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      CHC 1186     

  

Art. 1186. Confidential adoption records; disclosure

            A. All adoption records shall be retained in confidential files, and it shall be unlawful for anyone except the biological or adopting parent to disclose any identifying information concerning any individual adoption case, except as follows:

            (1) Upon order of the court, after giving proper notice as required in Article 1190 or as otherwise authorized by this Code.

            (2) Disclosure pursuant to R.S. 40:73, 77, or 79.

            (3) For purposes directly connected with an adoption agency's responsibilities in relation to adoption work as permitted by its rules and regulations.

            B. If the agency, firm, or lawyer ceases to do business in this state, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, the transferee shall ensure the preservation and confidentiality of records required by Paragraph A of this Article and assumes responsibility for providing nonidentifying information as required by Articles 1127 and 1127.1.

            C. Any person who violates this requirement of confidentiality shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

            Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.



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