Bill Text: CA AB372 | 2009-2010 | Regular Session | Amended
Bill Title: Vital records: adoptees and birth certificates.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB372 Detail]
Download: California-2009-AB372-Amended.html
BILL NUMBER: AB 372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 23, 2009
An act to add Section 102705.2 to the Health and Safety Code,
relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 372, as amended, Ma. Vital records: adoptees and birth
certificates.
Existing law requires that a court report of adoption be filed
with the original record of birth and that these records remain a
part of the records of the State Registrar. Existing law provides
that vital records related to adoptions, other than a newly issued
birth certificate, shall be available only upon the order of the
superior court of the county of residence of the adopted child or of
the county granting the order of adoption. The order shall not be
granted unless a verified petition setting forth facts showing the
necessity of the order has been presented to the court and good and
compelling cause is shown for granting the order.
This bill would require, in a case of medical necessity regarding
a serious health condition, as defined, of an adopted person,
that the superior court, upon petition, order the
State Registrar to provide , upon request of an adoptee,
a copy of the original and unredacted birth certificate of
the adoptee to that adoptee, his or her parent or guardian if the
adoptee is a minor, or another person who is legally authorized to
make decisions regarding health care for the adoptee. The bill would
also require, on and after January 1, 2010, the State Registrar to
provide, upon receiving a request from an adoptee if the adoption
proceedings were completed prior to that date or, with respect to a
child who is the subject of adoption proceedings completed on or
after January 1, 2010, upon receiving notice that those proceedings
are completed, a copy of the original and unredacted birth
certificate of an adoptee to that adoptee when the adoptee attains at
least 25 years of age, unless a birth parent who is listed on the
certificate requests, on a form provided by the State Registrar, that
the State Registrar not provide that copy to the adoptee, as
specified. The bill would enact different procedures in regard to the
notification provided to the birth parent, depending upon whether
adoption proceedings for the child were completed prior to, or on or
after, January 1, 2010, as specified. The bill would also require
that the birth parent of a child for whom adoption proceedings were
completed on or after January 1, 2010, who initially signs the form
requesting that the State Registrar not provide a copy of the birth
certificate to the adoptee, be provided with a second form affording
the opportunity to revoke that request, as specified.
Notwithstanding these provisions, if the adoptee is 25 years of age
or older and both birth parents listed on the adoptee' s
birth certificate are deceased, as specified, the bill
would require the State Registrar to immediately provide a copy of
the original and unredacted birth certificate to the adoptee upon
request of the adoptee.
The bill would require the State Registrar to develop and adopt
the forms necessary to implement these provisions.
The bill would authorize, only until January 1, 2035, the Office
of Vital Records to assess a fee for providing services pursuant to
the provisions described above, not to exceed the administrative
costs of providing those services.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 102705.2 is added to the Health and Safety
Code, to read:
102705.2. (a) Notwithstanding any other provision of law, this
section shall govern the provision of a copy of an original and
unredacted birth certificate by the State Registrar to an adopted
person who is the subject of that birth certificate.
(b) In a case of medical necessity regarding a serious health
condition of an adopted person, the State Registrar shall
upon presentation of a verified petition that sets
forth facts describing the medical necessity regarding the serious
health condition, the superior court shall order the State Registrar
to provide a copy of the original and unredacted birth
certificate of the adoptee to that adoptee, his or her parent or
guardian if the adoptee is a minor, or another person who is legally
authorized to make decisions regarding health care for the adoptee.
For purposes of this subdivision, a case of medical necessity
regarding a serious health condition includes, but is not limited to,
a health condition for which a successful treatment option would
involve the use of parental or familial information regarding the
adoptee, such as a medical condition requiring a direct-match tissue
transplant. The petition describing the medical necessity
regarding the serious health condition shall be filed with the
superior court of the county of residence of the adopted child or the
superior court of the county granting the order of adoption.
(c) On and after January 1, 2010, the State Registrar, upon
request by an adoptee, shall provide a copy of the original and
unredacted birth certificate of an adoptee to that adoptee when the
adoptee attains 25 years of age, except as otherwise provided in
subdivision (d) or (e).
(d) (1) On and after January 1, 2010, upon receiving a request
from an adoptee pursuant to subdivision (c), the State Registrar
shall provide notice to each birth parent named on the original birth
certificate of an adopted person who was the subject of adoption
proceedings that were completed prior to January 1, 2010, informing
the birth parent that the original and unredacted birth certificate
of the adopted child shall be provided to the adopted child when the
child attains at least 25 years of age, unless paragraph (3) applies.
(2) The notice provided pursuant to paragraph (1) shall be sent to
the best available address for each birth parent who is listed on
the original birth certificate. The notice shall be sent by
certified or registered mail, restricted delivery, and return
receipt requested and shall do both of the following:
(A) The notice shall advise the birth parent regarding the change
in the law pursuant to this section.
(B) The notice shall include a form on which the birth parent may
indicate that he or she does not wish a copy of the original and
unredacted birth certificate to be provided to the adoptee.
(3) The State Registrar shall not provide a birth certificate
pursuant to subdivision (c) if any of the following apply:
(A) The notice provided pursuant to paragraph (1) was not received
by each birth parent listed on the birth certificate, as indicated
by the fact that the State Registrar has not received the return
receipt acknowledgment.
(B) Less than six months have elapsed since the birth parent
received the notice, as indicated by the date on the return receipt
requested.
(C) Each birth parent listed on the certificate has signed the
form included in the notice requesting that the State Registrar not
provide the birth certificate to the adoptee. If two birth parents
are listed on the birth certificate and only one birth parent has
signed the notice, however, the state Registrar shall release a copy
of the birth certificate on which information identifying and
pertaining to that birth parent has been redacted.
(e) (1) On and after January 1, 2010, upon receiving notice that
adoption proceedings regarding a child have been completed, the State
Registrar shall provide notice to each birth parent named on the
original birth certificate of an adopted person who is the subject of
adoption proceedings that are completed on or after January 1, 2010,
informing the birth parent that a copy of the original and
unredacted birth certificate of the adopted child shall be provided
to the adopted child when the child attains 25 years of age, unless
paragraph (3) applies.
(2) The notice provided pursuant to paragraph (1) shall be sent to
the best available address for each birth parent who is listed on
the original birth certificate. The notice shall be sent by
certified or registered mail, restricted delivery, and return
receipt requested and shall do both of the following:
(A) The notice shall include a form on which the birth parent may
indicate that he or she does not wish a copy of the original birth
certificate to be provided to the adoptee. The form shall include the
following statement:
For reasons that may include, but are not limited to, rape,
incest, religious beliefs, or personal preference, I do not authorize
the State Registrar to provide a copy of the original and unredacted
birth certificate to the adoptee.
(B) The notice shall include a second form, which a birth parent
may sign, revoking the first form and instead authorizing the State
Registrar to provide a copy of the original and unredacted birth
certificate to the adoptee.
(3) The State Registrar shall not provide a birth certificate
pursuant to subdivision (c) if both of the following apply:
(A) The notice provided pursuant to paragraph (1) was received by
each birth parent listed on the birth certificate, as indicated by
the return receipt acknowledgment received by the State Registrar
from the birth parent.
(B) Each birth parent listed on the certificate has signed the
first form included in the notice indicating that he or she requests
that the original and unredacted birth certificate remain
confidential and has not subsequently signed the second form revoking
the first form and instead authorizing the State Registrar to
provide a copy of that birth certificate to the adoptee. If two birth
parents are listed on the birth certificate and only one birth
parent has signed the notice and has not signed the second form,
however, the State Registrar shall release a copy of the birth
certificate on which the information identifying and pertaining to
that birth parent has been redacted.
(f) Notwithstanding subdivision (c) or any other provision of law
to the contrary, if both birth parents listed on a birth certificate
of an adoptee are deceased, as verified by the Office of Vital
Records, the State Registrar shall provide a copy of the original and
unredacted birth certificate to the adoptee immediately upon request
of an adoptee who is 25 years of age or older.
(f)
(g) The State Registrar shall develop and adopt the
forms necessary to implement this section.
(h) (1) The Office of Vital Records, or its successor, may assess
a fee for providing services pursuant to this section, not to exceed
the administrative costs of complying with the requirements of this
section.
(2) This subdivision shall remain operative only until January 1,
2035.
