ARIZONA STATE SENATE
Phoenix, Arizona
adoption;
confidential intermediary
Allows a confidential intermediary to contact a person who is at least 18 years of age if the adoption was completed before April 1, 1993.
The Confidential Intermediary Program was
established by Laws 1991, Chapter 271, effective April 1, 1993, to allow court
record access by a confidential intermediary to facilitate the search process
between adopted adults or adoptive parents and birth parents. As of July 20,
1996, adult birth siblings may also utilize confidential intermediary services.
The confidential intermediary facilitates contact for those who desire it,
while protecting confidentiality of those
who desire their adoption records to remain sealed.
From July 1993 through January 2002, slightly more than half of the individuals were located and agreed to exchange identifying information, less than five percent agreed to only exchange non-identifying information and ten percent denied information exchange. The decision belongs to the party searching, and the party located. Written permission from both parties is required. The average charge per search was $227.
Under current statutes, the confidential intermediary may not contact an adoptive parent unless the adoptee is at least 18 years of age and may not contact an adoptee unless the adoptee is at least 21 years of age. There is an exception if a physician informs the court about a health condition that may seriously affect an adoptee, in which case the court appoints a confidential intermediary to offer the non-identifying medical information only. Before April 1, 1993, adoption records were sealed for 99 years with no exceptions.
The proposed legislation allows a confidential intermediary to contact persons who are at least 18 years of age if the adoption was completed before the Program became effective on April 1, 1993.
There is no discernable fiscal impact to the State.
1. Permits a confidential intermediary to contact a person who is at least 18 years of age if the adoption was completed before April 1, 1993.
2. Contains technical and conforming changes.
3. Provides for a general effective date.
Prepared by Senate Staff
February 14, 2002