Bill Text: AZ HB2698 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Birth certificate; adoption
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-02-14 - House read second time [HB2698 Detail]
Download: Arizona-2019-HB2698-Introduced.html
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REFERENCE TITLE: birth certificate; adoption |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2698 |
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Introduced by Representatives Carroll: Bolick
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AN ACT
amending sections 8‑121 and 36‑322, Arizona Revised Statutes; amending Title 36, chapter 3, article 3, Arizona Revised Statutes, by adding section 36-340; relating to vital records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-121, Arizona Revised Statutes, is amended to read:
8-121. Confidentiality of information; exceptions
A. It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8‑120, 8‑129, or 8‑134 or 36‑340, or except for purposes permitted by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8‑116. After one hundred years has elapsed from the date of the order issued pursuant to section 8‑116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records. The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.
B. The provisions of This section shall does not be construed to prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.
C. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.
D. A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption. Nonidentifying information may be released by the court pursuant to section 8‑129. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8‑106. If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.
E. An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information. If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.
F. This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption.
Sec. 2. Section 36-322, Arizona Revised Statutes, is amended to read:
36-322. Sealing a certificate
A. The state registrar shall seal a certificate and evidentiary documents when the state registrar amends the registered certificate.
B. Unless required by a court order and except as provided in section 36‑340, the state registrar shall not issue a copy of a certificate or other record sealed pursuant to this section.
Sec. 3. Title 36, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 36-340, to read:
36-340. Adopted individual; sealed original birth certificate; copy; contact preference; medical history; confidentiality
A. The state registrar shall provide to an individual a copy of the individual's original birth certificate that has been sealed due to an adoption and any evidence of the adoption that is held with the original birth certificate, if all of the following are true:
1. The individual is nineteen or more years of age.
2. The individual was born in this state.
3. The individual submits a written request to receive a copy of the birth certificate with the state registrar.
B. The copy of the original birth certificate shall clearly indicate that it is not a certified copy and that it may not be used for legal purposes.
C. The fees and procedures that apply to obtaining a copy of a registered certificate apply to obtaining a copy of an original BIRTH certificate pursuant to this section.
D. The state registrar shall develop a contact preference form to be filled out by the birth parent, at the birth parent's option, and kept with the original birth certificate as provided in this section. The preference form shall indicate if the birth parent:
1. Wants to do any of the following:
(a) Be contacted by the individual who receives the copy of the original birth certificate.
(b) Be contacted only through an intermediary.
(c) Not be contacted.
2. Has completed and filed with the state registrar a medical history form.
E. The state registrar shall develop a medical history form to be completed by the birth parent, at the birth parent's option.
F. The contact preference form and the medical history form are confidential. If the birth parent files the forms, the state registrar shall seal the forms together and retain them with the original birth certificate. The forms shall be given to the individual who receives the original birth certificate. The state registrar may not keep a copy of the contact preference form or the medical history form.
G. A birth parent may file with the state registrar an amended contact preference form or medical history form.
