8-129. Health and genetic history; compilation; availability; costs

A. Before placing a child for adoption, the division or the agency or the person placing the child, if the child is not placed by the division, shall compile and provide to the prospective adoptive parents detailed written nonidentifying information including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family set forth in a document that is separate from any document containing identifying information. This subsection does not apply if the birth parents are deceased, their whereabouts are unknown or the information is not otherwise reasonably available.

B. Records containing the information prescribed in subsection A:

1. Shall be retained by the division, agency or person for ninety-nine years, and if an agency or person ceases to function, the agency or person shall transfer these records to the division, except that an agency ceasing operations may transfer these records to another agency within this state, provided the agency transferring the records gives notice of the transfer to the division.

2. May be supplemented with information supplied by any member of the birth family, any member of the adoptive family or an adult adoptee or the family of an adult adoptee. Supplemental information supplied to the division or the agency or the person who placed the child shall be filed with all other information concerning the adoption.

3. Shall be available on request throughout the ninety-nine year period, together with any other information described in subsection A which is added, to the following persons only:

(a) The adoptive parents of the child or, if the adoptive parents have died, the child's guardian.

(b) The adoptee if he is eighteen or more years of age.

(c) If the adoptee has died, the adoptee's spouse if he is the legal parent of the adoptee's child or the guardian of any child of the adoptee.

(d) If the adoptee has died, any progeny of the adoptee who is eighteen or more years of age.

(e) The birth parent of the adoptee or other biological children of the birth parent.

C. The actual and reasonable cost of providing information pursuant to this section shall be paid by the person requesting the information.