Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 53 - Adoption information search and disclosure
Section DCF 53.06 - Release of adoption information

Universal Citation: WI Admin Code ยง DCF 53.06

Current through August 26, 2024

(1) CONFIDENTIALITY. The department and agencies shall comply with Wisconsin statutes, administrative rules and federal regulations governing confidentiality of adoption records and consider all adoption information to be confidential information that may only be released as provided under ss. 48.432, 48.433, and 48.93, Stats., and this chapter.

(2) NOTIFICATION OF THE DEPARTMENT. Any agency disclosing identifying information shall inform the department regarding the types of information released and the persons to whom this information was released.

(3) MEDICAL AND GENETIC INFORMATION. The department or agency shall release medical and genetic information as follows:

(a) On receiving an eligible request, the department or agency shall compile any existing medical and genetic information from files maintained at the department or agency into a medical and genetic history and provide a copy of the information to the requester without charge except for the actual cost of reproduction. Any updated medical and genetic information obtained as a result of a requested search of additional sources shall also be compiled into a medical and genetic history and reported to the eligible requester, and a fee may be charged for the cost of the search;

(b) When the department or agency receives any updated medical and genetic information pertaining to the birth parents or adoptee, the department or agency shall make a reasonable effort to forward that information to the birth parent or to the adoptive parent, or to the adoptee after he or she has reached age 18, and the agency shall also forward that information to the department;

(c) On receiving a report from a physician that an adoptee, birth parent or another child of a birth parent has or may have a genetically transferable disease, the department or agency shall disclose that information directly to the adoptee, if the adoptee is 18 years of age or older, or to the guardian, custodian or adoptive parents, if the adoptee is under age 18, and to the birth parent, as required by s. 48.432(7) (a) and (b), Stats.; and

(d) On receiving a court order, the department or agency shall release information listed in par. (a) or (b) as specified by the court order.

(4) BIRTH PARENT NONIDENTIFYING INFORMATION. On receiving a request from an adoptive parent or an adopted person over the age of 18, the department or agency shall provide the requester with any nonidentifying social history information about the adopted person's birth family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adopted person or the adopted person's birth parents.

(5) BIRTH PARENT IDENTIFYING INFORMATION.

(a) The department and agencies conducting searches under an interagency agreement may release birth parent identifying information only to requesters who are 21 years of age or over and whose birth parents' rights have been terminated in this state or who have been adopted in this state with consent of the birth parent or parents before February 1, 1982, and only after the birth parent has filed an affidavit granting authorization for release of identifying information or pursuant to a court order.

(b) If the department or agency may not under this subsection disclose the information requested and the requester is an adoptive parent or an adopted person over the age of 18, the department or agency shall provide the requester with any nonidentifying social history information about the adopted person's birth family that it has on file as required under sub. (4).

(6) INFORMATION FROM A RECORD OF FINAL ADOPTION. When an agency receives a request for information from a record of final adoption, the agency shall forward the request and the requested information to the department, except that the agency shall disclose the information directly to the requester in response to a court order, as authorized by the department under an interagency agreement, pursuant to subs. (3) (b), (c) and (4) or when the request is for existing medical and genetic information under sub. (3) (a).

Requests for updated medical and genetic information relevant to adoptees and for identifying information about birth parents should be sent to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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