LEGISLATIVE REPORT
(as of March 1, 2005)

 

COLORADO : HB 1287 was introduced in February. The bill allows unrestricted access to their original birth certificate (OBC) for adult adoptees, their adult descendants, adult birth parents, or the legal representative of any of them. A birth parent may file a contact preference form and also voluntarily update medical information. For more information, contact Rich Uhrlaub, bballmon@aol.com or Karen Kottmeier, kizzykot@aol.com.

MINNESOTA : HF 659 would restore the right of adult adoptees to receive their OBC in Minnesota. It would honor the Affidavit of Non-Disclosure that has been in place since 1977 if the birth parent(s) can be located and confirm that no change be made in the Affidavit. The bill would replace the affidavit system with the contact preference form once the bill becomes law.

HF 659 would also connect siblings separated by adoption or foster care when those siblings reach adulthood. For more information, contact Mary Mason, mmason@mnadopt.org.

NEVADA : BDR 11-709 provides for the release of the OBC and other records to adult adoptees. It would also abolish the state registry. For more information, contact Kristie Traver, kristiemaureen@aol.com.

NEW JERSEY: S1093 passed the New Jersey Senate in December by a vote of 23-14 and is now in the Assembly. The bill would allow adopted adults, adult children of a deceased adopted adult, or the adoptive parents of a minor adoptee to receive the OBC. Birth parents who relinquished before the bill becomes law are permitted to ask Vital Statistics to delete their name and address from the OBC for a period of one year following the bill’s passage. For more information, contact Jane Nast, janenast@compuserve.com, Judy Foster, jfoster@optonline.net or Pam Hasegawa, pamgawa@optonline.net.

NEW YORK : Access to records bills are pending in the New York Legislature: A928 in the Assembly and S446 in the Senate. Each bill contains a provision for the filing of a contact preference form by birth parents. The grassroots organization, that is working to gain additional sponsors, will lobby legislators in Albany in late March. For more information, contact Joyce Bahr, unsealedinitiative@nyc.rr.com.

RHODE ISLAND: S0570 give adult adoptees born in Rhode Island the right to obtain a copy of their OBC. Birth parents have the option of filing a contact preference form. For more information, contact, contact Paul Schibbelhute, pschibbe@aol.com.

TEXAS : HB 770 provides for the release of the OBC to adult adoptees. If a birth parent files with the State registrar (a) a copy of the signed affidavit of relinquishment that promises anonymity; (2) a contact preference form stating that the birth parent prefers not to be contacted; and (3) an updated medical history, the State registrar may not release the OBC. For more information, contact Bill Betzen, bbetzen@aol.com.

 

 

2004 LEGISLATIVE REPORT
(as of July 12, 2004)

Delaware

The Delaware law has been in effect for four years. Since January 1999, 556 adult adoptees have received copies of their original birth certificates (OBC). Under the disclosure veto provisions of the bill, 16 birth parents have refused to consent to the release of information.

Minnesota

A coalition has been formed with the expectation that a bill will be introduced in 2005. The bill would make changes in the current affidavit system. Adult adoptees (age 19 or older) will receive a copy of their original birth certificates unless the birth parent signed, and still abides by, an Affidavit of Non-disclosure. If the birth parent is deceased or cannot be located, the OBC will be released. Siblings (age 19 or older), whether adopted or in foster care, will get information and help in finding one another. International adoptees will get search assistance. Prospectively, the affidavit would be replaced with a contact preference form that would not preclude adoptees from obtaining their OBC.

For more information, visit the coalition’s web site: www.adoptreform.org.

New Hampshire

SB 335 was introduced on January 8, 2004 and assigned to the Public Institutions, Health & Human Services Committee. Two amendments, both unacceptable to AAC, BN and other adoption reform groups, were attached to the bill by the Committee.

On March 11, 2004, the Senate voted down both amendments and, by a vote of 12-11, voted in favor of SB 335 in its original form. After a hearing in the House, the bill passed by a vote of 223 to 103.

On May 11, 2004, New Hampshire Governor Craig Benson let SB 335 become law without his signature. Beginning January 2, 2005, adult adoptees (age 18 and older) born in NH will be able to get copies of their OBC. Birth parents may express their preference for contact by filing a contact preference form with the Registrar of Vital Statistics.

For more information, contact Paul Schibbelhute, pschibbe@aol.com.

New Jersey

S1093 will give adult adoptees, or adult descendents of deceased adopted persons, as well as adoptive parents or guardians of minor adoptees, access to a copy of the adoptee’s long-form original birth certificate (OBC) and other related information. It allows parents who surrendered a child, in the past or in the future, to file a contact preference form. When a birth parent files a contact preference, he or she shall be asked to provide family history information.

On June 7, 2004, the NJ Senate Health, Human Services and Senior Citizens Committee voted unanimously to release a Committee Substitute for S1093/S620 to the Senate floor, where it will hopefully be posted for a vote this fall. The substitute amended S1093, which contains a contact preference form option for all birth parents, to allow birth parents who relinquished prior to the date of enactment 12 months following enactment in which to submit a request for non-disclosure to the State Registrar. This request would prohibit the Registrar from providing the birth parent’s name and address as recorded on the OBC. A birth parent requesting non-disclosure would be required to complete a medical history form and update it every 10 years until s/he reaches age 40, and every five years thereafter. If the birth parent rescinds the request for non-disclosure, information will be released to the adoptee who requested the copy of the OBC.

For more information, contact Jane Nast, janenast@compuserve.com, or Judy Foster, jfoster7@optonline.net.

New York

Bills are pending in New York that would allow adopted adults to obtain copies of their original birth certificates. Birth parents may file contact preference forms. The bills are A. 6238-A and S. 2631-A. The New York coalition lobbied at the State Capitol in Albany in March; they will lobby legislators in their district officers over the summer and fall 2004.

On June 15, 2004, Assemblywoman Helene Weinstein, head of the Judiciary Committee to which A.6238 was assigned, tabled the bill rather than bring it up for discussion. On the advice of Assemblyman Stringer, prime sponsor of the bill, the coalition is working to increase the number of sponsors on the bill. The goal is to increase the number from 26 to 76.

For more information about the bills, contact Fred Greenman, ffgreenman@aol.com, or Joyce Bahr, unsealedinitiative@webtv.net.


Nevada

SB 267, which would grant adult adoptees access to their original birth certificates and all other files pertaining to their adoption, was introduced during the 2003 legislative session. The topic was referred to the Interim Committee on Children, Youth and Families for further discussion between legislative sessions.

During 2003, AB28 was also introduced. This bill would have made post-adoption contact agreements binding and enforceable, but it too was referred to the Interim Committee for further study.

The Chair of the Interim Committee established an Adoption Sub-committee to study both matters. Following public testimony in March, the sub-committee provided recommendations to the full committee. Expectations are that new bills will be introduced in 2005, either by the Interim Committee or through individual sponsors.

For more information, contact Kristie Traver, KristieMaureen@aol.com.


Oregon

In Oregon, where the law took effect on May 30, 2000, 7,687 original birth certificates have been released as of January 2004. Contact preference forms have been filed by 463 birth parents as follows: 354 desire direct contact; 28 want contact through an intermediary; and 81 have requested no contact.

Tennessee

In July 1995 the Legislature passed a bill that allowed adoptees born and adopted before 1951 to receive a copy of their adoption records (agency records, court records, foster care and/or orphanage records, parental termination records), including their original birth certificate. The second phase of the legislation, scheduled to go into effect in July 1996, was delayed for three years due to lawsuits filed to prevent its enactment. In September 1999 the process to release post-1951 adoption records began. Under the 1996 portion of the law, birth parents are permitted to file a contact veto, which has no impact on the release of records. Also, if a birth parent does file a contact veto, the adoptee may request contact with birth grandparents or birth siblings, including those born after the adoptee’s adoption placement.

Under the Tennessee law, a birth parent may also request the release of records and contact; but the adoptee has the right to veto both.

 

 

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