Bill Text: HI SB2188 | 2014 | Regular Session | Amended
Bill Title: Adoption Records; Open Access
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-02-10 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2188 Detail]
Download: Hawaii-2014-SB2188-Amended.html
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THE SENATE |
S.B. NO. |
2188 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADOPTION RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. To protect adopted children from the stigma of illegitimacy, states began sealing adoption records in the middle of the 20th century. Although adoptees were generally allowed to access their own adoption records, states later began limiting adoptees' access to adoption records due to the prevailing idea that adopted children were better off if they were unaware of their adoption. Current research, however, has illustrated that the secrecy surrounding an adoption has significant negative psychological consequences on an adoptee. Furthermore, cultural changes have largely diminished the stigma surrounding adoption and recent genetics research has highlighted the importance of genetic history to an individual's medical care.
Although the legislature eased restrictions for some adoptees to access adoption records in 1990, Hawaii's adoption records law continues to condition access to records on birthparent approval, a major hurdle for adoptees to overcome. Even more, adoptees must pay a search agent approximately $600 to locate birthparents who have moved since the adoption proceedings - a nearly sure thing if eighteen years have passed since the adoption proceedings.
The legislature finds that countries with open access laws and other states that have restored open access to adoption records have not experienced significant negative consequences that critics predicted would befall birthparents that sought to retain anonymity. Furthermore, the substantial interest that an adoptee has in learning the adoptee's familial history outweighs any vague discomfort that could befall a birthparent.
The purpose of this Act is to provide adoptees of a certain age unfettered access to the adoptees' adoption records.
SECTION 2. Section 578-15, Hawaii Revised Statutes, is amended to read as follows:
"§578-15 Secrecy of proceedings and records. (a) The records in adoption proceedings, after the petition is filed and prior to the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or by any proper person on a showing of good cause therefor, upon order of the court. Except in the case of an individual being adopted by a person married to the legal father or mother of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual's legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree. The hearing of the petition shall be in chambers and shall not be open to the public.
(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed. The seal shall not be broken and the records shall not be inspected by any person, including the parties to the proceedings, except:
(1) Upon order of the family court upon a showing of good cause;
(2) [For adoptions which occurred prior to January
1, 1991, after] After the adopted individual attains the age of
eighteen and upon submission to the family court of a written request for
inspection by the adopted individual or the adoptive parents [in accordance
with the following:
(A) Within sixty calendar days after
receipt of a request for inspection, the family court, by certified mail with
return receipt requested, shall mail to the last known address of each natural
parent a notice of the request for inspection of adoption records, a copy of
the request for inspection and copies of any accompanying letters, photographs,
or other documents submitted in support of the request. The notice shall
inform the natural parent that unless an affidavit signed by the natural parent
requesting confidentiality is received by the family court within sixty
calendar days of the date of receipt of the notice, the natural parent will be
deemed to have waived any rights of confidentiality and the records shall be subject
to inspection by the adopted individual or the adoptive parent who submitted
the request. The notice shall also inform the natural parent that an affidavit
requesting confidentiality for a period of ten years may be filed. A blank
affidavit to be completed and signed by the natural parent shall be mailed with
the notice;
(B) If the family court has received
a return receipt for the notice but an affidavit requesting confidentiality is
not received by the family court within sixty calendar days of the date of
receipt of the notice, the family court shall allow inspection under this
section;
(C) If the notice is returned as
undeliverable to a natural parent, the family court shall designate an agent or
agency to conduct a good faith and diligent search to locate the natural parent
and to provide the notice and all other documents required under subparagraph
(A). The search shall extend over a period not to exceed one hundred eighty
calendar days. Contacts with natural parents by a designated agent or agency
under this section shall be personal, whenever possible, and confidential. The
family court shall provide the designated agent or agency with a copy of the
request for inspection and copies of any accompanying letters, photographs, or
other documents submitted in support of the request, and the designated agent
or agency shall present the copies to the natural parent when contacted. The
family court and the designated agent or agency shall ensure that no person
other than a natural parent or the agent or agency through which a natural
parent obtained assistance for the adoption is informed of the adoptive
individual's existence and the relationship to the natural parent;
(D) If a natural parent cannot be
located after the search conducted under subparagraph (C), the family court
shall allow inspection under this section;
(E) If an affidavit requesting
confidentiality is received by the family court within sixty calendar days of
the date of receipt of the notice provided under subparagraph (A) or (C), the
family court shall not allow inspection during the effective period of the
affidavit;
(F) If a ten-year affidavit is filed
under subparagraph (E), the natural parent may refile affidavits every ten
years thereafter to maintain confidentiality, or the natural parent may file an
affidavit effective for the remainder of the natural parent's lifetime. All
affidavits subsequent to the initial affidavit may be filed within ninety
calendar days before the last effective day of the initial affidavit. If there
is no effective affidavit on file with the family court at the time a request
for inspection is received by the court, the court shall allow inspection under
this paragraph;
(G) An affidavit requesting
confidentiality shall be effective until the last day of the period for which
the affidavit was filed, until the natural parent revokes the affidavit, or
until the natural parent is deceased, whichever occurs sooner; and
(H) Where two natural parents are
involved and confidentiality is waived under this paragraph by only one natural
parent, the inspection of the records shall not include any identifying
information concerning the other natural parent;
(3) For adoptions occurring after December
31, 1990, in accordance with the following:
(A) Each natural parent shall be
informed of the procedures required under this paragraph if the natural parent
desires to maintain confidentiality after the adopted individual attains the
age of eighteen;
(B) Within ninety calendar days
before the adopted individual attains the age of eighteen a natural parent may
file an affidavit with the family court to request confidentiality and the
natural parent may refile affidavits every ten years thereafter to maintain
confidentiality or the natural parent may file an affidavit effective for the
remainder of the natural parent's lifetime. All affidavits after the initial
affidavit may be filed within ninety calendar days before the last effective
day of the initial affidavit;
(C) If a natural parent declines or
fails to file an affidavit under subparagraph (B), the family court shall allow
inspection of the record by the adopted individual or the adoptive parents at
any time after the adopted individual has attained the age of eighteen; and
(D) Where two natural parents are
involved and confidentiality is waived under this paragraph by only one natural
parent, the inspection of the records shall not include any identifying
information concerning the other natural parent;
(4) For all adoptions, regardless of date
of occurrence, after the adopted individual attains the age of eighteen and
upon submission to the family court of a written request for inspection by a
natural parent; provided that the adopted individual shall have the same
rights and obligations applicable to natural parents under paragraphs (2) and
(3), including rights of notice and opportunity to file affidavits requesting
confidentiality.
(5) For all adoptions, regardless of date
of occurrence, after];
(3) After the adopted individual
attains the age of eighteen and upon submission [of an affidavit by a
natural parent consenting to the inspection of records by the adoptee or an
affidavit submitted by an adoptee consenting to the inspection of records] to
the family court of a written request for inspection by the natural
parents; [provided that where only one natural parent files an affidavit for
consent, the inspection of records shall not include any identifying
information concerning the other natural parent;
(6)] (4) Upon request by the adopted
individual or the adoptive parents for information contained in the records
concerning ethnic background and necessary medical information[,
notwithstanding any affidavit requesting confidentiality]; or
[(7)] (5) Upon request by a natural
parent for a copy of the original birth certificate.
As used in this subsection, "natural parent" means a biological mother or father, or a legal parent who is not also the biological parent.
(c) The clerk of the court shall keep a docket of all adoption proceedings, which may be inspected only by order of the family court."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Adoption Records; Open Access
Description:
Grants adopted individuals who have attained eighteen years of age, unfettered access to the adopted individual's sealed adoption records. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
