Waivers of Confidentiality
Notes
All citations on this page were taken from 2001 Florida Statutes, found at the "Official Internet Site of the Florida Legislature", Online Sunshine; http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0063/ch0063.htm Who may send waivers -- "A person may not disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee unless: (a) The birth parent authorizes in writing the release of his or her name; (b) The adoptee, if 18 or more years of age, authorizes in writing the release of his or her name; or, if the adoptee is less than 18 years of age, written consent to disclose the adoptee's name is obtained from an adoptive parent; (c) The adoptive parent authorizes in writing the release of his or her name; or (d) Upon order of the court for good cause shown...." Fla. Stat. ch. 63, section 162 (4) (2001) Minor Adoptee -- "Consent to the release of this information may be made in the case of a minor adoptee by his or her adoptive parents or by the court after a showing of good cause." Fla. Stat. ch. 63, section 165 (1) (2001) Waivers must be made in writing -- "Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself." Fla. Stat. ch. 63, section 162 (6) (2001)
To whom information may be released -- "A person who enters information in the registry shall be required to indicate clearly the persons to whom he or she is consenting to release this information, which persons shall be limited to the adoptee and the birth mother, father whose consent was required under s. 63.062, adoptive mother, adoptive father, birth siblings, and maternal and paternal birth grandparents of the adoptee." Fla. Stat. ch. 63, section 165 (1) (2001)
Proof of Identification -- "Anyone seeking to enter, change, or use information in the registry, or any agent of such person, shall present verification of his or her identity and, if applicable, his or her authority." Fla. Stat. ch. 63, section 165 (1) (2001)
Names of the Adoptive Parents -- "The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor." Fla. Stat. ch. 63, section 162 (3) (2001)
Withdrawal
/ Change of Waiver -- "At any time, any person may withdraw,
limit, or otherwise restrict consent to release information by notifying the
department in writing.
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-- Please contact Lynne J. with any additions or corrections. -- Designed
by Lynne J. |