(a) The records in adoption proceedings shall be open to inspection only to each petitioner or his or her attorney, the investigator appointed under Section 26-10E-19, any guardian ad litem appointed for the adoptee under Section 26-10E-21, and any attorney retained by or appointed to represent the adoptee. These records shall be open to other persons only upon order of court for good cause shown.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any individual other than the parties and their counsel, except with leave of court.(c) Upon entry of the final judgment of adoption, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection, except as otherwise provided in this section and in Section 22-9A-12(c). No individual shall have access to such records except upon order of the court in which the final judgment of adoption was entered for good cause shown, except as provided in Section 22-9A-12(c).(d) When the court enters a final judgment of adoption, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information referred to in subsection (g) in a separate summary sheet to the Department of Human Resources. All of the following information shall be included:
(1) The birth name and adoptive name of the adoptee.(2) The date and place of birth of the adoptee, except in the case of abandonment.(3) The circumstances under which the adoptee came to be placed for adoption.(4) The physical and mental condition of the adoptee, insofar as this can be determined by the aid of competent medical authority.(5) The name and last known address, dates of birth, and Social Security numbers, if known, of the biological parents of the adoptee.(6) The age of the biological parents at the adoptee’s birth.(7) The nationality, ethnic background, race, and religious preference of the biological parents of the adoptee.(8) The educational level of the biological parents of the adoptee.(9) Any pre-adoptive brother or sister relationships of the adoptee.(10) Whether the identity and location of the biological father of the adoptee is known or ascertainable.(e) The Department of Human Resources and the investigating agency’s adoption records must be kept for a minimum term of 75 years. If a licensed child placing agency ceases to operate in Alabama, all adoption records of the agency, including those of the adoptee, the biological family, and the adoptive family, shall be transferred to the department.(f) Except as otherwise provided in this section and in Section 22-9A-12(c), all files of the investigating office or agency appointed by the court under Section 26-10E-19 shall be confidential and shall be withheld from inspection except upon order of the court for good cause shown.(g) Notwithstanding subsection (f), the Department of Human Resources or the licensed investigating agency appointed by the court pursuant to Section 26-10E-19(b) and (c), shall furnish, upon request, to the petitioner or petitioners, the biological parents, or an adoptee 19 years of age or older, non-identifying information which shall be limited to the following:
(1) The health and medical histories of the adoptee’s biological parents.(2) The health and medical history of the adoptee.(3) The adoptee’s general family background, including ancestral information, without name references or geographical designations.(4) Physical descriptions of the adoptee’s biological parents.(5) The length of time the adoptee was in the care and custody of anyone other than the petitioner.(6) The circumstances under which the adoptee came to be placed for adoption.(h) Notwithstanding any other provision herein, if either the legal mother or the putative or legal father before the adoption has given written consent under oath to disclosure of identifying information that is not otherwise provided in this section and in Section 22-9A-12(c), the Department of Human Resources or a licensed child placing agency shall release the identifying information.(i) If the court finds that any person has a compelling need for non-identifying information not otherwise available under subsection (e) which can only be obtained through contact with the adoptee, the adoptee’s parents, the putative father or the legal father of the adoptee before the adoption, or the adoptee’s adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary, to furnish the information or to establish contact with the adoptee, the adoptee’s biological parents, the putative or legal father of the adoptee before the adoption, or the adoptive parents of the adoptee in order to obtain the information needed without disclosure of identifying information to or about the applicant. The information then shall be filed with the court and released to the applicant within the discretion of the court. However, the identity and whereabouts of any individuals contacted shall remain confidential.(j) Notwithstanding any subsection of this section to the contrary, when an adoptee reaches 19 years of age, he or she may petition the court for the disclosure of identifying information which is not otherwise provided for in this section or in Section 22-9A-12(c) if a former parent has not previously given consent under subsection (h). The court shall direct an intermediary to contact the former parents to determine if they will consent to the release of identifying information. If the former parent or parents consent to the release of identifying information the court shall so direct. If the former parent or parents are deceased, cannot be found, or do not consent to the release of identifying information, the court shall weigh the interest and rights of all the parties and determine if the identifying information should be released without the consent of the former parent.(k) The court shall have the jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding.
