CHAPTER 387

FORMERLY

SENATE BILL NO. 389

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 9 AND 11 OF TITLE 13, DELAWARE CODE, RELATING TO ACCESS TO INFORMATION IN ADOPTION RECORDS OF AN ADOPTED INDIVIDUAL WHEN MEDICAL TREATMENT IS NEEDED FOR THE HEALTH OF THE ADOPTED INDIVIDUAL OR ANY BLOOD RELATIVE OF THE ADOPTED INDIVIDUAL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §924, Chapter 9, Title 13, Delaware Code, by striking the period "." immediately following the word "Court" and inserting the following:

", except in cases where the adopted individual's health or the health of any blood relative of the adopted individual is concerned and the adoption agency has refused to release the health information to the individual, the court may through petition by the adopted individual, permit the party to inspect only that part of the adoption agency or court record containing medical information for health reasons. The Court shall order open to inspection by the individual the part of the record containing the needed medical information if the Court finds that any medical Information in the Court or adoption agency record of the individual's adoption is needed for the health of the individual or of any blood relative of the individual. The provisions of this section shall apply to information as to the identification and location of any natural sibling of the individual if the individual's health or the health of any blood relative of the individual depends on the sibling's participation in any medical treatment."

Section 2. Amend §1111, Chapter 11, Title 13, Delaware Code, by striking the period "." Immediately following the word "Court" in the first paragraph and inserting the following:

", except in cases where the adopted individual's health or the health of any blood relative of the adopted individual is concerned and the adoption agency has refused to release the health information to the individual, the court may through petition by the adopted individual, permit the party to inspect only that part of the adoption agency or court record containing medical information for health reasons. The Court shall order open to inspection by the individual the part of the record containing the needed medical information if the Court finds that any medical Information in the Court or adoption agency record of the individual's adoption is needed for the health of the individual or of any blood relative of the individual. The provisions of this section shall apply to Information as to the identification and location of any natural sibling of the individual if the individual's health or the health of any blood relative of the individual depends on the sibling's participation in any medical treatment.

Approved July 17, 1984