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I am confused. My mother is looking for non-id and my impression from the CI and a representative from the Maryland Registry is indicating that under the law, she is not eligible...they are saying that it only applies to adoptions after 2000 and that the adoptee is 21 years old, but that is under 5-359 and 5-3A-42 regarding the original birth certificate, not the non-identifying information... according to the laws I read, which at least went into effect in 1/06, my mother has the right, and she can petition the court for this information...hopefully someone can shed some light on this...this can be found under md general assembly, statutes, family code law, Title 5, etc...anyone with good interpretation of this?
From how the bolded part below reads your mother should not even have to petition the courts - simply file a written request for non-id to the local department.
Has she done that?
Access to Nonidentifying Information
Citation: Fam. Law ǧ 5-329; 5-356; 5-357; 5-358
A local department shall make reasonable efforts to compile and make available to a prospective adoptive parent a comprehensive medical and mental health history of the prospective adoptive child. On request of an adoptive parent, a local department shall make reasonable efforts to compile a pertinent medical and mental health history of each of the adoptive child's birth parents, if available to the local department, and to make that history available to the adoptive parent. A medical or mental health history may not contain identifying information about a parent or former parent.
On request of an adoptee, adoptive parent, or birth parent, a local department shall provide information in its adoption record on the adoptee. The records that are accessed may not contain any identifying information.
If, after a hearing on a petition of an adoptee or birth parent, a court is satisfied that the adoptee, a blood relative of the adoptee, or a birth parent urgently needs medical information not in department and court records, the court may appoint an intermediary to try to contact the adoptee or a birth parent for the information.
Maryland Department of Human Resources
Social Services Administration
311 West Saratoga Street
Baltimore, MD 21201-3521
(410) 767-7372 or (410) 767-7423
[URL="http://laws.adoption.com/uni/frame.php?url=http://www.dhr.state.md.us/voladopr.htm"]http://www.dhr.state.md.us/voladopr.htm[/URL]
Kind regards,
Dickons
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yes, she sent in for the non-id to the Episcopal Community Services in the fall of 2009, which was the adoption agency...then, the records were sent to the Episcopal Dioceses Archives in 12/09 (the church didn't have the funding to provide services anymore)...she is in the process of applying for the CI...she is calling this representative through DHR - "the department", tomorrow...I just wanted some reassurance that how I interpreted the statutes is being seen the same as others...