§ 3107.40. Biological parent or sibling may authorize release of information; withdrawal of release.

(A)  The department of health shall prescribe a form that permits any biological parent to authorize the release of identifying information, in accordance with section 3107.41 of the Revised Code, to the biological parent's offspring and a form that permits any biological sibling to authorize the release of specified information, in accordance with section 3107.41 of the Revised Code, to the biological sibling's adopted sibling. The forms shall be designed in a manner that permits the biological parent or biological sibling, whichever is applicable, to supply the information, statement, and matter required by division (B)(3) of this section. The department shall prepare written instructions that explain to biological parents and biological siblings the manner in which the applicable form is to be completed; the information, statement, and matter required by division (B)(3) of this section; and the manner in which the completed form is to be filed by a biological parent or biological sibling with the department. 
 

The department shall provide copies of the forms and the instructions to agencies located in, and to the probate courts of, this state. Upon request of any biological parent or biological sibling, the department shall provide the parent or sibling with a copy of the applicable form and the instructions. If an agency or a probate court has copies of the applicable form and the instructions available, the agency or probate court shall provide, upon request, a copy of the applicable form and the instructions to any biological parent or biological sibling. 

(B) (1)  Any biological parent or biological sibling who wishes to obtain a copy of the applicable form prescribed and the instructions prepared by the department pursuant to division (A) of this section, may obtain them from the department or from an agency located in, or a probate court of, this state, if the agency or probate court has copies of the form and instructions available. 

(2) Any biological parent who wishes to authorize the release of identifying information, in accordance with section 3107.41 of the Revised Code, to the biological parent's offspring, and any biological sibling who wishes to authorize the release of specified information, in accordance with section 3107.41 of the Revised Code, to the biological sibling's adopted sibling shall file with the department, on a copy of the applicable form prescribed by it pursuant to division (A) of this section, a release that contains the information, statement, and matter required by division (B)(3) of this section. A release may be filed with the department at any time. 

(3) A release shall contain at least the following: 

(a) For a biological parent: 

(i) The complete name of the biological parent who is filing the release, at the time of its filing with the department and at the time the adoption petition for the biological parent's offspring was filed, if the biological parent knows when the petition was filed; 

(ii) The complete name and date of birth, as set forth in the original birth record, of the offspring of the biological parent to whom the biological parent authorizes the release of identifying information in accordance with section 3107.41 of the Revised Code; 

(iii) A statement authorizing the release of identifying information, in accordance with section 3107.41 of the Revised Code, to that offspring; 

(iv) The written signature of the biological parent, the biological parent's residential mailing address, and the date upon which the release is filed with the department. 

(b) For a biological sibling: 

(i) The complete name of the biological sibling who is filing the release, at the time of its filing with the department and at the time the adoption petition for the biological sibling's adopted sibling was filed, if the biological sibling knows when the petition was filed; 

(ii) The complete name and date of birth, as set forth in the original birth record, of the adopted sibling to whom the biological sibling authorizes the release of the specified information in accordance with section 3107.41 of the Revised Code; 

(iii) A statement authorizing the release of the information specified in the release, in accordance with section 3107.41 of the Revised Code, to that adopted sibling; 

(iv) The signature of the biological sibling, the biological sibling's residential mailing address, and the date upon which the release is filed with the department. 

(4) (a) A release of a biological parent also may contain information that is not required by division (B)(3)(a) of this section and that the biological parent wishes to reveal, in accordance with section 3107.41 of the Revised Code, to the biological parent's offspring. This information shall not include information pertaining to the other biological parent of the offspring or information pertaining to a biological sibling of the offspring. 

(b) A release of a biological sibling also may contain information that is not required by division (B)(3)(b) of this section and that the biological sibling wishes to reveal, in accordance with section 3107.41 of the Revised Code, to the biological sibling's adopted sibling. This information shall not include information pertaining to either biological parent of the adopted person or information pertaining to any biological sibling of the adopted person other than the sibling filing the release. 

(C)  The department shall establish and maintain a file of releases that shall be organized in the manner described in this section and be used in accordance with section 3107.41 of the Revised Code. If any biological parent or biological sibling files with the department a release that has been completed in accordance with the applicable provisions of division (B) of this section, the department shall accept it and place it in the file of releases in accordance with this division. 
 

The department shall place each release accepted pursuant to this division in the file of releases in alphabetical order, according to the surname of the offspring or adopted sibling to whom it pertains, as set forth in the release. The department shall maintain an index to the file of releases that shall list each offspring and each adopted sibling in alphabetical order, according to the surname set forth in the release. The department also shall maintain a separate, alphabetical index to the file of releases that shall list each biological parent and each biological sibling who files a release according to the biological parent's or biological sibling's name at the time of the filing of the release or, if the release indicates that the biological parent or biological sibling had a different name at the time of the filing of an adoption petition, according to the biological parent's or biological sibling's name at that time; and that shall cross-reference each biological parent and each biological sibling listing to the listing of the biological parent's offspring or biological sibling's adopted sibling, whichever is applicable, that is contained in the other index to the file of releases. 

(D) (1)  The department of health shall prescribe a form that permits any biological parent or biological sibling who has filed a release with the department pursuant to division (B) of this section to withdraw the release. The form shall be designed in a manner that permits the biological parent or biological sibling to supply the information, statement, and matter required by division (D)(3) of this section. Upon request of any biological parent or biological sibling who has filed a release with the department pursuant to division (B) of this section, the department shall provide a copy of the form to the biological parent or biological sibling. 

(2) At any time after filing a release with the department, a biological parent or biological sibling may withdraw the release by filing with the department, on a form prescribed by it pursuant to division (D)(1) of this section, a withdrawal of release that contains the information, statement, and matter required by division (D)(3) of this section. 

(3) A withdrawal of release shall contain all the following: 

(a) The information that the biological parent set forth in the release in accordance with divisions (B)(3)(a)(i) and (ii) of this section, or that the biological sibling set forth in the release in accordance with divisions (B)(3)(b)(i) and (ii) of this section, whichever is applicable; 

(b) A statement withdrawing the authorization of the biological parent to release identifying information, in accordance with section 3107.41 of the Revised Code, to the biological parent's offspring, or withdrawing the authorization of the biological sibling to release specified information, in accordance with section 3107.41 of the Revised Code, to the biological sibling's adopted sibling, whichever is applicable; 

(c) The written signature of the biological parent or biological sibling, the biological parent's or biological sibling's residential mailing address, and the date upon which the withdrawal of release is filed with the department. 

(4) If any biological parent or biological sibling who previously filed a release with the department, files with the department a withdrawal of release that has been completed in accordance with division (D)(3) of this section, the department shall accept the withdrawal of release and place it in the file of releases together with and attached to the release previously filed by the biological parent or biological sibling. Upon request of the biological parent or biological sibling, the department shall provide the biological parent or biological sibling with a copy of the withdrawal of release. 

Upon the withdrawal of a release, the department shall note in the index to the file of releases that lists each biological parent and biological sibling who files a release, the fact that the biological parent or biological sibling has filed the withdrawal of release. This notation shall be placed in the index next to the biological parent's or biological sibling's name and the cross-reference to the listing of the biological parent's offspring or the biological sibling's adopted sibling in the other index to the file of releases. 

HISTORY: 140 v H 84 (Eff 3-19-85); 142 v H 790 (Eff 3-16-89); 146 v H 419. Eff 9-18-96.