19-8-23 Where records of adoption kept:  examination by parties and attorneys;
    use of information by agency and department
 
  (a) The original petition, all amendments and exhibits thereto, all
  motions, documents, affidavits, records, and testimony filed in
  connection therewith, and all decrees or orders of any kind
  whatsoever, except the original investigation report and background
  information referred to in Code Section 19-8-20, shall be recorded
  in a book kept for that purpose and properly indexed; and the book
  shall be part of the records of the court in each county which has
  jurisdiction over matters of adoption in that county. All of the
  records, including the docket book, of the court granting the
  adoption, of the department, and of the child-placing agency that
  relate in any manner to the adoption shall be kept sealed and
  locked. The records may be examined by the parties at interest in
  the adoption and their attorneys when, after written petition has
  been presented to the court having jurisdiction and after the
  department and the appropriate child-placing agency have received at
  least 30 days' prior written notice of the filing of such petition,
  the matter has come on before the court in chambers and, good cause
  having been shown to the court, the court has entered an order
  permitting such examination. Notwithstanding the foregoing, if the
  adoptee who is the subject of the records sought to be examined is
  less than 18 years of age at the time the petition is filed and the
  petitioner is someone other than one of the adoptive parents of the
  adoptee, then the department shall provide written notice of such
  proceedings to the adoptive parents by certified mail, return
  receipt requested, at the last address the department has for such
  adoptive parents and the court shall continue any hearing on the
  petition until not less than 60 days after the date the notice was
  sent. Each such adoptive parent shall have the right to appear in
  person or through counsel and show cause why such records should not
  be examined.  Adoptive parents may provide the department with their
  current address for purposes of receiving notice under this
  subsection by mailing that address to:
 
                            Adoption Unit
                    Department of Human Resources
                           Atlanta, Georgia
 
  (b) The department or the child-placing agency may, in its sole
  discretion, make use of any information contained in the records of
  the respective department or agency relating to the adoptive parents
  in connection with a subsequent adoption matter involving the same
  adoptive parents or to provide notice when required by subsection
  (a) of this Code section.
 
  (c) The department or the child-placing agency may, in its sole
  discretion, make use of any information contained in its records on
  a child when an adoption disrupts after finalization and when such
  records are required for the permanent placement of such child, or
  when the information is required by federal law.
 
  (d) Upon the request of a party at interest in the adoption or of a
  provider of medical services to such a party when certain
  information is necessary because of a medical emergency or for
  medical diagnosis or treatment, the department or child-placing
  agency may, in its sole discretion, petition the Superior Court of
  Fulton County to obtain access to its own records on finalized
  adoptions for the purpose of adding subsequently obtained medical
  information or to release nonidentifying medical information
  contained in its records on such adopted persons.
 
  (e) Records relating in any manner to adoption shall not be open to
  the general public for inspection.
 
    (f)(1) Notwithstanding Code Section 19-8-1, for purposes of this
    subsection, the term:
 
      (A) "Commissioner" means the commissioner of the Department of
      Human Resources or that person's designee.
 
      (B) "Department" means the Department of Human Resources or,
      when the Department of Human Resources so designates, the county
      department of family and children services which placed for
      adoption the person seeking, or on whose behalf is sought,
      information under this subsection.
 
      (C) "Placement agency" means the child-placing agency, as
      defined in paragraph (3) of Code Section 19-8-1, which placed
      for adoption the person seeking or on whose behalf is sought
      information under this subsection.
 
      (D) "Biological parent" means the biological mother or
      biological father who surrendered that person's rights or had
      such rights terminated by court order giving rise to the
      adoption of the child.
 
    (2) The department or a placement agency, upon the written request
    of an adopted person who has reached 21 years of age or upon the
    written request of an adoptive parent on behalf of that parent's
    adopted child under 21 years of age, shall release to such adopted
    person or to the adoptive parent on the child's behalf
    nonidentifying information regarding such adopted person's
    biological parents and information regarding such adopted person's
    birth.  Such information may include the date and place of birth
    of the adopted person and the genetic, social, and health history
    of the biological parents.  No information released pursuant to
    this subsection shall include the name or address of either
    biological parent or the name or address of any relative by birth
    or marriage of the biological parent.
 
    (3) The department or a placement agency upon written request of
    an adopted person who has reached 21 years of age shall release to
    such adopted person the name of such person's biological parent
    if:
 
      (A) The biological parent whose name is to be released has
      submitted unrevoked written permission to the department or the
      placement agency for the release of that parent's name to the
      adopted person;
 
      (B) The identity of the biological parent submitting permission
      for the release of that parent's name has been verified by the
      department or the placement agency; and
 
      (C) The department or the placement agency has records
      pertaining to the finalized adoption and to the identity of the
      biological parent whose name is to be released.
 
      (4)(A) If a biological parent has not filed written unrevoked
      permission for the release of that parent's name to the adopted
      child, the department or the placement agency, within six months
      of receipt of the written request of the adopted person who has
      reached 21 years of age, shall make diligent effort to notify
      each biological parent identified in the original adoption
      proceedings or in other records of the department or the
      placement agency relative to the adopted person.  For purposes
      of this subparagraph, "notify" means a personal and confidential
      contact with each biological parent named on the original birth
      certificate of the adopted person.  The contact shall not be by
      mail and shall be by an employee or agent of the placement
      agency which processed the pertinent adoption or by other agents
      or employees of the department.  The contact shall be evidenced
      by the person who notified each parent certifying to the
      department that each parent was given the following information:
 
        (i) The nature of the information requested by the adopted
        person;
 
        (ii) The date of the request of the adopted person;
 
        (iii) The right of each biological parent to file within 60
        days of receipt of the notice an affidavit with the placement
        agency or the department stating that such parent's identity
        should not be disclosed;
 
        (iv) The right of each biological parent to file a consent to
        disclosure with the placement agency or the department at any
        time; and
 
        (v) The effect of a failure of each biological parent to file
        either a consent to disclosure or an affidavit stating that
        the information in the original birth certificate or sealed
        adoption file should not be disclosed.
 
      (B) If a biological parent files an unrevoked consent to the
      disclosure of that parent's identity, such parent's name shall
      be released to the adopted child who has requested such
      information as authorized by this paragraph.
 
      (C) If, subsequent to being notified by the department or
      placement agency, a biological parent has not filed an unrevoked
      consent to the disclosure of that parent's identity at any time
      within six months after the written request for such information
      is received by the department or placement agency or such parent
      has filed with the department or placement agency within 60 days
      after notice to such person of the request for such information
      an affidavit objecting to such release, whichever occurs later,
      that information regarding that biological parent will not be
      released.
 
        (D)(i) If the director of a placement agency or the
        commissioner certifies that the placement agency or department
        has been unable to notify a parent identified in the original
        adoption record within six months after receipt of the adopted
        person's written request and if neither identified biological
        parent has at any time filed an unrevoked consent to
        disclosure with the placement agency or the department, the
        identity of a biological parent may only be disclosed as
        provided in division (ii) or (iii) of this subparagraph.
        (ii) The adopted person who has reached 21 years of age may
        petition the Superior Court of Fulton County to seek the
        release of the identity of each of that person's biological
        parent from the department or placement agency.  The court
        shall grant the petition if the court finds that the
        department or placement agency has made diligent efforts to
        locate each biological parent pursuant to this subparagraph
        without success and that failure to release the identity of
        each biological parent would have an adverse impact upon the
        physical, mental, or emotional health of the adopted person.
 
        (iii) If it is verified that the biological parent of the
        adopted person is deceased and if there is no sibling of the
        adopted person who may be contacted, the department or
        placement agency shall be authorized to disclose the name and
        place of burial of the deceased biological parent, if known,
        to the adopted person seeking such information without the
        necessity of obtaining a court order.
 
      (5)(A) Upon written request of an adopted person who has reached
      21 years of age or a person who has reached 21 years of age and
      who is the sibling of an adopted person, the department or a
      placement agency shall attempt to identify and notify the
      siblings of the requesting party, if such siblings are at least
      18 years of age.  Upon locating the requesting party's sibling,
      the department or the placement agency shall notify the sibling
      of the inquiry. Upon the written consent of the sibling so
      notified, the department or the placement agency shall forward
      the requesting party's name and address to the sibling and, upon
      further written consent of the sibling, shall divulge to the
      requesting party the present name and address of the sibling.
      If the sibling is deceased or cannot be identified or located,
      the department or the placement agency shall notify the
      requesting party of such circumstances but shall not disclose
      any names or other information which would tend to identify the
      sibling.
 
      (B) The adopted person who has reached 21 years of age or a
      person who has reached 21 years of age and who is the sibling of
      an adopted person may petition the Superior Court of Fulton
      County to seek the release of the last known name and address of
      each of the siblings of the petitioning sibling, that are at
      least 18 years of age, from the department or placement agency.
      The court shall grant the petition if the court finds that the
      department or placement agency has made diligent efforts to
      locate such siblings pursuant to subparagraph (A) of this
      paragraph without success and that failure to release the
      identity and last known address of said siblings would have an
      adverse impact upon the physical, mental, or emotional health of
      the petitioning sibling.
 
    (6) The Division of Family and Children Services Adoption Unit
    within the department shall maintain a registry for the recording
    of requests by adopted persons for the name of any biological
    parent, for the recording of the written consent or the written
    objections of any biological parent to the release of that
    parent's identity to an adopted person upon the adopted person's
    request, and for nonidentifying information regarding any
    biological parent which may be released pursuant to paragraph (2)
    of this subsection. The department and any placement agency which
    receives such requests, consents, or objections shall file a copy
    thereof with that unit.
 
    (7) The department or placement agency may charge a reasonable fee
    to be determined by the department for the cost of conducting any
    search pursuant to this subsection.
 
    (8) Nothing in this subsection shall be construed to require the
    department or placement agency to disclose to any party at
    interest, including but not limited to an adopted person who has
    reached 21 years of age, any information which is not kept by the
    department or the placement agency in its normal course of
    operations relating to adoption.
 
    (9) Any department employee or employee of any placement agency
    who releases information or makes authorized contacts in good
    faith and in compliance with this subsection shall be immune from
    civil or criminal liability for such release of information or
    authorized contacts.
 
    (10) Information authorized to be released pursuant to this
    subsection may be released under the conditions specified in this
    subsection notwithstanding any other provisions of law to the
    contrary.
 
    (11) A placement agency which demonstrates to the department by
    clear and convincing evidence that the requirement that such
    agency search for or notify any biological parent or sibling under
    subparagraph (A) of paragraph (4) of this subsection or
    subparagraph (A) of paragraph (5) of this subsection will impose
    an undue hardship upon that agency shall be relieved from that
    responsibility, and the department shall assume that
    responsibility upon such finding by the department of undue
    hardship.  The department's determination under this subsection
    shall be a contested case within the meaning of Chapter 13 of
    Title 50, the "Georgia Administrative Procedure Act."
 
    (12) Whenever this subsection authorizes both the department and a
    placement agency to perform any function or requires the placement
    agency to perform any function which the department is also
    required to perform, the department or agency may designate an
    agent to perform that function and in so performing it the agent
    shall have the same authority, powers, duties, and immunities as
    an employee of the department or placement agency has with respect
    to performing that function.