§ 5-4B-06. Location of individuals sought by applicants

   (a) Intermediary may obtain information. -- The Director or the Adoption Program Manager of the Department may authorize a confidential intermediary to obtain information described in subsection (b) or (c) of this section to locate an individual sought by an applicant.

(b) Application to Secretary of Health and Mental Hygiene for documents. --

   (1) Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health and Mental Hygiene for a copy of the following:

      (i) the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual;

      (ii) the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4-211 of the Health - General Article; and

      (iii) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health - General Article.

   (2) To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health and Mental Hygiene a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

   (3) If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health and Mental Hygiene shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary.

(c) Intermediary may access information in public records. --

   (1) Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 10-611 of the State Government Article, including a court record.

   (2) To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

   (3) If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary.

HISTORY: 1998, ch. 679; 2001, ch. 213.