25-6-15. Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported.

The files and records of the court in an adoption proceeding are not open to inspection or copy except:

(1)    By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and proper proof of identification; or

(2)    Upon order of the court expressly permitting inspection or copy.

The court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.

Source: SL 1939, ch 168, § 11; SDC Supp 1960, § 55.3716; SL 1985, ch 208, § 4; SL 1986, ch 214, § 1; SL 1986, ch 215; SL 2023, ch 83, § 1.

25-6-15.1. Confidentiality of records.

All papers, records, and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with §§ 25-6-15 to 25-6-15.3, inclusive.

Source: SL 1985, ch 208, § 1.

25-6-15.2. Nonidentifying information--Release to adoptive parent or adoptee.

Nonidentifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen, upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature that it would tend to identify a biological relative of the adoptee.

For the purposes of §§ 25-6-15 to 25-6-15.3, inclusive, nonidentifying information is:

(1)    The age of the natural parents at the time of the birth of the adoptee. However, this does not include the dates of birth of the parents;

(2)    The heritage of the natural parents, which includes nationality, ethnic background, and race;

(3)    The education, which shall be number of years of school completed by the natural parents at the time of the birth of the adoptee;

(4)    The general physical appearance of the natural parents at the time of the birth of the adoptee in terms of height, weight, color of hair, eyes, skin, and other information of a similar nature;

(5)    The talents, hobbies, and special interests of the natural parents;

(6)    The existence of any other children born to either natural parent before the birth of the adoptee;

(7)    Whether it was a voluntary or involuntary termination of parental rights;

(8)    The religion of the natural parents;

(9)    The occupation of natural parents in general terms;

(10)    The health history of natural parents and blood relatives; and

(11)    The relationship between the natural parents.

Source: SL 1985, ch 208, § 2.

25-6-15.3. Registry of consents to release of identifying information.

The Department of Social Services shall maintain a voluntary registry of those adoptees and natural parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adoptee desires release of this identifying information after his death. A person who uses this voluntary register may revoke his consent at any time.

Source: SL 1985, ch 208, § 3.