AB 390

This bill expands access to original impounded birth records, allowing an adoptee whose original birth record has been impounded to receive an uncertified copy of that impounded record upon request once the adoptee 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 one birth parent is known to be deceased and the other alive, DCF must provide the identity of the deceased parent, but may provide the original birth certificate and the identity and location of the living birth parent only if that birth parent has filed an unrevoked affidavit.

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.

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 affidavit. The bill instead requires the state registrar to provide any person over the age of 18 whose original birth record has been impounded with unrestricted access to the person’s original unaltered birth record and issue that person an uncertified copy of the original unaltered birth record. The bill also requires that the state registrar, when issuing an uncertified copy of an original impounded birth record, to inform the recipient about current law provisions regarding access to certain information about a person’s birth parents. The bill does not change certain restrictions applicable to vital record access in the circumstance of adoptions involving an Indian child.