individual. The information disclosed by
262	262	the agency may relate only to the consenting parent.
263	263	19.If the child-placing agency has located both genetic parents and only one genetic
264	264	parent authorizes disclosure, the child-placing agency may not disclose identifying
265	265	information regarding the consenting parties unless there is a court order authorizing
266	266	the disclosure. Upon application to the court by the child-placing agency, the court
267	267	shall issue an order authorizing disclosure of information identifying the consenting
268	268	parties. The order must include any conditions the court determines sufficient to
269	269	reasonably ensure the continued nondisclosure of information identifying the objecting
270	270	genetic parent. Conditions placed on the disclosure may include a sworn statement by
271	271	the consenting genetic parent to refrain from disclosing to the adopted individual any
272	272	information identifying the objecting genetic parent.
273	273	20.The certification of the child-placing agency to the department must include:
274	274	a.A statement of whether it has been able to notify the individual about whom a
275	275	disclosure of identifying information was requested and whether a notification
276	276	was precluded by the death of the individual.
277	277	b.If a genetic sibling was to be notified at the request of an adopted individual, or if
278	278	an adopted individual was to be notified at the request of a genetic sibling, a
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312	312	statement of whether either individual knows the identity of any mutual genetic
313	313	parent.
314	314	c. Assurances that:
315	315	(1)No disclosure of identifying information has been made with respect to any
316	316	adopted individual, genetic parent, or genetic sibling who has not authorized
317	317	the disclosure in writing unless the child-placing agency has verified that the
318	318	individual has died leaving no unrevoked written refusal to authorize
319	319	disclosure.
320	320	(2)Any disclosure of identifying information that might lawfully be made under
321	321	this section was made within ten days after the date of receipt of written
322	322	authorization or the date on which the agency verified that the individual had
323	323	died.
324	324	d.Copies of any written authorization of disclosure or refusal to authorize
325	325	disclosure.
326	326	e.A statement that the individual about whom disclosure of identifying information
327	327	was requested has neither authorized nor refused to authorize disclosure at the
328	328	time of the certification.
329	329	f.The date of each notification.
330	330	g.A copy of each affidavit of notification.
331	331	21.17.The child-placing agency, acting on the request of an adopted individual to disclose
332	332	identifying information about a genetic sibling, or acting on the request of a genetic
333	333	sibling to disclose identifying information about an adopted individual, must determine
334	334	if either individual knows the identity of a living mutual genetic parent. If either
335	335	individual knows the identity of a living mutual genetic parent, no disclosure may be
336	336	made unless that parent is first notified, in the manner provided for in subsection 13.
337	337	The identifying information released may only relate to the consenting partiesthat
338	338	information must be disclosed in accordance with subsection 15 .
339	339	22.18.Upon application to the department by an adult adopted individual or the parent or
340	340	guardian of a minor adopted child, the department may investigate or cause to be
341	341	investigated facts necessary to determine the adopted individual's eligibility for
342	342	enrollment as a member of an Indian tribe.
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376	376	a.The department may inquire of any individual or agency, including a licensed
377	377	child-placing agency in North Dakota, to assist in the investigation.
378	378	b.All identifying information obtained by the department shall remain confidential.
379	379	c.The bureau of Indian affairs or an Indian tribe may be provided sufficient
380	380	information obtained from the investigation to determine the eligibility of the
381	381	adopted individual for enrollment in an Indian tribe. Before the department's
382	382	release of information to the bureau of Indian affairs or an Indian tribe, the
383	383	department shall request written assurance from the bureau of Indian affairs or
384	384	an Indian tribe that the information provided will remain confidential and will not
385	385	be furnished to any unauthorized individual or agency.
386	386	d.c.The procedure used in contacting the genetic parents of the adopted child must
387	387	be a personal and confidential contact. Any necessary contact must be made by
388	388	an employee or agent of a licensed child-placing agency or the department. The
389	389	information requested of the genetic parents must be limited to that information
390	390	necessary to make a determination of the adopted individual's eligibility for
391	391	enrollment in an Indian tribe.
392	392	e.d.The department or agency may charge a reasonable fee.
393	393	23.19.An individual may not be required to disclose the name or identity of either an adoptive
394	394	parent or an adopted individual except:
395	395	a.In accordance with this section;
396	396	b.As authorized in writing by the adoptive parent or the adopted individual; or
397	397	c.Upon order of the court entered in a proceeding brought under subsection 2420.
398	398	24.20.An adopted individual, a genetic parent, a genetic sibling, or a guardian of any of those
399	399	individuals may petition the district court for an order directing the disclosure of
400	400	identifying information.
401	401	a.The petitioner shall state that efforts to secure the requested disclosure have
402	402	been made under this section or are forbiddenprohibited under this section, that
403	403	the petitioner has a significant need for the disclosure, and the nature of that
404	404	need.
405	405	b.The petition shallmust name the department and any child-placing agency that
406	406	has received a request under subsection 8, 9, 10, 11, 12, or 13 as respondents.
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440	440	c.The respondents must furnishprovide, to the court, for in camera review, copies
441	441	of such records as the respondents may possess that contain requested
442	442	identifying information.
443	443	d.The court may determine if individuals about whom the disclosure of identifying
444	444	information is requested must be furnishedprovided notice of the proceeding and
445	445	may require that the respondents give notice to those individuals. If those
446	446	personsindividuals participate in the proceeding theythe individuals must be
447	447	permittedallowed to do so in a manner, to be determined by the court, which
448	448	avoids disclosure of identifying information except when disclosure is ordered by
449	449	the court.
450	450	e.The court may order disclosure only if the petitioner demonstrates that disclosure
451	451	will not result in any substantial harm to the individual about whom identifying
452	452	information is sought. The court may not order the disclosure of identifying
453	453	information concerning any individual who objects to that disclosure.
454	454	25.21.The provisions of this section governing the release of identifying and nonidentifying
455	455	adoptive information apply to adoptionsan adoption completed before and after July 1,
456	456	1979.
457	457	26.22.Any child-placing agency discharging in good faith its responsibilities under this
458	458	section is immune from any liability, civil or criminal, that otherwise might result.
459	459	27.23.The department shall make such reasonableadopt rules as are necessary to carry out
460	460	the purposes of this section.
461	461	SECTION 2. AMENDMENT. Section 23-02.1-18 of the North Dakota Century Code is
462	462	amended and reenacted as follows:
463	463	23-02.1-18. New birth records following adoption, legitimation, and paternity
464	464	determination.
465	465	1.The state registrar shall establish a new birth record for a personan individual born in
466	466	this state when the registrar receives the following:
467	467	a.An adoption report as provided in section 23-02.1-17 or a certified copy of the
468	468	decree of adoption together with the information necessary to identify the original
469	469	birth record and to establish a new birth record; except that a new birth record
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502	502	may not be established if so requested by the court decreeing the adoption, the
503	503	adoptive parents, or the adoptive person.
504	504	b.A request that a new record be established and such evidence as required by
505	505	rules and regulations proving that such personindividual has been legitimated or
506	506	that a court of competent jurisdiction has determined the paternity of such
507	507	personindividual.
508	508	2.For a personan individual born in a foreign country whose adoptive parents are
509	509	residents of the state of North Dakota at the time of the adoption, the state registrar
510	510	shall prepare a new birth record:
511	511	a.In the case of a foreign-born personindividual adopted in North Dakota, upon
512	512	presentation of a report of adoption as required by section 23-02.1-17.
513	513	b.In the case of a foreign-born personindividual adopted outside the state of North
514	514	Dakota or outside the United States, or in the state of North Dakota prior to
515	515	July 1, 1979, upon presentation of a certified copy of the adoption decree, and:
516	516	(1)A certified copy of the birth record of the adopted personindividual; or
517	517	(2)An affidavit of an adoptive parent setting forth the true or probable date and
518	518	place of birth and parentage of the adopted personindividual.
519	519	Any certification of a birth record issued under this subsection must be in the same
520	520	form as other certifications of birth records issued in this state except that it must state
521	521	that it does not purport to be evidence of United States citizenship.
522	522	3.When a new birth record is established, the actual place and date of birth must be
523	523	shown. The new birth record must be substituted for the original birth record:
524	524	a.Thereafter, the original birth record and the evidence of adoption, paternity, or
525	525	legitimation is not subject to inspection except upon order:
526	526	(1)Request of the adopted individual who is eighteen years of age or older, the
527	527	state registrar shall provide to the adopted individual a copy of the
528	528	individual's original birth record and any evidence of adoption previously
529	529	filed with the state registrar; or
530	530	(2)Order of a court of competent jurisdiction or as provided by rules and
531	531	regulations.
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564	564	b.Upon receipt of a notice of annulment of adoption, the original birth record must
565	565	be restored to its place in the files and the new birth record and evidence is not
566	566	subject to inspection except upon order:
567	567	(1)Request of the adopted individual who is eighteen years of age or older, the
568	568	state registrar shall provide to the adopted individual a copy of the new birth
569	569	record and any evidence of adoption previously filed with the state registrar;
570	570	or
571	571	(2)Order of a court of competent jurisdiction.
572	572	4.If no birth record is on file for the personindividual for whom a new birth record is to be
573	573	established under this section, an original birth record must be filed with the state
574	574	registrar in accordance with the appropriate rules and regulations promulgatedadopted
575	575	by the department of health and human services. The new record is also to be
576	576	prepared on the standard forms in use at the time of the adoption, legitimation, or
577	577	paternity determination.
578	578	5.When a new birth record is established by the state registrar, all copies of the original
579	579	birth record in the custody of any custodian of permanent local records in the state
580	580	must be sealed from inspection or forwarded to the state registrar, as the registrar
581	581	directs.
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