New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.41 - POST-DECREE ACCESS TO RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				See Sections 32A-5-40 and 32A-5-41 NMSA 1978.
B. Confidentiality of post-decree records:
				After the decree of adoption has been entered, all court files containing
				records filed with the court or the department in the adoption proceeding shall
				remain confidential and withheld from public inspection except as provided in
				the Act and regulations.
C.
				Procedure for access to post-decree records by an adult adoptee, biological
				parent of an adult adoptee, sibling of an adoptee, or adoptive parent of a
				minor adoptee:
(1) Existence of record
				inquiry to the department: The party seeking access to the records shall first
				inquire of the department in writing whether a record of an adoptee's adoption
				is on file with the department. The adoption inquiry form is available through
				the local department office. The inquiry shall be forwarded to the department's
				central adoptions unit at the address specified in Section 11.2 [now Subsection
				B of 8.26.3.11 NMAC].
(2)
				Non-identifying information:
(a)
				Non-identifying information may be obtained without a court order by submitting
				to the department's central adoptions unit a written request, with the
				requesting person's signature notarized. See Section 11.2 [now Subsection B of
				8.26.3.11 NMAC].
(b)
				Non-identifying information is limited to the following:
(i) the health and medical histories of the
				adoptee's biological parents;
(ii)
				the health and medical history of the adoptee;
(iii) the adoptee's general family
				background, including ancestral information, without name references or
				geographical designations;
(iv) if
				the adoptee is an Indian child, tribal information;
(v) physical descriptions of the adoptee and
				the adoptee's biological parents; and
(vi) the length of time the adoptee was in
				the care and custody of any person other than the adoptive parents.
(3) Identifying
				information: Identifying information may be obtained without a court order if
				the person about whom the information is sought has signed and filed with the
				department or the court a release of identifying information.
(a) Request for identifying information: A
				request for identifying information shall be made in writing to the
				department's central adoptions unit and the requesting person's signature shall
				be notarized.
(b) Affidavit
				permitting release of identifying information: If the party about whom the
				identifying information is being requested has filed a statement agreeing to
				the release of identifying information, the department shall release
				identifying information.
(c)
				Affidavit refusing release of identifying information: If the party about whom
				the identifying information is being requested has filed a statement indicating
				that no identifying information shall be released, the department shall not
				release any identifying information. Additionally, the department shall notify
				the requesting party that the party about whom the identifying information is
				sought has filed an affidavit requesting that no identifying information be
				released.
(d) No affidavit on file:
				If the party about whom the identifying information is requested has not filed
				any statement regarding release of identifying information, the department
				shall not release any identifying information. Additionally, the department
				shall notify the requesting party that the party about whom the identifying
				information is sought has not filed any statement regarding release of
				identifying information.
(4) Application to the court for release of
				identifying information:
(a) Petition for
				appointment of confidential intermediary: If there is nothing in the department
				files stating whether the party about whom the identifying information is being
				requested is willing or unwilling to release his/her identity, the requesting
				person may petition the court pursuant to Section 32A-5-41 NMSA 1978 for
				appointment of a confidential intermediary.
(b) Confidential intermediary duties: Upon
				appointment, the confidential intermediary shall:
(i) Review court files: Check the court files
				for an affidavit regarding release of identifying information.
(ii) Search and contact: If such an affidavit
				does not exist, the confidential intermediary shall make a reasonable search
				for and discreetly contact the person about whom the identifying information is
				being requested to ascertain whether such person is willing to have identifying
				information released to the petitioner or is willing to meet or communicate
				with the petitioner. The confidential intermediary shall only describe the
				petitioner in general, non-identifying terms. If the party about whom the
				identifying information is sought agrees to the release of identifying
				information or to meet or communicate with the petitioner, the confidential
				intermediary shall proceed as provided in Section 32A-5-41(E) NMSA 1978. If the
				party about whom the identifying information is sought refuses to release
				identifying information, the confidential intermediary shall inform the
				petitioner and the petitioner may withdraw the petition or request the court to
				release identifying information for good cause.
(c) A confidential intermediary cannot gain
				client identifying information from other sources, such as the Internet,
				without prior court approval as provided in Section 32A-5-41 NMSA
				1978.
(d) Release of identifying
				information for good cause: If there is a statement on file with the department
				or the court refusing to release identifying information, or the party refuses
				the release of identifying information when contacted by the confidential
				intermediary, the petitioner may petition the court for release of identifying
				information for good cause.