Vermont Statutes Title 15 Sec. 6-104
Terms Used In Vermont Statutes Title 15 Sec. 6-104
- Adoptee: means a person who is adopted or is to be adopted. See
- Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Former parent: means the parent of the adoptee whose rights were terminated, voluntarily or involuntarily. See
- 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.
- Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
- Identifying information: means any information which might establish the current whereabouts of an adoptee, the adoptee's former parent or other family member, including full name, date and place of birth, and last known address. See
- Minor: means a person who has not attained 18 years of age. See
- Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Records: means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption. See
- Registry: means the adoption registry administered by the Department. See
- Sibling: means a full or half brother or sister. See
§ 6-104. Release of nonidentifying information
(a) The following persons may request nonidentifying information from confidential adoption records:
(1) the adoptive parent, the legal custodian or guardian of an adoptee, an adoptee who has attained the age of 18, an emancipated adoptee, a deceased adoptee’s direct descendant who has attained the age of 18, or the parent or guardian of a direct descendant who has not attained the age of 18; and
(2) the adoptee’s former parent, grandparent, or sibling.
(b) Upon request by a person listed in subdivision (a)(1) of this section, the court that heard the adoption petition, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall furnish a detailed summary of any relevant report or information contained in confidential reports in their possession about the adoptee, the adoptee’s former parents, and the adoptee’s genetic history, including the information required by section 2-105 of this title. This report shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.
(c) Upon request of a person listed in subdivision (a)(2) of this section, the court, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall release a summary of any relevant report or information in their possession about the adoptee’s history after the former parents’ rights were terminated. The summary shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.
(d) The court or agency may charge a reasonable fee for the compilation of nonidentifying information, based on the actual costs incurred.
(e) An individual who is denied access to nonidentifying information to which the individual is entitled under this article may petition the court for relief.
(f) If a court or the registry receives a certified statement from a physician explaining in detail how a health condition may seriously affect the health or reproductive decision of an adoptee or a direct descendant of an adoptee, the registry shall make a diligent effort to notify the adoptive parents of a minor adoptee, an adoptee who has attained 18 years of age, or an adoptive parent of a deceased adoptee that the nonidentifying information is available and may be requested from the registry.
(g) If a court or the registry receives a certified statement from a physician explaining in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the adoptee’s genetic parent or sibling to enable them to make informed reproductive and other health related decisions, the registry shall make a diligent effort to notify those individuals that the nonidentifying information is available and may be requested from the registry.
(h) The registry shall prescribe a reasonable procedure for verifying the identity of an individual who requests or furnishes information under this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)