40-8-126. Confidentiality and disclosure of record and proceedings -- appointment and duties of confidential intermediary. (1) Unless the court orders otherwise, all hearings held in proceedings under this part are confidential and must be held in closed court without admittance of any person other than interested parties and their counsel.
     (2) All papers and records pertaining to the adoption must be kept as a permanent record of the court and withheld from inspection. A person may not have access to the records, except:
     (a) for good cause shown, on order of the judge of the court in which the decree of adoption was entered;
     (b) as provided in subsection (7); or
     (c) as provided in 50-15-121 and 50-15-122.
     (3) All files and records pertaining to adoption proceedings retained by the department or any authorized agency are confidential and must be withheld from inspection, except as provided in 50-15-121 and 50-15-122 and except that the department or authorized agency may disclose:
     (a) nonidentifying information to an adoptee, an adoptive or biological parent, or an extended family member of an adoptee or biological parent; and
     (b) identifying information to a court-appointed confidential intermediary upon order of the court or as provided in 50-15-121 and 50-15-122.
     (4) When an adoptee reaches 18 years of age, the adoptee, an adoptive or biological parent, or an extended family member of the adoptee or biological parent may petition the court for disclosure of the identity of the adoptee, biological son, biological daughter, or biological parent. A petition for disclosure must contain the following information:
     (a) the name, address, and identification of the petitioner;
     (b) the date of the adoptee's birth;
     (c) the county and state where the adoption occurred;
     (d) the date of the adoption; and
     (e) any information known to the petitioner concerning the biological parents, the adoptive parents, and the adoptee that could assist in locating the person being sought.
     (5) After a petition for disclosure has been filed under subsection (4), the court shall appoint a confidential intermediary who shall:
     (a) conduct a confidential search for the person sought, as requested in the petition for disclosure;
     (b) refrain from disclosing directly or indirectly any identifying information to the petitioner, unless ordered to do so by the court; and
     (c) make a written report of the results of the search to the court not later than 6 months after appointment.
     (6) Upon appointment, a confidential intermediary is entitled to be paid a reasonable fee plus actual expenses incurred in conducting the search. The fee and expenses must be paid by the petitioner.
     (7) A confidential intermediary may inspect otherwise confidential records of the court, the department, or an authorized agency for use in the search. The confidential intermediary may not disclose the contents of the records or any results of a search unless authorized by the court.
     (8) If a confidential intermediary is unable to locate the person being sought within 6 months of appointment, the confidential intermediary shall recommend to the court whether a further search is warranted and state the reasons for the recommendation. If the court finds that a further search is warranted, the court may order that the search be continued for a specified time.
     (9) If a confidential intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having that person's present identity disclosed to the petitioner. The court may request that the confidential intermediary assist in arranging contact between the petitioner and the located person.
     (10) If a confidential intermediary locates the person being sought and the located person does not consent to having that person's identity disclosed, identifying information regarding that person may be disclosed only upon order of the court for good cause shown.
     (11) If the person being sought is found to be deceased, the court may order disclosure of the identity of the deceased to the petitioner.
     (12) An individual who knowingly discloses identifying information in violation of this section is punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both fine and imprisonment.

     History: En. Sec. 13, Ch. 240, L. 1957; amd. Sec. 18, Ch. 121, L. 1974; R.C.M. 1947, 61-213; amd. Sec. 3, Ch. 228, L. 1981; amd. Sec. 35, Ch. 609, L. 1987; amd. Sec. 2, Ch. 275, L. 1995; (12)En. Sec. 3, Ch. 275, L. 1995; amd. Sec. 22, Ch. 515, L. 1995; amd. Sec. 157, Ch. 546, L. 1995.