SB 1274

Bill Subjects

Vital Records Adoptees' Birth Certificates

Abstract

Existing law prohibits an agency from disclosing personal information that would link the information to the individual unless, among other things, the information is provided to a governmental entity by law, or the disclosure is to the individual to whom the information pertains. This bill would authorize disclosure of an original birth certificate, as defined, to an adopted person, or child or grandchild of an adopted person. Existing law requires the clerk of the court to report the decree to the State Registrar within 5 days after a decree of adoption. Existing law requires the State Registrar to generate a new birth certificate when the State Registrar receives a report of adoption from a specified court or when the State Registrar receives a specified court order. Existing law requires the new birth certificate to bear certain information and be identical to the certificate issued to the natural parents, except, when requested by the adopting parents, the certificate is required to omit the facility of birth and the race and color of the parents. This bill would remove the adopted parents exception described above that required the certificate to omit the facility of birth and the race and color of the parents. Existing law authorizes the adopting parents to request an amended certificate that omits, among other things, the city and county of birth, or the color and race of the parents. This bill would repeal that authorization. Existing law makes vital records related to adoptions, other than a newly issued birth certificate, 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. Existing law prohibits the court from granting the records order 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 similarly prohibit the court from granting a records order releasing an original birth certificate. The bill would also require the State Registrar to create and make available to a birth parent a contact preference form containing certain elections that would be available for release when a request for an original birth certificate is made.