AB 502

This bill expands access to original impounded birth records, allowing an

adoptee and any other person whose original birth record has been impounded to

obtain access and an uncertified copy of his or her original record upon request once

the person is 18 years of age.

Under current law, the Department of Children and Families administers an

adoption search program under which a person 18 years of age or over whose birth

parent's rights have been terminated in this state may request DCF to provide the

person with any information that is available to DCF regarding the identity and

location of the person's birth parents. DCF may provide the identity and location of

a birth parent only if DCF has on file an unrevoked affidavit from each known birth

parent authorizing DCF to disclose that information. If DCF does not have on file

an unrevoked affidavit from each known birth parent, DCF must search for each

birth parent who has not filed an affidavit and, upon locating a birth parent, must

give the birth parent an opportunity to file an affidavit. If a known birth parent

cannot be located, DCF may disclose the identity and location of that birth parent if

the other birth parent has filed an unrevoked affidavit. If a birth parent who has not

filed an affidavit is known to be deceased, DCF may not provide the identity of that

birth parent but may provide the identity and location of the other birth parent if the

other birth parent has filed an unrevoked affidavit and if one year has elapsed since

the death of the deceased birth parent.

Generally, under current law, if the state registrar receives a court or

administrative order providing for an adoption, the state registrar must prepare a

new birth record for the subject of the adoption unless the adoptive parents or the

adoptee requests that no new record be prepared. The new record must show certain

information including the names and personal information of the adoptive parents

and must show the hospital and time of birth as unknown. The state registrar must

impound the original birth record and all related materials and may generally not

provide access to them, except when authorized by the birth parent in an affidavit

prepared using the procedure under current law that is described above.

Also under current law, a person who assumes custody of an infant of unknown

parentage must file a birth record (foundling birth record) for the infant containing

certain information about the infant. If the infant is later adopted and the adoptive

parents sign a birth record giving their names as the adoptive parents, the state

registrar must impound the foundling birth record and generally may not provide

access to it. Current law also provides that if a person is born to a surrogate, the

surrogate's name is entered on the original birth certificate and, if a court

subsequently determines parental rights, the state registrar must then prepare and

register a new birth record and impound the original.

The bill eliminates language allowing for access to an adoptee's original,

impounded birth record only when access has been granted by the birth parent in an