A BILL TO BE ENTITLED
AN ACT allowing adult biological siblings of adult adoptees, adult biological half siblings of adult adoptees, ADULT family members of deceased adoptees, ADULT family members of biological parents, and adult adoptive parents of an adult adoptee who is incompetent to have access to confidential intermediary services.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 48‑1‑101 reads as rewritten:
"§ 48‑1‑101.  Definitions.
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(5a)	"Confidential intermediary" means a licensed adoption agency staff person who may act as a third party to facilitate the sharing of information authorized by G.S. 48‑9‑104.
…
	
…."
SECTION 2.  G.S. 48‑9‑101 reads as rewritten:
"§ 48‑9‑101.  Records defined.
	For purposes of this Article, "records" means any petition, affidavit, consent or relinquishment, transcript or notes of testimony, deposition, power of attorney, report, decree, order, judgment, correspondence, document, invoice, receipt, certificate, or other printed, written, microfilmed or microfiched, video‑taped or tape‑recorded material or electronic data processing records regardless of physical form or characteristics pertaining to a proceeding for adoption under this Chapter.
	"
SECTION 3.  G.S. 48‑9‑104 reads as rewritten:
"§ 48‑9‑104.  Release of identifying information; confidential intermediary services.
(a)	Except as provided in this section or in G.S. 48‑9‑109(2) or (3), no person or entity shall release from any records retained and sealed under this Article the name, address, or other information that reasonably could be expected to lead directly to the identity of an adoptee, an adoptive parent of an adoptee, an adoptee's parent at birth, or an individual who, but for the adoption, would be the adoptee's sibling or grandparent, except upon order of the court for cause pursuant to G.S. 48‑9‑105.
(b)	A child placing agency licensed by the Department or a county department of social services may agree to act as a confidential intermediary for any of the following:
(1)	An adult adoptee.
(2)	An adult biological parent.
(3)	An adult biological sibling of an adult adoptee.
(4)	An adult biological half sibling of an adult adoptee.
(5)	An adult family member of a biological parent.
(6)	An adult family member of a deceased adoptee.
(7)	An adult adoptive parent or legal guardian, if the adult adoptee is incompetent.
(c)	For any individual listed in subsection (b) of this section, a confidential intermediary, without appointment by the court pursuant to G.S. 48‑9‑105, may obtain and share nonidentifying birth family health information.
(d)	For any individual listed in subdivision (1) or (7) of subsection (b) of this section, a confidential intermediary, without appointment by the court pursuant to G.S. 48‑9‑105, may obtain and share identifying information with an adult biological parent with the written consent of the parties to the contact or the sharing of information and may facilitate contact between the parties. If the biological parent is deceased, the confidential intermediary may obtain and share identifying information with any other individuals listed in subsection (b) of this section with the written consent of the parties to the contact or the sharing of information and may facilitate contact between those parties.
(e)	For any individual listed in subdivision (2), (3), (4), (5), or (6) of subsection (b) of this section, a confidential intermediary, without appointment by the court pursuant to G.S. 48‑9‑105, may obtain and share identifying information with an adult adoptee with the written consent of the parties to the contact or the sharing of information and may facilitate contact between the parties. If the adult adoptee is deceased, the confidential intermediary may obtain and share identifying information with any other individuals listed in subsection (b) of this section with the written consent of the parties to the contact or the sharing of information and may facilitate contact between those parties.
(f)	A confidential intermediary shall contact individuals in a manner reasonably calculated to prevent incidental disclosure of confidential information. A confidential intermediary may charge a reasonable fee for  providing confidential intermediary services, which fee must be pursuant to written agreement signed by the individual to be charged. The Division shall establish guidelines for confidential intermediary services.
(g)	If in the provision of confidential intermediary services, a confidential intermediary determines that the individual who is the subject of the search is deceased, the confidential intermediary may continue to search for other family members or siblings of that individual.
(h)	For purposes of this section only, the term 'family member' means a spouse, child, stepchild, parent, stepparent, grandparent, or grandchild."
SECTION 3.  This act becomes effective October 1, 2008.