An Act To Provide Adult Adoptees Access to Information
Maine Legislature, Session 123, LD 1734
Committee: Judiciary
Sponsors: BRYANT, PATRICK
Amends: 18-A MRSA §9

Legislative Document 
No. 1734 
H.P.1217 
House of Representatives, March 26, 2007 
An Act To Provide Adult Adoptees Access to Information 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative BRYANT of Windham. 
Cosponsored by Senator BRYANT of Oxford and 
Representative: PATRICK of Rumford. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §9-202, sub-§(i) is enacted to read: 
(i). Before the surrender and release is executed, the parents shall complete a family 
history form to provide the medical, genetic, cultural and social history information as set 
forth in section 9-304, subsection (b), paragraph (1). 
Sec. 2. 18-A MRSA §9-304, sub-§(b), ~(1), as enacted by PL 1995, c. 694, Pt. 
C, §7 and affected by Pt. E, §2, is amended to read: 
(1). The department, the licensed child-placing agency or any other person who acts 
to place or assist in placing the child for adoption shall obtain medical aM, genetic, 
cultural and social history information on the biological parents and the child Qy, 
among other methods, requiring the biological parents to complete the family history 
form as required in section 9-202, subsection (i). Specifically, the department, the 
licensed child-placing agency or other person who acts to place or assist in placing 
the child for adoption shall attempt to obtain: 
(i) A current medical, psychological and developmental history of the child, 
including an account of the child's prenatal care and medical condition at birth, 
results of newborn screening, any drug or medication taken by the child's 
biological mother during pregnancy, any subsequent medical, psychological or 
psychiatric examination and diagnosis, any physical, sexual or emotional abuse 
suffered by the child and a record of any immunizations and health care received 
since birth; and 
(ii) 
Relevant information concerning the medical, psychological aM, social 
history and cultural history of the biological parents, including any known 
disease or hereditary disposition to disease, the history of use of drugs and 
alcohol, the health of the biological mother during her pregnancy and the health 
of the biological parents at the time of the child's birth. 
Sec. 3. 18-A MRSA §9-304, sub-§(b), ~(5), as enacted by PL 1995, c. 694, Pt. 
C, §7 and affected by Pt. E, §2, is amended to read: 
(5). If, after a child is placed for adoption and either before or after the adoption is 
final, the child suffers a serious medical or mental illness for which the specific 
medical, psychological or social history of the biological parents or the child may be 
useful in diagnosis or treatment, the prospective adoptive or adoptive parents may 
request that the department, the licensed child-placing agency or other person who 
placed or assisted to place the child attempt to obtain additional information. The 
department, licensed child-placing agency or other person shall attempt to obtain the 
information promptly and shall disclose any information collected to the prospective 
adoptive or adoptive parents as soon as reasonably possible. The department, the 
licensed child-placing agency or other person may charge a fee to the prospective 
adoptive or adoptive parents to cover the cost of obtaining and providing the 
additional information. Fees collected by the department must be dedicated to defray 
the costs of obtaining and providing the additional information. Fees may be reduced 
or waived for low-income prospective adoptive or adoptive parents. 
Page I -123LR1497(Ol)-1 
This paragraph applies to a request for infonnation by an adoptee who has reached 18 
years of age if the adoptee or a direct descendant of the adoptee suffers from a serious 
medical or mental illness for which the specific medical, psychological or social 
history of the biological parents or the adoptee may be useful in diagnosis or 
treatment. 
Sec.4. 18-A MRSA §9-310, as enacted by PL 1995, c. 694, Pt. C, §7 and affected 
by Pt. E, §2, is repealed and the following enacted in its place: 
§9-310. Records confidential 
(a). This subsection applies to adoptions decreed on or after August 8, 1953 and 
before September 1, 2007. 
(1). Notwithstanding any other provision of law, all Probate Court records relating to 
adoptions under this subsection are confidential. 
The Probate Court shall keep 
records of those adoptions segregated from all other court records. 
(2). If a Judge of Probate Court determines that examination of records pertaining to 
a particular adoption under this subsection is proper, the judge may authorize that 
examination by specified persons; authorize the register of probate to disclose to 
specified persons any infonnation contained in the records by letter, certificate or 
copy of the record; or authorize a combination of both examination and disclosure. 
Examination or disclosure of records is proper only if the birth parents listed on the 
original birth certificate have consented to the release of identifying infonnation. 
(b). This subsection applies to adoptions decreed on or after September 1, 2007. 
(1). Notwithstanding any other provision of law, the Probate Court records relating 
to adoptions under this subsection are confidential. The Probate Court shall keep 
records of those adoptions segregated from all other court records. 
(2). Infonnation contained in the records maintained by the Probate Court is subject 
to examination or disclosure by letter, certificate or copy of the record or a 
combination of both examination and disclosure as follows. 
(i) Except as provided in subparagraph (iii), upon request of the adoptive parents 
all infonnation in the Probate Court records pertaining to that adoption until the 
adoptee reaches 18 years of age is available to the adoptive parents of the 
adoptee. 
(ii) Except as provided in subparagraph (iii), upon request of the adoptee all 
infonnation in the Probate Court records pertaining to that adoptee is available to 
the adoptee on or after the date on which the adoptee reaches 18 years of age. 
(iii) If a birth parent identified on the original birth certificate submits to the 
Probate Court within 7 days of the effective date of the consent, surrender and 
release or termination of parental rights a sworn, notarized statement directing 
that the name and any personally identifying infonnation about the birth parent 
on the original birth certificate are to be kept confidential, the register of probate 
may not disclose that infonnation. The statement must include the following 
declaration by the birth parent: 
"I understand that I may provide additional 
• 
personal, family and medical information to the Probate Court at any time, except 
that I must update the medical information every 10 years, until I reach 40 years 
of age, and every 5 years thereafter. The information will be available to the 
adult adoptee, the adult adoptee's descendants, adoptive parents or legal guardian 
upon request. 
I also understand that I may change my mind about keeping 
information confidential. If I do so, I may provide to the Probate Court at any 
time a sworn, notarized writing authorizing the Probate Court to release my name 
and personally identifying information, as well as a noncertified copy of the 
original birth certificate, to the adult adoptee, the adult adoptee's descendants, 
adoptive parents or legal guardian upon request." 
(e). A birth parent at any time may submit current medical information or any other 
relevant information, including current address, to the Probate Court to be made available 
to the adoptee when the adoptee reaches 18 years of age and to the adoptee's descendants, 
adoptive parents or legal guardian. 
(d). Any medical or genetic information in the court records relating to an adoption 
must be made available on petition to the Probate Court to the adoptee when the adoptee 
reaches 18 years of age and to the adoptee's descendants, adoptive parents or legal 
guardian. 
SUMMARY 
This bill maintains the option of confidential adoption. It applies prospectively to 
allow birth parents to choose to keep the personally identifying information confidential 
by so stating at the time of the consent, surrender and release or termination of parental 
rights. 
The statement includes an acknowledgment that the birth parent knows that 
medical and family information can be added to the Probate Court records at any time, 
and such information will be available to the adoptive parents or the adoptee. The birth 
parent also acknowledges that the decision to keep the information confidential may be 
changed and therefore made available. 
This bill provides that a birth parent may, at any time, provide current medical or 
other relevant information to the Probate Court to be made available to the adoptee and 
the adoptee's adoptive parents, descendants or legal guardian. 
This bill also requires a family history form to be completed before biological parents 
may surrender and release a child. If the biological parents choose to maintain their 
records in confidentiality, then they must update the family history form every 10 years, 
until they reach 40 years of age, and every 5 years thereafter. 
Current law provides for the collection of information when an adopted child suffers 
a serious medical or mental illness. The Department of Health and Human Services, the 
licensed child-placing agency or other person who assisted in placing the child must 
attempt to obtain additional information and must provide that information to the 
adoptive parents. This bill applies that requirement when the adoptee has reached 18 
years of age and either the adoptee or the adoptee's descendant suffers a serious medical 
or mental illness for which the specific medical, psychological or social history of the 
biological parents or the adoptee may be useful in diagnosis or treatment.