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Current Legislation (2014)

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2014  OBC ACCESS LEGISLATION

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

Tracking may include records bills not directly related to OBCs.

Click on state heading to go to bill site.

Additions and corrections welcome!

NEW!  CALIFORNIA– AB 2118 [1]

Information up shortly

Bastard Nation is a partner with CalOpen [2] which opposes this bill and  is working to amend or kill  it.

Note from CalOpen :  This is not a clean bill. It will not ensure equal treatment under the law for adopted citizens. It will still require that adopted persons go through the court system in order to request an original birth certificate. A judge can still deny the request. Even if the request is granted, the judge can order that any documents have identifying information about the first parents “whited out” before the adoptee be given access them.

CONNECTICUT–Raised Bill 5144 [3]

Description: To provide adult adopted persons, twenty-one years of age or older, access to their biological parents’ health information and information in the person’s original birth certificate or record.  NOTE:  This is a bill-in-progress and changes are expected to be made.  Until the bill if finalized we won’t have a genuine description.

Clean bill AMENDED to restricted:   House Bill 5144 requires, beginning July 1, 2015, the Department of Public Health to give adult adoptees whose adoptions were finalized on or after October 1, 1983, an uncertified copy of their original birth certificate on request; creates a voluntary procedure for biological parents to complete a contact preference form indicating whether they want to be contacted by their adopted adult offspring; and requires DPH, when issuing an original birth certificate, to provide a notice stating that these completed forms, as well as the biological parents’ completed health history forms, may be on file with the Department of Children and Families.

According to Access Connecticut: [4]  About 24,000 adoptees out of the state’s 61,000 adopttes (starting in 2015)  will be eligible for access.  36,000 are left behind.

READ:   [5]Public hearing testimony [5]

 

COLORADO   14-051 [6]

Description: Re-write state’s confusing multi-tiered OBC access system replacing it with access for all at the age of 18 EXCEPT for those who are subject to an already-on-file disclosure veto, which by law cannot be removed by the state

Restricted due to previous compromises that cannot be undone.

 

COLORADO 14-1042 [7]  [7]     Birthparent access bill.

Description:  Requires  custodian of records relating to the relinquishment of a child provide the following records to the child’s birthparent at the time of relinquishment or at the time the document is created:

If relinquishment records were not provided to a birth parent at the time of the relinquishment of the child or at the time the document was created and the subsequent termination of the parent-child legal relationship was not the result of a dependency and neglect action, then upon written request of the birth parent and proof of identification, the custodian of the records shall provide access to and copies of such records to the birth parent, including all documents that the birth parent signed or on which the birth parent is named.


GEORGIA  HB524 [8]— Carry-over from 2013 session

Description:  INTRODUCED: unrestricted access for all adoptees 18 and older; contact preference form/  AMENDED:  Disclosure veto.

See Bastard Nation Testimony/Letter in support of HB 524 as introduced; opposition to Welch Amendment [9].

 

IOWA  HF2315 [10]

Description:  Unrestricted access at age 18; CPF

 

LOUISIANA– HB1028 [11] (HB921 has been withdrawn)

(From bill digest [12])  Description: Abstract: Provides an adoptee, age 25 and older, access to a noncertified copy of his original birth certificate, and authorizes a birth parent to file a contact preference form with the voluntary registry.

Present law (Ch.C. Art. 1271) provides procedures for registration with the voluntary adoption registry.
Proposed law retains present law and requires the office of children and family services to
develop and furnish a contact preference form. Further requires a birth parent who files a
preference form indicating “No Contact” to submit an updated statement of family history form to the registry. Allows a birth parent to prohibit the release of identifying information on a birth certificate, contact preference form, and updated statement of family history.

Present law (Ch.C. Art. 1272) provides procedures for matching registrants, including notice and mandatory counseling.
Proposed law retains present law and requires the office of children and family services to
provide a copy of a contact preference form and updated statement of family history, if available, to the adoptee when an adoptee and birth parent have been matched.
Proposed law (Ch.C. Art. 1272.1) requires the department to make reasonable efforts to inform the public of the voluntary registry, that an adoptee who is 25 years old or older may obtain a noncertified copy of his original birth certificate, that the birth parent of an adoptee may file a contact preference form with the registry, that a birth parent may prohibit the release of identifying information, and that a birth parent electing “No Contact” is required to submit an updated statement of medical history.

Present law (R.S. 40:39.1) authorizes the state registrar of vital records to promulgate rules to implement the issuance of certified copies of birth certificates and death certificates and provides certain procedures.
Proposed law retains present law and adds noncertified copies of birth certificates to this list of documents.

Present law (R.S. 40:41) restricts disclosure of certain records in the custody of the state registrar, including confidential birth information that may disclose whether a child was born of or outside of marriage.

Proposed law retains present law but ccreates an exception for original birth certificates provided pursuant to R.S. 40:80.

Present law (R.S. 40:73) provides procedures for providing adoptive parents with a new record and requires the original birth certificate to be sealed with other documents related to the adoption. Further restricts opening the sealed package only upon order of a competent court after a showing of compelling reasons.
Proposed law retains present law except it deletes the requirement that an order of the court is the only method by which a sealed package can be opened.

Present law (R.S. 40:77) provides procedures for providing adoptive parents with a new record and requires the original birth certificate to be sealed with other documents related to the adoption. Further restricts opening the sealed package only upon order of a competent court after a showing of compelling reasons.
Proposed law retains present law except it deletes the requirement that an order of the court is the only method by which a sealed package can be opened.

Present law (R.S. 40:79) provides for records of adoption decrees and requires the original birth certificate to be sealed by the state registrar with the certificate of the adoption decree. Further restricts opening the sealed package only upon order of a competent court.
Proposed law retains present law but expands restriction to allow a sealed package to be opened upon the application of an adoptee 25 years old or older who has requested a noncertified original birth certificate.
Proposed law (R.S. 40:80) requires the state registrar to issue a noncertified copy of an original birth certificate and statement of family history to an adoptee who is 25 years old or older upon the adoptee’s written application and requires the state registrar to redact any identifying information from the noncertified copy if a birth parent has prohibited the release of any identifying information.

Effective upon signature by governor or lapse of time for gubernatorial action

Bastard Nation Action Alert, April 22, 2014 [14]

Bastard Nation Letter to Louisiana Senate Judiciary Committee, April 24, 2014: Kill HB 1028 [15]

 

 MINNESOTA HB 2440 [16]

Description:  Restricted access at age 18

As of 2008, more than 1200 affidavits of non-disclosure were on file in Minnesota.

 

MISSOURI  SB685 [17]

(Apparently this bill has not come from any adoptee rights/adoption reform group in the state though it seems to have support from so-called reform groups)

Description:  Restrictive access

 

NEW JERSEY    [18]S873 [19]: “Restore Adoptee Access Bill”

Last session’s : S2814    (see BN’s Current Legislation 2013 for details.)  Same as this session’s A4253

(link goes to general leg. search page; type in bill #)

To listen to any committee hearing or voting session of the NJ Legislature and its committees, go to www.njleg.state.nj.us [20]  In the middle of the home page, you’ll see a photograph of one of the chambers.  To the right of the photograph are 2 links:  one for live proceedings and one for archived proceedings.  Choose the appropriate link depending on when you want to listen.
Description:  unrestricted access at 18; contact preference form; required medical and social history form if  CPF is filed

READ:  BN Commentary:  New Jersey.  When is OBC Access Not?  When Does a Right Deny itself? [21]

 

NEW JERSEY A1259 [22]: “Restore Adoptee Access Bill”

Last session’s : A4253   (see BN’s Current Legislation 2013 for details.)  Same as this session’s  S873 (ABOVE)

(link goes to general leg. search page; type in bill #)

 To listen to any committee hearing or voting session of the NJ Legislature and its committees, go to www.njleg.state.nj.us [20]  In the middle of the home page, you’ll see a photograph of one of the chambers.  To the right of the photograph are 2 links:  one for live proceedings and one for archived proceedings.  Choose the appropriate link depending on when you want to listen.

Description:  unrestricted access at 18, contact preference form; required medical and social history form if  CPF is filed.

READ:  BN Commentary:  New Jersey.  When is OBC Access Not?  When Does a Right Deny itself? [21]

 

NEW YORK   A909  (Companion to  S2490)–  Carry-over from 2013 session

A909a [23]  amended bill (see below)

Both bills were deformed late in the legislative session gutting rights and turning a clean bill into an anti-adoptee/rights bill.  BN LegCom members Christopher Philipo who followed the deformation describes the “amended bills”:

…. adoptees could apply to the Department of Health for their original birth certificate (identifying their parents at birth) just like any non-adopted person can do, and just as adoptees in real adoptee rights states and nations can do.  NY’s anti-adoptee rights bill would have the adoptee apply instead to a court and the court would contact the biological parents who could then prevent the release of the birth certificate.  That would treat adoptees radically differently and it pathologizes and infantilizes adoptees as dangerous and as eternal children who always need their parents’ permission.  Incredibly, the court may even hold that the release of an original birth certificate may be “clearly detrimental” even to the adoptive parents.
 
The permission of the parents would even be needed, apparently, in cases of open adoptions, adoptions of adults, intrafamilial adoptions, and cases where the biological parents’ rights were terminated (e.g. due to physical or sexual abuse).  It also flat out contradicts N.Y. DOM. REL. LAW § 117 (1) (a) “After the making of an order of adoption the birth parents of the adoptive child […] shall have no rights over such adoptive child”  Have the sponsors really thought that through?
Amended bill(s) were not hard in the Codes Committee the last day of the legislative session; therefore were not heard on othe floor before the close of the session.

Description:  Unrestricted access (original)

 

 

NEW YORK   S2490A [25]  (Companion to A909)–Carry-over from 2013 session

Description:   Unrestricted access (original)

S2490 [26]B restricted (see above)

 PENNSYLVANIA   HB162- [27]-Carry-over from 2013 session

Description:  Unrestricted access

Watch

Read:

 

UpdatedMay 31  2014

 

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