New Hampshire Revised Statutes 170-B:24 – Requests for Identifying and Non-Identifying Information
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I. Requests for non-identifying social or medical information shall be handled in the following manner:
(a) Requests for non-identifying social or medical information may be made by an adoptee over the age of 18; a parent of an adoptee under the age of 18; or a birth parent of an adoptee.
(b) When any of the above listed people submits a request for non-identifying social or medical information, the department or agency shall disclose such information relating to the adoptee, the birth parents, or the blood relatives. The department or the agency shall delete any information from the health history or background which would tend to be identifying. Court approval is not required for information disclosed under this paragraph.
II. If the parties mutually agree to the release of identifying information, it shall be released as provided in this paragraph.
(a) Only the following people may sign a written release authorizing the department or licensed child-placing agency to disclose identifying information about an adoptee, a birth parent, or a blood relative:
(1) An adoptee over the age of 18 may sign a release to authorize disclosure of identifying information as provided in this section.
(2) The adoptive parents of an adoptee under the age of 18 may also sign a release to authorize disclosure of identifying information as provided in this section. However, said release shall become void when the adoptee reaches the age of 18.
(3) A birth parent of an adoptee may sign a release authorizing disclosure of identifying information as provided in this section at the time of surrender or later. A separate release shall be signed by each birth parent.
(b) Any release made pursuant to this section may be revoked or amended at any time.
(c) The person signing the release of information or its revocation shall file a copy of such release or revocation with the department or licensed child-placing agency conducting the assessment under N.H. Rev. Stat. § 170-B:18, if any. The department or licensed child-placing agency shall then file a copy of the release with the court in which the adoption petition was filed.
(d) The release of information shall contain the social security number of the person signing the release. The social security number shall be used only for purposes of locating that person and shall not be otherwise disclosed.
(e) When the department or agency involved in the adoption receives a request for identifying information where a release has been signed and not previously revoked, the department or agency shall attempt to contact the person who signed the release to reaffirm that person’s desire to be contacted. If the person reaffirms his or her desire to be contacted or the department or agency cannot locate the person who signed the release or if the person is deceased, the department or agency shall disclose identifying information to the person who requested it. Court approval is not required for information disclosed under this paragraph.
(f) When the department or agency involved in the adoption receives a request for identifying information where no release has been signed or the previously signed release has been revoked, the department or agency may, after review of its records, attempt to contact the person whose identity is sought, to ascertain if they desire to release identifying information. If the person whose identity is sought, and the person seeking identifying information agree to the release of identifying information, the department or agency shall release it. Court approval is not required for information released under this subparagraph.
III. Court approval shall be required prior to the release of identifying information in the following cases:
(a) If the parties do not agree, or if they cannot be contacted, or if the department or agency questions the safety of releasing information pursuant to paragraph II, the requesting party or the department or agency may petition the court having jurisdiction for the release of identifying information. The department or agency shall file a report of the department or agency’s action with the court. The court shall on its own motion or on request of any party hold a hearing on the issue of releasing identifying information. The department or agency involved shall receive notice of the hearing and be entitled to participate in any hearing under this section.
(b) For all other requests for identifying information under this section, court approval shall be required. The court shall request a review of the record and the facts of the request from the department or agency involved in the adoption. The court may hold a hearing on the issue of releasing identifying information. The department or agency involved shall receive notice of such hearings and be entitled to participate in any hearing under this section.
IV. Any person violating this section or N.H. Rev. Stat. § 170-B:23 shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.
(a) Requests for non-identifying social or medical information may be made by an adoptee over the age of 18; a parent of an adoptee under the age of 18; or a birth parent of an adoptee.
Terms Used In New Hampshire Revised Statutes 170-B:24
- Agency: means any person licensed by existing law to place minors for adoption. See New Hampshire Revised Statutes 170-B:2
- Court: means probate court. See New Hampshire Revised Statutes 170-B:2
- Department: means the department of health and human services. See New Hampshire Revised Statutes 170-B:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parent: means mother, birth father, legal father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntarily surrender. See New Hampshire Revised Statutes 170-B:2
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See New Hampshire Revised Statutes 170-B:2
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Surrender: means the release of all parental rights, including but not limited to care, custody, and control of the child, by a parent, legal guardian, or agency. See New Hampshire Revised Statutes 170-B:2
(b) When any of the above listed people submits a request for non-identifying social or medical information, the department or agency shall disclose such information relating to the adoptee, the birth parents, or the blood relatives. The department or the agency shall delete any information from the health history or background which would tend to be identifying. Court approval is not required for information disclosed under this paragraph.
II. If the parties mutually agree to the release of identifying information, it shall be released as provided in this paragraph.
(a) Only the following people may sign a written release authorizing the department or licensed child-placing agency to disclose identifying information about an adoptee, a birth parent, or a blood relative:
(1) An adoptee over the age of 18 may sign a release to authorize disclosure of identifying information as provided in this section.
(2) The adoptive parents of an adoptee under the age of 18 may also sign a release to authorize disclosure of identifying information as provided in this section. However, said release shall become void when the adoptee reaches the age of 18.
(3) A birth parent of an adoptee may sign a release authorizing disclosure of identifying information as provided in this section at the time of surrender or later. A separate release shall be signed by each birth parent.
(b) Any release made pursuant to this section may be revoked or amended at any time.
(c) The person signing the release of information or its revocation shall file a copy of such release or revocation with the department or licensed child-placing agency conducting the assessment under N.H. Rev. Stat. § 170-B:18, if any. The department or licensed child-placing agency shall then file a copy of the release with the court in which the adoption petition was filed.
(d) The release of information shall contain the social security number of the person signing the release. The social security number shall be used only for purposes of locating that person and shall not be otherwise disclosed.
(e) When the department or agency involved in the adoption receives a request for identifying information where a release has been signed and not previously revoked, the department or agency shall attempt to contact the person who signed the release to reaffirm that person’s desire to be contacted. If the person reaffirms his or her desire to be contacted or the department or agency cannot locate the person who signed the release or if the person is deceased, the department or agency shall disclose identifying information to the person who requested it. Court approval is not required for information disclosed under this paragraph.
(f) When the department or agency involved in the adoption receives a request for identifying information where no release has been signed or the previously signed release has been revoked, the department or agency may, after review of its records, attempt to contact the person whose identity is sought, to ascertain if they desire to release identifying information. If the person whose identity is sought, and the person seeking identifying information agree to the release of identifying information, the department or agency shall release it. Court approval is not required for information released under this subparagraph.
III. Court approval shall be required prior to the release of identifying information in the following cases:
(a) If the parties do not agree, or if they cannot be contacted, or if the department or agency questions the safety of releasing information pursuant to paragraph II, the requesting party or the department or agency may petition the court having jurisdiction for the release of identifying information. The department or agency shall file a report of the department or agency’s action with the court. The court shall on its own motion or on request of any party hold a hearing on the issue of releasing identifying information. The department or agency involved shall receive notice of the hearing and be entitled to participate in any hearing under this section.
(b) For all other requests for identifying information under this section, court approval shall be required. The court shall request a review of the record and the facts of the request from the department or agency involved in the adoption. The court may hold a hearing on the issue of releasing identifying information. The department or agency involved shall receive notice of such hearings and be entitled to participate in any hearing under this section.
IV. Any person violating this section or N.H. Rev. Stat. § 170-B:23 shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.