AB 372

Bill Subjects

Abstract

Existing law requires that a court report of adoption be filed with the original record of birth and that these records remain a part of the records of the State Registrar. Existing law provides that vital records related to adoptions, other than a newly issued birth certificate, shall be available only upon the order of the superior court of the county of residence of the adopted child or of the county granting the order of adoption. The order shall not be granted unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for granting the order. This bill would require, in a case of medical necessity regarding a serious health condition, as defined, of an adopted person, that the superior court, upon petition, order the State Registrar to provide a copy of the original and unredacted birth certificate of the adoptee to that adoptee, his or her parent or guardian if the adoptee is a minor, or another person who is legally authorized to make decisions regarding health care for the adoptee. The bill would also require, on and after January 1, 2010, the State Registrar to provide, upon receiving a request from an adoptee if the adoption proceedings were completed prior to that date or, with respect to a child who is the subject of adoption proceedings completed on or after January 1, 2010, upon receiving notice that those proceedings are completed, a copy of the original and unredacted birth certificate of an adoptee to that adoptee when the adoptee attains at least 25 years of age, unless a birth parent who is listed on the certificate requests, on a form provided by the State Registrar, that the State Registrar not provide that copy to the adoptee, as specified. The bill would enact different procedures in regard to the notification provided to the birth parent, depending upon whether adoption proceedings for the child were completed prior to, or on or after, January 1, 2010, as specified. The bill would also require that the birth parent of a child for whom adoption proceedings were completed on or after January 1, 2010, who initially signs the form requesting that the State Registrar not provide a copy of the birth certificate to the adoptee, be provided with a second form affording the opportunity to revoke that request, as specified. Notwithstanding these provisions, if the adoptee is 25 years of age or older and both birth parents listed on the adoptee's birth certificate are deceased, as specified, the bill would require the State Registrar to immediately provide a copy of the original and unredacted birth certificate to the adoptee upon request of the adoptee. The bill would require the State Registrar to develop and adopt the forms necessary to implement these provisions. The bill would authorize, only until January 1, 2035, the Office of Vital Records to assess a fee for providing services pursuant to the provisions described above, not to exceed the administrative costs of providing those services.