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Current Legislation (2015)

ADOPTEE RIGHTS LEGISLATION

2015

All information taken from official state legislative pages unless otherwise indicated. For more information on these bills, go to the appropriate links.

Bastard Nation State Pages are currently under revision and construction.

Additions and corrections welcome!

 

OBC ACCESS

walken [1]

CONNECTICUT

BASTARD NATION CONNECTICUT PAGE [2]

Current Law [3]

On July 1, 2015 a new law [4] became effective in Connecticut that gives certain adult adoptees the right to obtain a copy of their original birth certificate if:

  • You were born and adopted in Connecticut.
  • You will be 18 or older on or after July 1, 2015.
  • Your adoption was finalized on or after October 1, 1983.

Pursuant to the new law, adoptees are also entitled to receive a Contact Preference Form and Medical History Form if they have been filed with the Department of Children and Families.

For adoptees adopted prior to October 1, 1983, a convoluted intermediary/consent system is in place. Upon petition, you may receive a copy of your original birth certificate on request if the birth parents named on the OBC have affirmatively consented. If they have not, an intermediary has sixty days to conduct a search to obtain such consents. If the search is unsuccessful, a report is prepared for the court hearing the petition which shall then make a determination whether or not to release”identifying information” to the adoptee/petitioner.

Bill submitted by Access Connecticut Adoptee Rights,  aligned with the American Adoption Congress. Over 30,000 Connecticut adoptees were left behind.

Links

Reporters   Shea Grimm, Lisa Zatolsky

 

COLORADO

BASTARD NATION COLORADO PAGE [6]

Current Law [7]

SB 14-051 [8] was signed by the governor on 5/22/14. Previous to SB 14-051, Colorado had a tiered system of access whereby certain relatives and descendants of a deceased adoptee or birth parent; Adult adoptees whose adoptions were finalized between 7/1/51 and 6/30/67, or on or after 9/1/99; and those eligible under the Indian Child Welfare Act could access their original birth certificate upon request.

SB 14-051 provides access to original birth certificates upon request to adult adoptees regardless of adoption finalization date, but also enacted what is described as a “Contact Preference Form”. However, in addition to stating a contact preference, the forms contain an option for the birthparent “to authorize or not authorize the release of the original birth certificate to eligible parties.” (In other words, a disclosure veto).

The disclosure veto option on the CPF under SB 14-051 expires on January 1, 2016. Thereafter, CPFs will not be distributed that contain a disclosure veto option. However, this bill provides that any vetoes filed prior to January 1, 2016 remain in full force and effect.

Proponents have argued that any disclosure vetoes filed prior to January 1, 2016 will also expire or no longer be honored after January 1, 2016, however there is no clear indication that this is so. ON the face of it, it wouldn’t make sense for the state to collect disclosure vetoes up to January 1, 2016 only to say that none of them will be honored after that date. Moreover, one particular provision in the bill provides guidance that the intent is to honor all vetoes filed by January 1, 2016: “When one birth parent has authorized the release of the birth certificate and the other birth parent has filed a contact preference form prior to January 1, 2016, not authorizing release, the state registrar shall issue the original birth certificate to the eligible party with the name of the nonconsenting parent redacted.”
In a twist, however, SB 14-051 provided access to “all adoption records as defined in Section 19-1-103 (6.5) for inspection and copying by an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee” and other individuals with the written notarized consent of the adult adoptee.

Discrepancies in the way this provision was being administered, including redactions not authorized by law, was the impetus for:HB 15-1106 [7] – which was signed by the governor on 3/30/15. Described by proponents as a “clean up measure” to “clarify access,” this bill defines what “adoption records” are to be released and clarifies that they are to be released “without redaction.”

What remains to be seen is how these bills, now laws, are going to be interpreted and administered. On the face of it, HB 15-1106 seems to conflict with the clear directive of SB 14-051 which requires that effective 1/1/16, when an adult adoptee requests an OBC, the state registrar do a search to see if a CPF with a veto was filed prior to 1/1/16 and if so, does not release the OBC. HB 15-1106 however, does not provide for the withholding or redaction of an original birth certificate.

LINKS

Reporter:  Shea Grimm

 

INDIANA

BASTARD NATION INDIANA PAGE [10]

Current Law [11]  (Relevant citations are § 31-19-13-2; 31-19-22-2; 31-19-25-2; 31-19-25-3; 31-19-25-6; 31-19-25-8; 31-19-25-9)

SB 352 [12]:   Description:  A non-access bill which was an attempt to equal out Registry tiers between those born pre- and post-January 1, 1994.  The bill was incorrectly presented as containing a contact preference form and allowing partial access with a disclosure veto while using the Registry as an intermediary for those born prior to January 1, 1994.

Statehouse Links

Links

Reporter  Lisa Zatonsky

 

MASSACHUSETTS

BASTARD NATION MASSACHUSETTS PAGE [21]

Current Law [22]     Citation  Chapter 46 Section 2B

Description:  Companion bills HB 2045 [23] and SB 1144 [24]  strike  OBC restricted date language;  will make all OBC access in Massachusetts unrestricted and unconditional.

HB 2045:  An Act granting equal access to original birth certificates to all persons born in Massachusetts.

SB 1144:  An Act relative to equal access to original birth certificates.

Bastard Nation Submitted Testimony [26] to Joint Committee on Public Health, June 23, 2015

Reporters:  Lisa Zatonsky, Marley Greiner

 

MINNESOTA

BASTARD NATION MINNESOTA PAGE [27]

Current Law [28]    Citation: Ann. Stat. §§ 259.83; 259.89

Description:  Companion bills HG 2247 [29] and SF 2132 [29].  There is a lot going on in the bills because with several adoption related issues attacked at once.

HF 2247

SF 2132

 Reporters:  Lisa Zatonsky  Marley Greiner

 

MISSOURI

BASTARD NATION MISSOURI PAGE [32]

Current Law

Citation: Ann. Stat. § 453.121 [33] (access to non-ID and identifying info by mutual consent)
Citation: Ann. Stat. § 193.125 [34] (access to OBC)

Description:  HB647 [35],  clean adoptee right to OBC bill, has stalled in the House Children and Families Committee. The state movement had competition in HB 1112 [36], an adoption agency sponsored alternate bill, which required search for the birthparents and affirmative authorization by both birthparents to release the adoption records to the adult adoptee. HB 1112 also stalled in committee.

Bastard Nation continues to await the in-state Missouri Adoptee Rights Movement to partner for support. They have stated intent to come forward again next session.

HB 647:   Establishes procedures for an adopted person to obtain a coy of his or her original birth certificat

HB 1112  Authorizes the release of certain adoption records to the adopted adult or the adopted adult’s lineal descendants

Reporter:  Jean Ulrich

 

MONTANA

BASTARD NATION MONTANA PAGE [37]

 Description:  HB 397 [38]  Revise adoption laws related to release of birth certificates to adoptees  Multi-tier access bill that includes a disclosure veto and an option that the OBC may only be released through a court order. Tiers are pre-October 1, 1985 (tier 1) may receive, October 1,1995-October 1, 1997 (tier 2) may receive through a Court order if not denied by the biological parent(s), and post October 1, 1997 (tier 3) may receive if there is not a DV or through a Court order. After 30 years from the date of the signed adoption, tiers 2 and 3 may receive according to the same manner as tier 1.

CURRENT STATUS:  PASSED/  04/01/2015 Signed by the Governor,

EFFECTIVE:  October 15, 2015`

LINKS

RELATED LINKS

Reporter:  Lisa Zatonsky

 

New York

BASTARD NATION NEW YORK PAGE [46]

Current Law [47]     Citation: Pub. Health Law §§ 4138-c; 4138-d

A2901/S3314 [48](As Amended 2909-A and S5964-2015

Reporter: Shea Grimm

 

 

PENNSYLVANIA

BASTARD NATION PENNSYLVANIA PAGE [57]

Current Law [58]     Citation: Cons. Stat. Tit. 23, § 2905

HB 162: [59] re-submitted from last session where it passed House.  (See 2014 Legislation Page for details)

Description:  Unrestricted access amended to restricted access.

State/Legislative Links

Selected Testimony, 4/14/2015

Support

Oppose

A restricted amended bill [74]was submitted and passed by the Pennsylvania   Committee and is currently in the House Rules Committee.   It is a bait and switch bill that includes redactions:

Pennsylvania Adoptee Rights (not affiliated with BN) has withdrawn support.

Links

 

Reporter:  Marley Greiner

 

TEXAS

BASTARD NATION TEXAS PAGE [76]

Current Law

OBC access available to adult adoptees only if they can identify the birth parents listed on it. Identifying information released via a burdensome mutual consent registry. Even if matched on the registry, the applicant must participate in counseling for not less than 1 hour with a social worker or mental health professional with expertise in post-adoption counseling before the release of information. In addition even though already registered, when a match is made, the parties are all contacted again and required to sign affirmative consents and participate in counseling before information is released.

HB 984 Text [76]

Bill House Analysis [80]

HB984 passed the House in May of 2015 but was stalled in the Senate when it failed to be brought to a vote

Summary:  While the bill language was clean regarding adoptee access to their own original birth certificate, the accompanying so-called “Contact Preference Form” was in reality a Contact Veto.Section 2 and Section 3 of the bill would have given a birthparent a new affirmative right to “authorize” or “not authorize” contact, by their adult adoptee. The language of “prefer”, as utilized in Oregon, Alabama, New Hampshire, and Maine, was lobbied OUT of this bill. The inserted “authorize” language would have contacting the biological parent a potentially criminal act and subject adoptees to civil suits and penalties, while denying them due process of law.
Links
 Reporter:  Shea Grimm

 

SAFE HAVEN

baby dump 3 [87]

ILLINOIS

BASTARD NATION ILLINOIS PAGE [88]

SB 1670 [89]

Description:  Amends the Abandoned Newborn Infant Protection Act.

NOTE:  Reportedly this bill was originally about procedures creating birth certificates for out-of-hospital births, but additions were made.

Bastard Nation’s  interest in this bill concerns the first provision, the creation of a foundling birth certificate.  Illinois already uses founding birth certificates, even in safe haven cases.  What is the purpose then of this bill  except to carve out an unknown safe haven guarantee?

Status and Actions:

  2/20/2015 Senate Filed with Secretary by Sen. Heather A. Steans [90]
  2/20/2015 Senate First Reading
  2/20/2015 Senate Referred to Assignments [91]
  3/3/2015 Senate Added as Co-Sponsor Sen. Thomas Cullerton [92]
  3/6/2015 Senate Added as Chief Co-Sponsor Sen. Toi W. Hutchinson [93]
  3/11/2015 Senate Assigned to Judiciary [94]
  3/18/2015 Senate Added as Co-Sponsor Sen. Dan Kotowski [95]
  3/24/2015 Senate Do Pass Judiciary [94]; 011-000-000
  3/24/2015 Senate Placed on Calendar Order of 2nd Reading March 25, 2015
  4/14/2015 Senate Added as Chief Co-Sponsor Sen. Kimberly A. Lightford [96]
  4/16/2015 Senate Added as Co-Sponsor Sen. William Delgado [97]
  4/21/2015 Senate Second Reading
  4/21/2015 Senate Placed on Calendar Order of 3rd Reading April 22, 2015
  4/21/2015 Senate Added as Co-Sponsor Sen. Donne E. Trotter [98]
  4/21/2015 Senate Senate Floor Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans [90]
  4/21/2015 Senate Senate Floor Amendment No. 1 Referred to Assignments [91]
  4/22/2015 Senate Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments
  4/23/2015 Senate Added as Chief Co-Sponsor Sen. Iris Y. Martinez [99]
  4/23/2015 Senate Added as Co-Sponsor Sen. David Koehler [100]

Status:  6/1/2015:  DEAD.  Died in committee at end of session.

Links

Reporter:  Marley Greiner

BABY BOXES

baby box 1 [102]

Baby Boxes are Safe Havens on steroids.  Not satisfied with anonymous abandonment through Safe Haven programs, a new group has emerged–separate from the Safe Haven Movement. Baby Box groups, headed by Indiana EMT and anti-abortion activist Monica Kelsey, with the support of the Knights of Columbus and radical anti-abortionists, is  working to pass bills throughout the country to authorize the installation of baby boxes–similar to bank depositories–where “desperate women” can ditch their “unwanted babies” with absolute, guaranteed anonymity unlike the  assumed or implied anonymity of  Safe Haven drops. Established Save Haven organizations such as the Save Abandoned Babies Foundation (Illinois), AMT Children of Hope (New York) and even Baby Safe Haven New England (the Morriseys) are actively opposing this legislation. Bastard Nation is extensively backgrounding and researching Baby Boxers and will be be posting exposes over the summer.  In the meantime, we are keeping track of legislation.

INDIANA

BASTARD NATION INDIANA PAGE [10]

HB 1016 [103] Newborn Safety Incubators–“Baby Boxes”

Description: “Requires the commission on improving the status of children in Indiana to submit, before January 1, 2016, to the general assembly and the governor’s office recommendations concerning: (1) new methods or mechanisms for carrying out policies relating to abandoned children; and (2) the production and distribution of information and posting of uniform signs regarding certain laws regarding emergency custody of abandoned children. Requires the state department of health to prepare and submit, before January 1, 2016, to the general assembly and the governor’s office recommendations concerning standards and protocols for the installation and operation of newborn safety incubators. Requires the state department of health to consider certain factors in preparing the recommendations.”

ACTIONS

STATUS

LINKS:

Senate Health and Provider Services Video [113]

Reporter:  Lisa Zatonsky, Marley Greiner

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Reporters:   Marley Greiner,( Bastard Nation), Shea Grimm, (Bastard Nation). Jean Ulrich (CalOpen), and Lisa Zatonsky (Indiana Open Access). Editor:  Marley Greiner

Updated August 3, 2015

 

 

 

 

 

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