Legislation 2018

Adoptee Equality/Rights Legislation 2018

ADOPTEE RIGHTS LEGISLATION

2018

 

Walken-leg

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

For information on bills from last year and those held over for 2018  go to BN’s 2017 Legislative Page.  Check out our Keep Informed on Legislation page (middle column) for earlier sessions.)

Go to individual State Pages for more details on state actions

Additions and corrections welcome!

Reporters: Marley Greiner,  Jean Ulrich, Lisa Zatonsky

 

 

Indicates current status of bill is Bastard Nation Approved!

 

 

CONNECTICUT

HB 5408 bill page

See CT State page for details

HB 5408 is basically a re-boot of last session. The bill:

  • restores the right of Original Birth Certificate access to those adopted before October 1, 1983. without restriction (currently only those born after that date can access
  • permits the release of the OBC to an adoptee’s adult child or grandchild
  • contains a genuine confidential voluntary Contact Preference Form which lets a birthparent register a preference regarding contact without abrogating the right of access to the OBC

Original bill

Initial sponsors:  Camillo

Support:  Access Connecticut, Adoptee Rights Law Center, ALMA,  Adoption Network Cleveland, Bastard Nation, Concerned United Birthparents,  Connecticut Alliance for Foster and Adoptive Families, National Association of Social Workers-CT Chapter, New Jersey Coalition for Adoption Reform, Family and Children’s Agency, National Center for Adoption and Permanency

Opposition:  Catholic Charities-Hartford; Connecticut Department of Health (concerned with cost of implementation)

Public Hearing Testimony

Bill History and Actions:

  • March 2, 2018: Referred to Joint Committee on the Judiciary
  • March 9, 2018:  Public hearing before Judiciary
  • April 4. 2018: Passes out of Joint Judiciary Committee, 24-16
  • December 31, 2018:  No action; presumed dead

Bastard Nation Actions:

Documents of Interest:

Bill would allow adoptees access to birth certificates. Milford Mirror, March 20, 2018. (Bastard Nation and Exe Chair Marley Greiner quoted)

FLORIDA

 

(1)  HB 357 bill page

(held over from 2017 session; number remains same)

HB357 (companion SB576) is a poorly written confusing bill, as is Florida’s current OBC access law. Most confusing is the pre-1977 current law and the effect the bill will or won’t have on pre-1977s adoptees.  Currently, in theory, these adoptees have unrestricted access to their OBC due to a 1976 court case, but no specific legislation freeing up those certificates has been enacted As a result, due to misunderstandings and vague language some pre-1977s have received their OBCs and others have not even when they receive a court order.   HB 357 divides access into three sections.

  • Pre-July 1, 1977s adoptions: Currently, in theory, Florida adoptees whose adoptions were finalized before June 30, 1977 have unrestricted access to their OBC, a right they have held for decades. No specific legislation, however, was enacted to authorize that release. As a result, due to misunderstanding and misapplication of law, some pre-1977s adoptees receive their OBCs, but many others are routinely denied access. In some cases, the Department of Health has refused to comply, even when a  lawfully issued court order has been issued, thus, forcing adoptees to  sue the state to enforce court orders to a document that t is rightfully theirs. HB357/SB576 does not cover these circumstances. It appears, in fact, that under HB357/SB576 pre-1977 OBCs would remain held hostage to current ambiguous and confusing Florida release practice and the whim of bureaucrats. They would receive no relief. That is, it is likely that the current pre-1977 system and its misuse, will remain in place.
  •  July 1, 1977- June 30, 2018 adoptions: OBCs would be released to adoptees 40 years after adoption finalization. An OBC can be released earlier if the birthparent(s) listed on it is deceased or can reasonably be presumed to be deceased; an adoptee provides written evidence of knowledge of the birthparent(s) name that appears on the OBC; the adoptee receives a court order for release. Although the bill does not include a Disclosure Veto or similar restrictions, it does prescribe “contact preference” and medical history forms for birthparents to submit to the state voluntarily. We expect that if the legislative process moves forward that restrictions such as Disclosure Vetoes, or white-outs will be added to the bill making it even more restrictive and anti-equality.
  •  July 1, 2018-beyond adoptions:  OBCs would be released to adoptees upon request, with no restriction, at the age of 18.

Please read Greg Luce’s analyses linked under Documents of Interest for a detailed analysis

Original Filed Version

Initial Sponsors:   Stark

Submitting group: sponsor

Opposition:  
Access Rhode Island
Adoptee Rights Campaign
Adoptee Rights Law Center
Adoption Rights Alliance (Ireland)/The Philomena Project
ALARM Network
American Adoption Congress
Banished Babies of Ireland
Bastard Nation: The Adoptee Rights Organization
California Open
Canada Open
Concerned United Birthparents
Donaldson Adoption Institute
Equal Access Oklahoma
Equality for Adoptees
FAIR – Florida Adoption Initiative Reform
Indiana Open Access
Michigan Open Access
Minnesota Coalition for Adoption Reform
Missouri Open
NAKASEC
National Center on Adoption and Permanency
Nevada Open
New York State Adoptee Equality
Open Adoption Records in Quebec
PACER
Saving Our Sisters
Trace Hentz

Support:

  • Occupy  Adoption Florida, FLAIR (both FB groups)

Bill History and Actions

  • October 17, 2017:  filed
  • October 26, 2017:  Referred to Health Quality Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee
  • January 9, 2018:  Introduced
  • March 10, 2018:  Indefinitely postponed; withdrawn for consideration. Died in Committee

Bastard Nation Actions

Documents of Interest

******

(2)  SB 576 bill page

(held over from 2017 session; number remains same)

See HB 357 for details (Companion to HB 357)

Original Filed Version

Initial Sponsors:  Baxley, Perry, Stewart, Broxon

Submitting group: sponsor

Opposition:
Access Rhode Island
Adoptee Rights Campaign
Adoptee Rights Law Center
Adoption Rights Alliance (Ireland)/The Philomena Project
ALARM Network
American Adoption Congress
Banished Babies of Ireland
Bastard Nation: The Adoptee Rights Organization
California Open
Canada Open
Concerned United Birthparents
Donaldson Adoption Institute
Equal Access Oklahoma
Equality for Adoptees
FAIR – Florida Adoption Initiative Reform
Indiana Open Access
Michigan Open Access
Minnesota Coalition for Adoption Reform
Missouri Open
NAKASEC
National Center on Adoption and Permanency
Nevada Open
New York State Adoptee Equality
Open Adoption Records in Quebec
PACER
Saving Our Sisters
Trace Hentz

Support:  Occupy Adoption Florida, FLAIR (both FB groups)

Bill History and Actions

  • October 20, 2017:  filed
  • November 2, 2017: Referred to Health Policy; Appropriations Subcommittee on Health and Human Services; Appropriations
  • January 9. 2018:  1st reading
  • March 10, 2018:  Indefinitely postponed; withdrawn for consideration. Died in Committee

Documents of Interest

Bastard Nation Actions

******

(3)  B821 bill page

(held over from 2017 session; number remains same)

Companion to SB 1250

The unrestricted release of a non-redacted, the non- certified copy of the original birth certificate to Florida adoptees age 18 and over, to descendants if adoptees are deceased. or other lawful representatives. Contains a genuine voluntary CPF with a medical form.  OBC to be released 90 days after receipt of application.

Original Filed Version

Initial Sponsors:    Stark, Russell

Submitting group: sponsor

Opposition:  

Support:

Bill History and Actions

  • November 28, 2017:  filed
  • January 9, 2018:  1st reading
  • March 10, 2018:  Indefinitely postponed; withdrawn for consideration. Died in Committee

Documents of Interest

  • See “documents” for HB 357 and SB 576

Bastard Nation Actions

******

 (4)  SB 1250 bill page

Companion to SB 1250

Original Filed Version

Initial Sponsors:    Taddeo

Submitting group: sponsor

Opposition:  

Support:

Bill History and Actions

  • November 28, 2017:  filed
  • January 11. 2018  1st reading referred to Health Policy; Appropriations Subcommittee on Health and Human Services; Appropriations
  • March 10, 2018:  Indefinitely postponed; withdrawn for consideration. Died in Committee

Documents of Interest

  • See “documents” for HB 357 and SB 576

Bastard Nation Actions

IOWA

HF 2157 bill page

Bill History and Actions

  • January 31, 2018:  Introduced; referred to House Government Committee
  • December 31, 2018: No action; presumed dead

Initial Sponsors:  Wessel-Kroeschell

Submitting Organization: Iowa Adoptee and Family Coalition (not affiliated with Bastard Nation)

Bastard Nation Actions

Documents of Interest

Notes 

 

LOUISIANA

SB 392 bill  page

SB392 links the release of an original birth certificate to use of the Louisiana voluntary adoption registry. Release of the OBC requires consent of a birthparent, and redaction of information is required if any birthparent objects to release. The bill also calls for a national awareness campaign and appears to give birth siblings the power to prohibit release of the OBC.

Original Filed Version

Digest (the difference between current law and proposed changes)

Initial Sponsor:  Carter

Support:

Opposition:  Bastard nation, Adoptee Rights Law Center,

Bill History and Actions:

  • March 1, 2018:  prefiled in Senate
  • March 12, 2018:  Introduced; 2nd reading. referred to Committee on  Judiciary
  • ND:  Deferred; may come back

 

MASSACHUSETTS

 

Current Massachusetts law allows adoptees to access their original birth certificates without condition at age 18 if they were adopted on or before July 17, 1974, or on or after January 1, 2008.    Identical bills were introduced to close that black hole, and allow all Massachusetts,  adoptees 18 and over to access with no conditions, their OBC upon request.

Similar clean companion bills were carried over from 2015 to 2016 and reported favorably out of the Joint Committee on Public Health.  Speaker DeLeo’s refused to bring H4307  to the House floor for a vote.  Bastard Nation supported and lobbied this effort. See 2016 BN Leg page for more information.

Companion bills S1195 and H1163 have been carried over from the 2017 session

(1)      S 1195 bill page

Original Filed Version

Initial Sponsor:  Eldridge

Bill History and Actions

  • January 23, 2017: Introduced; referred to Joint Committee on Public Health
  • May 16, 2017, 1:00 PM: Hearing scheduled before Joint Committee; testimony heard and submitted
  • May 30, 2017:  Accompanied  H 1163
  • December 31, 2018: No action in committee; presumed dead

Documents of Interest

Bastard Nation Actions

Notes

(2) H 1163 bill page 

Original Filed Version

Initial Sponsors:Galballery,  Hogan

Bill History and Actions

  • January 23,  2017:  introduced, referred to Joint Committee on Public Health
  • May 16, 2017, 1:00 PM: Hearing scheduled before Joint Committee; testimony heard and submitted
  • May 30, 2017:  Passed out of committee; referred to House Committee on Steering. Policy and Scheduling.
  • June 23, 2017: Committee reported that matter be placed in the Orders of the Day for next sitting; Rules Suspended. 2nd read and order for 3rd reading.  No vote taken.
  • December 31, 2018: No action in committee; presumed dead

Documents of interest

Bastard Nation Actions

Submitting group for both bills :  OBC for MA (not affiliated with Bastard Nation)

MICHIGAN

Michigan has two access related bills; both are “Mother, May I?”requiring a Disclosure Veto  to not have been filed 

H4864 bill page

(held over from 2017 session. number remains same)

Initial Sponsor:  Koslowski

Submitting Group:

Support:

Opposition:  Bastard Nation, Michigan Open

Bill History and Actions

  • August 16, 2017:  Introduced. first read, referred to Committee on Families, Children and Seniors
  • December 31, 2018: No action in committee; presumed dead

******

H4865 bill page

(held over from 2017 session; number remains same)

H4865n as filed

Initial Sponsor:  Kowslowski

Submitting Group:

Support:

Opposition:  Bastard Nation; Michigan Open

Bill History and Actions

  • August 16, 2017:  Introduced. first read, referred to House Committee on Families, Children and Seniors
  • December 31, 2018: No action in committee; presumed de

MINNESOTA

SF 1284  bill page

(carried over from 2017 session; number remains same)

Bill as filed

SF 1284 is a re-boot of a bill from last session that permits Minnesota Adoptees who have received a Disclosure Veto the right to appeal. The bill maintains the DV option. (See 2016 BN Leg page for more information)

  • Many Minnesota-born adult adoptees would be able to receive their original birth certificates by request from Minnesota Department of Health Vital Records.
  • Those whose birthparents have denied access to the OBC via DV  would be provided due process rights to appeal the denial through court proceedings.
  • Birthparents continue to have the DV option; current DVs remain in place
  • Birthparents will be able to state their preference for contact (“Yes, I would like contact”, “No, I do not want contact”, or “Yes I want contact, but through an intermediary.”)

Bill History and Actions

  • February 22, 2017: Introduced in Senate; 1st reading. Referred to Senate Human Services and Reform Finance Committee
  • March 31, 2017:  According to MCAR bill failed deadline to get out of committee; can return for 2018 session.
  • DEAD. Not moved on.

Initial Sponsor: Sen. Matt Little, Sen Ann H. Rest,  Sen. Jim Carlson

Bastard Nation Actions

Documents of Interest

HF 2030 bill page

(carried over from 2017 session; number remains same)

Companion bill to SF 1284 (see above for details)

Bill as filed

Bill History and Actions

  • March 2, , 2017: Introduced in House; 1st reading. Referred to House Human Services Reform  Committee
  • March 31, 2017:  According to MCAR bill failed deadline to get out of committee; can return for 2018 session.

Initial Sponsor:  Rep. Maye Quade

Bastard Nation Actions

Documents of Interest

Notes

Submitting Organization for both bills: Minnesota Coalition for Adoption Reform (not affiliated with Bastard Nation)

MISSISSIPPI

SB 2885 page

Would allow adoptee access to a certified copy of the OBC clearly marked “canceled and revised” for those  born in Mississippi 40 years following an adoption and the issuance of an amended birth certificate.

Orginal Filed Version

Initial Sponsor:  Watson

Submitting Group:  by request

Bill History and Actions:

Introduced; Referred to Judiciary Committee A

  • January 15, 2018:  Referred To Judiciary Committee, Division A
  • January 30, 2018:  Died in committee

 MISSOURI

Rep. Don Phillips. sponsors of last year’s horribly deformed “OBC access” bill has introduced two bills this session to make matters more confusing. We have published the official state summary  below followed by our analysis then  a link to Greg Luce’s explanation

(1)  HB 1713 Bill Page

Original Filed Version

Summary:  (taken from Missouri Legislative page ) This bill allows a birth parent or adoptee to request a contact preference form that will accompany the birth certificate of an adopted person. Currently, only a birth parent may request the form. A contact preference form states whether the birth parent or adoptee would like to be contacted. A birth parent may also request a medical history form to provide medical history to an adoptee.If one birth parent indicates that he or she would prefer not to be contacted, then his or her identifying information will be redacted from the adoptee’s birth certificate and from the medical history form. The bill allows this information to be redacted for one year from the date of relinquishment. If an adopted person is deceased, his or her descendants have the right to obtain a copy of the adoptee’s birth certificate, contact form, and medical history form.

Analysis:  (Bastard Nation):  
*Changes redaction period to parent(s) sign the DV at relinquishment and the DV is effective up to the one year after being signed. The result is a minor, who is unable to obtain the OBC on their own, is given a redaction that expires one year after it was signed.
*Creates a DV (misnamed a CPF) loop where the adoptee fills out and would receive back the DV (misnamed a CPF) stating the OBC can or cannot received by the first parent(s) even though neither the law nor the bill allow first parent OBC access.
*Allows the adoptee’s descendants access if a DV is not on file.

Initial Sponsor: Phillips

Submitting Organization:

Bill History and Actions:

  • December 20, 2017:  Pre-filed
  • January 3, 2018:  1st, read
  • January 4, 2018:  2nd read
  • January 24, 2918: Referred to Special Committee to Improve the care and Well-Being of Young People
  • February 12, 2018:  Public hearing
  • February 19, 2018:  Executive Session completed. HSC voted Do Pass
  • March 13, 2018:  3rd reading; House voted Do Pass
  • March 15, 2018:  2nd reading’ referred to Senate Committee on Seniors, Families, and Children
  • March 28, 2018:  Public hearing held in Senate Committee on Seniors, Families, and Children

Bastard Nation Actions:  See Missouri State Page

******

HB 1714 Bill Page

Original Filed Version

Summary:  (taken from Missouri Legislative page):   This bill gives a biological parent, biological grandparent, or adult sibling of an adopted adult the ability to make a written request to the court to disclose information identifying the adopted adult’s biological parents. Currently, only the adopted adult or the adopted adult’s lineal descendants could make such request.If the court is unable to notify a biological parent within three months, the biological parent’s identifying information will be disclosed. If the court is able to notify the biological parent within three months or if the biological parent is deceased, the court shall disclose the biological parent’s identifying information, including copies of all documents in the adoption file and any personal items or correspondence, as long as the other the biological parent is unknown, cannot be notified, is deceased, or has filed an affidavit authorizing the release of identify.

Bastard Nation Analysis:  The bills seeks to include first parents ability to receive identifying information: names and most recent contact information. The bill also changes Registry procedure to allow the identifying information to be released if the first parent(s) cannot be found after 3 months,

Initial Sponsor: Phillips

Submitting Organization:

Bill History and Actions:

  • December 20, 2017:  Pre-filed
  • January 3, 2018:  1st read
  • January 4, 2018:  2nd read
  • January 24, 2918: Referred to Special Committee to Improve the care and Well-Being of Young People
  • February 12, 2018:  Public hearing
  • February 19, 2018:  Executive Session completed. HSC voted Do Pass
  • March 13, 2018:  3rd read, House votes Do Pass ; reported to Senate
  • March 15, 2018:  referred to Senate Committee on Seniors. Families, and Children; 1st reading

Bastard Nation Actions:  See Missouri State Page

Documents of Interest for all Missouri  Legislation

What the Missouri is going on? Greg Luce, Adoptee Rights Law Center, January 5, 2018

 NEW YORK

 S 5169b bill page  (amended same as  A06821a)

See New York State Page for details

(held over and renumbered from 2017 session.

The unrestricted release of a non-redacted, the non- certified copy of the original birth certificate to New York adoptees age 18 and over, to descendants if adoptees are deceased. or other lawful representatives. OBC to be released 45 days after receipt of application.

Original Filed Version

Initial Sponsor:  Avella

Submitting organization:  sponsor

Support:  New York Adoptee Rights Coalition, American Adoption Congress, Bastard Nation. New York Adoption Equality

Oppose:

Bill History and Actions

  • March 3, 2017:  Introduced; referred to Senate Children and Families Committee
  • May 2, 2017:  Amended and re-committed to Senate Children’s and Families Committee as S 4845A
  • January 3, 2018:  Referred to Senate Health Committee

Documents of Interest:  See 2017 for other documents

Bastard Nation Actions

******

(2)  A 6821 a bill page  (Same as S 05169)

(held over and renumbered from 2017 session)

The unrestricted release of a non-redacted, the non- certified copy of the original birth certificate to New York adoptees age 18 and over, to descendants if adoptees are deceased. or other lawful representatives. OBC to be released 45 days after receipt of application.

Original Filed Version

Bill History and Actions

  • January 3, 2017:  referred to House Health Committee
  • March 21, 2017:  Referred toHouse Health Committee
  • April 5, 2017:  Recommitted to House Health Committee
  • January 3, 2018:  Referred to House Health Committee

Initial Sponsor: Weprin

Submitting Organization:  sponsor

Bastard Nation Actions

New York Documents of Interest:   See 2017 for other documents

******

 

NORTH CAROLINA

HB 823 bill page

Carried over from 2017 session; bill number remains same

North Carolina, in an attempt to take the 2017 prize for most insulting an degrading “access bill,”  has submitted HB 823.  The bill authorizes OBC access to adoptees over the age of 40 who can prove the name of birthparent(s).

Bill History and Actions

  • April 11, 2017:  filed
  • April 13, 2017:   passed first reading; referred to House Judiciary Committee
  • April 27, 2017:  passed second and third reading; passed House vote 113-0
  • April 27, 2017: Sent to Senate’  Passed first reading; referred to Senate Committee on Rules and Operations; pfresumed dead
  • Deember 31, 2018: No action in Senate

Initial Sponsors: Rep, Pat Hurley, Faircloth, Harrison

Submitting group:  sponsor

Documents of interest

Bastard Nation Actions

Notes:

SOUTH CAROLINA

H3775 bill page  

Restores the right of OBC and evidence of adoption or paternity determination access to persons  born in South Carolina  21 and over, It includes a voluntary CPF and provides for the submission of a voluntary birthparent medical history. The bill takes effect for adoptions finalized after June 30, 2017 on January 1, 2018. and takes effect for adoptions finalized before July 1, 2017 on January 1, 2019.

Bill as filed

Initial Sponsor: Reps. Knight, Delleney, Cobb-Hunter, Felder, J.E. Smith, Simrill, Douglas, West, Wheeler, Thigpen, Williams, McEachern, Johnson, Pitts, Ridgeway, Rutherford, Henegan and Collins

Submitting Organization:

Bill History and Actions

  • February 16, 2017: Introduced; 1st reading; referred to Committee on Medical, Military, Public, and Municipal Affairs
  • April 18, 2017, 2:30 PM, 425 Blatt Building   Hearing scheduled before Committee on Medical, Public, and Municipal Affairs (No outcome found)
  • March 20, 2018:  Hearing scheduled before  Committee on Medical, Public, and Municipal Affairs

Documents of Interest

Bastard Nation Actions

Notes

 REGISTRY BILLS


GEORGIA
Georgia is rehauling its adoption procedural laws. HB 159 is a Registry bill lowers the age to receive Identifying Information from 21 to 18.

Bill link:http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/159

HB 159 (Reeves)  Actions
 1/26/2017 Submitted

1/30/2017 House First Read

1/31/2017 House Second Read

2/16/2017 House Committee Favorably Reported by Substitute

2/24/2017 House Passed/Adopted by Substitute (Yay 165, No 0, NV 4, Excused 11)

2/27/2017 Senate First Read and Referred

3/20/2017 Senate Committee Favorably Reported, and Senate Second Read

3/22/2017 Senate recommitted

1/11/2018 Senate Committee Favorably Reported by Substitute

SAFE HAVEN/BABY BOXES

 

FEDERAL

Federal
Adoptee Citizenship Act– The bill seeks to provide U.S. intercountry adoptees their citizenship which should have been automatically bestowed upon adoption and wasn’t. Contact your congressional representatives and urge their sponsorship.

Adoptee Rights Campaign (ARC) Website: http://adopteerightscampaign.org/

ARC Facebook: https://www.facebook.com/pg/citizenshipforalladoptees/about/?

 

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