BILL NUMBER: AB 1349 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Member Pescetti
(Coauthors: Assembly Members Alquist, Leach, and Robert
Pacheco)
(Coauthor: Senator Johannessen)
FEBRUARY 23, 2001
An act to amend Section 9200 of repeal and
add Section 9200 of, and to repeal Section 9203 of, the Family
Code, and to amend Sections 102680 and 102685 of, and to repeal
and add Section 102705 of, the Health and Safety Code,
relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 1349, as amended, Pescetti. Adoption records: adult adoptees.
Existing law pertaining to adoption provides that the petition,
relinquishment or consent, agreement, order, report to the court from
any investigating agency, and any power of attorney and deposition
filed in the office of the county clerk in such a proceeding, is not
open to inspection by any person other than the parties, their
attorneys, and the State Department of Social Services, except upon
the written authority of the judge of the superior court.
This bill would revise and recast these provisions to provide
that the above-mentioned documents are not open to inspection by any
person other than the parties to the proceeding and their attorneys
or the adult adoptee, as defined, about whom the proceeding relates,
and the department, except upon the written authority of the judge of
a superior court.
The bill would require the county
court clerk , upon a notarized and written request of any
party to the proceeding or any adult adoptee about whom the
proceeding relates, or upon the order of any judge of the superior
court, to provide these records for inspection and copying
by the person who was the subject of the adoption, if he or
she is 18 years of age or older . Moreover, the bill
would require the court clerk of the county in which the decree of
adoption was issued to forward the request to the department or
licensed adoption agency, and for the department or licensed adoption
agency to forward a copy of its entire file of the subject adoption
to the court clerk within 50 working days of receiving the request.
The bill would authorize the department or licensed adoption agency
to charge the requestor a reasonable fee, not to exceed $150, as
specified .
Because this bill would impose new duties on county clerks, it
would create a state-mandated local program.
Existing law provides that all records and information, other than
a newly issued birth certificate, are available only upon the order
of the superior court of the county of residence of the adopted child
or the superior court of the county granting the order of adoption.
This bill would revise and recast these provisions to provide that
upon receipt of a written and notarized application to the Office of
Vital Records, any adopted person 18 years of age and older shall be
issued a certified copy of his or her birth certificate and decree
of adoption. The bill would require the Office of Vital Records or a
voluntary adoption registry to provide "Contact Preference Forms,"
as specified.
Existing law provides that a new birth certificate supplants any
birth certificate previously registered for the child and establishes
procedures to be followed by the state and local registrar and
county recorder in this regard.
This bill would delete the references in these provisions to new
birth certificates and instead refer to last amended birth
certificates.
Because this bill would impose new duties on court clerks and
other local officials, it would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that every person
has a right to obtain information pertaining to his or her identity
contained in court documents and other records held by the state
unless a substantial overriding state interest overcomes that
individual right, and that no overriding state interest exists that
would justify the denial of any such information that is contained in
the records of an adoption proceeding if the information is
requested by an adult who was the subject of the adoption.
SEC. 2. Section 9200 of the Family Code is amended to read:
9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the county
clerk pursuant to this part is not open to inspection by any person
other than the parties to the proceeding and their attorneys, an
adoptee who was the subject of the proceeding and the department,
except upon the written authority of the judge of the superior court.
A judge of the superior court may not authorize any person to
inspect the petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, or power of
attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the county clerk shall
not provide any documents referred to in this section for inspection
or copying to any other person, unless the name of the child's birth
parents or any information tending to identify the child's birth
parents is deleted from the documents or copies thereof.
(c) Upon the request of the adoptive parents or the child, a
county clerk may issue a certificate of adoption that states the date
and place of adoption, the child's birth date, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent, the certificate shall not state
the name of the child's birth parents.
(d) Upon written request of any party to the proceeding or from
the adoptee who was the subject of the proceeding, the county clerk
shall provide the documents referred to in this section for
inspection and copying.
(e) For the purposes of this section, "adoptee" means an adopted
person who is 18 years of age or older.
SEC. 3.
SECTION 1. Section 9200 of the Family Code is repealed.
9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the county
clerk pursuant to this part is not open to inspection by any person
other than the parties to the proceeding and their attorneys and the
department, except upon the written authority of the judge of the
superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the county clerk shall
not provide any documents referred to in this section for inspection
or copying to any other person, unless the name of the child's birth
parents or any information tending to identify the child's birth
parents is deleted from the documents or copies thereof.
(c) Upon the request of the adoptive parents or the child, a
county clerk may issue a certificate of adoption that states the date
and place of adoption, the child's birth date, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent, the certificate shall not state
the name of the child's birth parents.
SEC. 2. Section 9200 is added to the Family Code, to read:
9200. (a) The Legislature finds and declares that every person
has a right to obtain self-identifying information contained in court
documents and other state-held records unless a substantial
overriding state interest overcomes that individual right. The
Legislature further finds and declares that no overriding state
interest exists which justifies the denial of any self-identifying
information contained in court documents of adoption or other
state-held records pertaining to adoption when the information is
requested according to the provisions of this section by an adult
adoptee.
(b) "Adult adoptee" means any adopted person about whom the
self-identifying information is sought who is 18 years of age or
older.
(c) The petition, relinquishment or consent, agreement, order,
report and recommendation to the court from any investigating agency,
and any power of attorney and deposition filed in the office of the
court clerk pursuant to this part is not open to inspection by any
person other than the parties to the proceeding and their attorneys,
and the adult adoptee about whom the proceeding relates, and the
department, except upon the written authority of the judge of the
superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
(d) Upon a notarized and written request of any party to the
proceeding, or any adult adoptee about whom the proceeding relates,
or upon the order of any judge of the superior court, the court clerk
shall provide any documents referred to in this section for
inspection or copying. Parties to the proceeding and adult adoptees
are not required to petition the court in order to obtain the
document referred to in this section.
(e) Upon the request of the adoptive parents or the child, a court
clerk may issue a certificate of adoption that states the date and
place of adoption, the child's birth date, the names of the adoptive
parents, and the name the child has taken. Unless the child has been
adopted by a stepparent, the certificate shall not state the name of
the child's birth parents.
(f) Upon notarized and written application by any party to the
adoption or the adult adoptee, to the court clerk of the county in
which the decree of adoption was issued, the court clerk shall
forward the request to the department, or licensed adoption agency
that joined in the petition of adoption, within 20 working days.
Upon receipt of the request, the department or licensed adoption
agency shall forward to the court clerk an unaltered, unlimited, and
unredacted copy of its entire file of the adoption within 20 working
days. The entire file of the department or licensed adoption agency
shall then be maintained by the court clerk as part of the court
file. The court clerk shall notify the requester of the status of
his or her request within 50 working days of receiving the request,
either by notifying the requester of the availability of the entire
court file including the entire file of the adoption received from
the department or licensed adoption agency for inspection and
photocopying, or that the file is not available, the reasons
therefor, and the estimated time it would take before the file is
available for inspection and photocopying by the requester. Fees for
photocopying shall not exceed 25 cents ($0.25) per page, or the fee
charged to any other requester of court records.
(g) The department or licensed adoption agency may charge the
requester a reasonable fee, not to exceed one hundred fifty dollars
($150), for providing the service required by this section to cover
the costs of processing requests for information made pursuant to
this section. The revenue resulting from those fees charged shall be
utilized by the department or licensed adoption agency to increase
existing staff as needed to process these requests. This revenue
shall be in addition to any other funds appropriated in support of
the state adoption program.
(h) Section 214 of the Family Code shall not apply to this
section.
(i) This section shall not apply to the records of juvenile court
proceedings.
(j) The department or licensed adoption agency shall waive the
fees authorized by this section for any person who is receiving
public assistance pursuant to Part 3 (commencing with Section 11000)
of Division 9 of the Welfare and Institutions Code.
SEC. 3. Section 9203 of the Family Code is repealed.
9203. (a) The department or a licensed adoption agency shall do
the following:
(1) Upon the request of a person who has been adopted pursuant to
this part and who has attained the age of 21 years, disclose the
identity of the person's birth parent or parents and their most
current address shown in the records of the department or licensed
adoption agency, if the birth parent or parents have indicated
consent to the disclosure in writing.
(2) Upon the request of the birth parent of a person who has been
adopted pursuant to this part and who has attained the age of 21
years, disclose the adopted name of the adoptee and the adoptee's
most current address shown in the records of the department or
licensed adoption agency, if the adult adoptee has indicated in
writing, pursuant to the registration program developed by the
department, that the adult adoptee wishes the adult adoptee's name
and address to be disclosed.
(3) Upon the request of the adoptive parent of a person under the
age of 21 years who has been adopted pursuant to this part, disclose
the identity of a birth parent and the birth parent's most current
address shown in the records of the department or licensed adoption
agency if the department or licensed adoption agency finds that a
medical necessity or other extraordinary circumstances justify the
disclosure.
(b) The department shall prescribe the form of the request
required by this section. The form shall provide for an affidavit to
be executed by the requester that to the best of the requester's
knowledge the requester is an adoptee, the adoptee's birth parent, or
the adoptee's adoptive parent. The department may adopt regulations
requiring any additional means of identification from a requester
that it deems necessary. The request shall advise an adoptee that if
the adoptee consents, the adoptee's adoptive parents will be
notified of the filing of the request before the release of the name
and address of the adoptee's birth parent.
(c) Subdivision (a) is not applicable if a birth parent or an
adoptee has indicated that he or she does not wish his or her name or
address to be disclosed.
(d) Within 20 working days of receipt of a request for information
pursuant to this section, the department shall either respond to the
request or forward the request to a licensed adoption agency that
was a party to the adoption.
(e) Notwithstanding any other law, the department shall announce
the availability of the present method of arranging contact among an
adult adoptee, the adult adoptee's birth parents, and adoptive
parents authorized by Section 9204 utilizing a means of communication
appropriate to inform the public effectively.
(f) The department or licensed adoption agency may charge a
reasonable fee in an amount the department establishes by regulation
to cover the costs of processing requests for information made
pursuant to subdivision (a). The department or licensed adoption
agency shall waive fees authorized by this section for any person who
is receiving public assistance pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
The revenue resulting from the fees so charged shall be utilized by
the department or licensed adoption agency to increase existing staff
as needed to process these requests. Fees received by the
department shall be deposited in the Adoption Information Fund. This
revenue shall be in addition to any other funds appropriated in
support of the state adoption program.
(g) This section applies only to adoptions in which the
relinquishment for or consent to adoption was signed or the birth
parent's rights were involuntarily terminated by court action on or
after January 1, 1984.
SEC. 4. Section 102680 of the Health and Safety Code is amended to
read:
102680. The new last amended birth
certificate shall supplant any birth certificate previously
registered for the child and shall be the only birth certificate open
to public inspection. However, any previous birth certificate
may be obtained by an adopted person 18 years of age or older
pursuant to the provisions of this article or Section 9200 of the
Family Code.
SEC. 5. Section 102685 of the Health and Safety Code is amended to
read:
102685. When a new the last amended
birth certificate is established under this article, the State
Registrar shall inform the local registrar and the county recorder
whose records contain copies of the original certificate, who shall
forward the copies to the State Registrar for filing with the
original certificate , if it is practical for him or her to
do so. If it is impractical for him or her to forward the copy to
the State Registrar, he or she shall effectually seal a cover over
the copy in a manner as not to deface or destroy the copy and forward
a verified statement of his or her action to the State Registrar
. Thereafter , the information contained in the
record shall be available only as provided in
pursuant to the provisions of this article or Section
9200 of the Family Code .
SEC. 6. Section 102705 of the Health and Safety Code is repealed.
102705. All records and information specified in this article,
other than the 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 the superior court of the county granting the
order of adoption.
No such order shall be granted by the superior court 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 the granting of the order. The clerk of the superior
court shall send a copy of the petition to the State Department of
Social Services and the department shall send a copy of all records
and information it has concerning the adopted person with the name
and address of the natural parents removed to the court. The court
must review these records before making an order and the order should
so state. If the petition is by or on behalf of an adopted child
who has attained majority, these facts shall be given great weight,
but the granting of any petition is solely within the sound
discretion of the court.
The name and address of the natural parents shall be given to the
petitioner only if he or she can demonstrate that the name and
address, or either of them, are necessary to assist him or her in
establishing a legal right.
SEC. 7. Section 102705 is added to the Health and Safety Code, to
read:
102705. (a) Upon receipt of a written and notarized application
to the Office of Vital Statistics, any adopted person 18 years of age
or older shall be issued a certified copy of his or her unaltered,
original, and unamended certificate of birth and decree of adoption
in the custody of the Office of Vital Statistics and all other
documents contained within the adopted person's file.
(b) A birth parent may at any time request from the Office of
Vital Statistics a contact preference form that shall accompany a
birth certificate issued under subdivision (a).
(1) The contact preference form shall provide the following
information to be completed at the option of the birth parent:
Contact Preference Form
/__/ I would like to be contacted.
/__/ I would prefer to be contacted only through an intermediary.
/__/ I prefer not to be contacted at this time.
Signature _______________ Date_________
(2) When the Office of Vital Statistics receives a completed
contact preference form from a birth parent, it shall match the
contact preference form with the adopted person's file and place the
contact preference form in the adopted person's file. The Office of
Vital Statistics shall also forward a copy of the contract preference
form to the court clerk in the county in which the adopted person
was adopted to be maintained as a part of the court record of that
adoption proceeding.
(3) Upon receipt of a completed contact preference form, the
Office of Vital Statistics shall place the completed form in a
confidential, secure file until a match with the adopted person's
file is made and the contact preference form is placed in the adopted
person's file.
(4) Only those persons who are authorized to process applications
under this section may process contact preference forms.
SEC. 8. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.