LegWatch - Spring 2000

Alabama

 

AWARE is currently working on true open records legislation that would allow an adult adoptee born in Alabama, age 19 or older unconditional access to their original birth certificate.  The bill is slated for the 2000 Alabama legislative session.  For more information on how you can help, contact AWARE at david_ansardi@mindspring.com  and visit the AWARE website at aware.freehosting.net

 

 

Colorado

HB 1336 seeks to define which relatives of an adoptee can obtain access to records, can access records through a CI, or initiate a CI search depending on date of adoption.  HB 1336 specifies that certain relatives are required to have written consent of the adoptee in order to take such actions.  This bill would require a biological grandparent to have written consent of the biological parent in order to access records, access records through a CI, or initiate a CI search, unless the biological parent is deceased, and would allow an adult descendent of an adoptee to access adoption records, depending on when adoption was finalized.  In addition, the bill would restrict the release of biological parent identifying information to the consenting parent only, if the other biological parent has not consented.   Furthermore, it would allow a birthparent to place a written statement with the child placement agency that identifying information should remain confidential (current law provides for a statement to be placed in court records) and it would allow for a child placement agency to undertake CI searches.

 

HB 1336 was passed out of the House on 2/22/00, and introduced in the Senate where it was referred to the Committee on State, Veterans, & Military Affairs

 

Read the bill at: http://www.leg.state.co.us/inetcbill.nsf/fsbillcont/A024EDD51E844E4E872568650058F7D6?Open&file=1336_ren.pdf

 

Connecticut

 

RB 5764 was introduced by the Human Services Committee and had a public hearing on 3/9/00.  Under the provisions of this bill, if parental rights were terminated before 10/1/77 and after the effective date of this bill, the bill provides for access to one's original birth certificate and identifying information in possession of a child placing agency or the Department of Children, upon request.  If parental rights were terminated after 10/1/77 and before the effective date of this bill, the bill provides for access to original birth certificate and identifying information in possession of a child placing agency or the Department of Children upon court order only.  In addition, notice will be sent to the biological parent that a request has been made, and that the information will be released unless the birthparent files an objection within 20 days of notice.  RB 5764 establishes a registry for birthparents to receive notice of a request for identifying information.

 

Read the Bastard Nation Action Alert on RB5764 at:

..alert/ct-alert.html

 

Iowa

 

HF 0058 was introduced last year and died in February 2000.  The bill would have provided for access to adoption records by the biological sibling of adoptee.   The bill provided that information relating to medical and developmental histories, as well as information regarding an adopted person's existing medical, developmental and family medical history may be revealed to a biological sibling provided that both are adults (eighteen years of age or older or married) at the time the request for information is made.   The bill also allowed an adoptee to place an affidavit in the adoption records requesting that the court reveal or not reveal the adoptee’s name to a biological sibling upon request. The court would then be required to consider the affidavit in determining whether there is good cause to order the opening of an adoption record upon application by a biological sibling. The name of the adoptee would not be released until the adoptee reaches majority.

 

Read the bill at:

 http://www.legis.state.ia.us/GA/78GA/Legislation/HF/00000/HF00058/Current.html

 

Missouri

 

Missouri Open 2000, a volunteer grass roots organization of adult adoptees, adoptive parents, birth parents, and supporters has been working since Spring 1999 to present an

open records bill to the Missouri Legislature. HB 1216 was prefiled in December 1999, and would allow Missouri's adult adopted citizens, at age 18, unconditional access to their original government birth certificates. The bill amends vital records law with application procedures, filing fees and waiting periods identical to those imposed upon

non-adopted adults. HB 1216 was heard in the House's Children, Youth and Families Committee on January 26th. Four adult adoptees and two birth mothers testified in support of the bill. There was no testimony opposing the bill. HB 1216 passed out of committee 15 to 3, and is expected to be put on the calendar before going to the full house for a vote. To receive updates, please subscribe to Missouri Open 2000 list

at http://www.onelist.com, or contact Lindsay Woodside at quilter@bluevalley.net, or Judy Kennett at jkennett@nwlink.com.

 

Rhode Island

 

H7849 was introduced on February 10, 2000 and referred to the Committee on Health, Education and Welfare.   As of this writing, the bill has not been scheduled for a hearing.

 

H7849 seeks to remove the existing passive voluntary mutual consent registry and replace it with a contact veto registry.  Under this proposed registry, an adoptee would only receive an uncertified copy of their original birth certificate after signing a sworn statement that such person or persons shall not contact or attempt to contact the person/s named on the original birth certificate, until a search of the contact veto registry can be made.  If a contact veto is on file, the registrar would notify the requesting party that contact shall not be permitted with the person protected by the contact veto.  This veto automatically applies to the person’s spouse, siblings or future siblings, lineal descendants and lineal ancestors, and the spouses of those persons, unless any of them are specifically excluded in writing by the person filing, or by any to whom the veto applies.  In addition, by filing a contact veto, the state would be required to notify the person filing the veto of any requests for records that pertain to them.  Any person who believed that the veto had been violated could petition the court for injunctive relief and compensatory and punitive damages against the person who violated the contact veto.   This action can be taken for up to 3 years after the alleged contact took place. Original birth certificates would not be made available until the contact veto registry had been in place for 1 year.

 

Read the bill at:

http://www.state.ri.us/billtext/00H7849.htm

H6746:

 

H6746 was introduced on January 6, 2000 and referred to the Committee on Judiciary.  As of this writing, this bill has not been scheduled for a hearing.

 

Would allow an adoptee, age 21 or older to inspect and/or copy the public or private records relating to his or her adoption.

 

Read the bill at:

 

http://www.state.ri.us/billtext/00H6746.htm

 

South Carolina

 

In May 1999, HB 4504 was introduced in the South Carolina House of Representatives. This bill seeks to allow the agency responsible for placement to furnish the identity of an adoptee to birthparent and siblings; or the identity of a birthparent and siblings to an adoptee, if the adoptee is 21 or older. This bill does remove the existing disclosure veto system, however fails to remove a provision that would allow a court to deny the request upon show of good cause, instead seeking to make some procedural changes to it. This bill was scheduled for a hearing in January 2000. We encourage South Carolinians to contact their legislators and ask them to support a clean open records bill.

 

Update:  As of this writing, this bill has not received a hearing.

 

Wisconsin

 

A version of the Uniform Adoption Act, Assembly Bill 526 was introduced on 10/12/99. For more information on this bill please see ..alert/wi-alert.html, or the Winter ’99 BQ.

 

A hearing for this bill occurred on January 6, 2000, where it received substantial negative testimony.  To date, it has not come up for a vote.

 

Legalized Anonymous Abandonment Bills

 

Legalized anonymous abandonment is the hot, new issue that is taking state legislatures by storm.  As of this writing, at least 9 states are considering bills, and 1 state, Colorado, passed a bill.  All of the bills provide for a birth mother to drop her baby off at a designed drop center, no questions asked, and without providing any identifying or genetic information.  The child is then taken in as a foundling.

 

Please read Bastard Nation’s position paper on legalized anonymous abandonment at
..activism/legalized-abandonment.html

 

Alabama: HB430

California: AB674 & SB1368

Colorado: SB171 (passed into law)

Florida:

Georgia: SB1365

Kentucky: HB367

Minnesota: SF2615

New York:

Oklahoma: