BILL ANALYSIS AB 1349 Page 1 Date of Hearing: January 24, 2002 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 1349 (Pescetti) - As Amended: January 23, 2002 Policy Committee: JudiciaryVote:10-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill establishes two methods for adult adoptees to access information related to their birth. Specifically, this bill: 1)Permits adoptees 18 and over who have identified one or both birth parents through independent means, to request the State Registrar of Vital Statistics (SRVS) to issue a copy of the following documents in the adoptee's file, provided specified conditions are met: a) The unaltered, original, and unamended birth certificate. b) The adoption decree. c) The contact preference form, if available, indicating whether or not the birth parent desires to be contacted by the adoptee or an intermediary. d) The medical history form, if available. e) The court adoption record. f) Any personal correspondence or similar items from the birth parent to the adoptee. The SRVS must verify that the birth parent(s) have been correctly identified and may charge a fee to cover costs. Adoptees are limited to submitting one name for each birth parent per request, and may not make an unreasonable number of requests, as determined by the SRVS. 1)Permits adoptees 18 and over who have not identified a birth parent to request the Department of Social Services (DSS) or the licensed adoption agency involved in the adoption to conduct a search for the birth parents using a confidential AB 1349 Page 2 intermediary (CI). DSS must develop an application form to request a search, as well as develop eligibility standards, contracting procedures, and standards of conduct for CIs. a) If the CI identifies and locates the birth parent, the CI must confidentially inquire of the birth parent whether contact with the adoptee is desired and inform the birth parent about the option to file a written consent for contact and a medical history form. b) If the birth parent wishes contact with the adoptee and files a written consent form, DSS or the adoption agency may proceed to arrange for contact using existing procedures. c) If the birth parent does not wish contact and does not file a medical history form, authorizes DSS to release medical information in the adoption file to the adoptee, provided identifying information is redacted and confidentiality provisions are respected. FISCAL EFFECT 1)Costs to the State Registrar, offset by fees, to verify birth parents and develop regulations on the application process, including the number of requests that are deemed reasonable. The bill authorizes the SRVS to charge fees sufficient to cover implementation costs. 2)Major costs to DSS-likely over $2 million annually-to establish and maintain the confidential intermediary system. Currently, the mutual consent registry receives about 1,500 requests a year from birth parents or adoptees. Assuming DSS receives an additional 3,000 requests, and each request takes 20 hours to process, costs would increase by $2.3 million per year. The bill does not authorize DSS to charge a fee for these new activities. COMMENTS 1)Purpose . This bill, sponsored by California Open2001, is intended to give adult adoptees information on circumstances relating to their birth. It establishes two methods to facilitate receipt of this information, depending on whether or not the adoptee has correctly identified the birth parents. AB 1349 Page 3 If the adoptee has the correct name of one or both birth parents, the State Registrar must release a copy of the original birth certificate and other specified documents in the adoption file. If the adoptee does not have any names, DSS must use confidential intermediaries to conduct a search for the birth parents to determine if contact is desired. Proponents state that "adoptees have a fundamental right to view their original birth certificate," and that adoptees may access their birth documents, with varying restrictions, in Alabama, Alaska, Delaware, Kansas, Montana, Oregon, and Tennessee. They argue the bill does not violate birth parents' constitutional right to privacy because its provisions do not meet three causes of action established in a state supreme court decision. 2)Current Law . Currently, when a child born in California is adopted, the State Registrar issues an amended birth certificate showing the names of the adoptive parents, among other information. Only the amended certificate is available for public inspection, unless a judge authorizes otherwise in exceptional circumstances. The original certificate showing the name of the birth parent(s) is sealed, along with other documents in the adoption file. Currently, birth parents must be informed at the time of adoption that they may provide written consent to disclose their name and address when the adoptee is 21 or older. DSS must release the information if the adoptee requests it and the birth parent has consented. DSS also maintains a mutual consent registry, through which DSS or a licensed adoption agency arranges contact between birth parents and adoptees if both parties have consented. Unlike this bill, however, neither DSS nor the adoption agency may solicit that consent. 3)Opposition . The National Council for Adoption (NCA), Academy of Adoption Lawyers, Committee on Moral Concerns (CMC), and California ProLife Council oppose this bill. The NCA argues the bill would "retroactively violate birth parents' constitutional and basic human right to privacy without their knowledge or consent and?promote unwanted, unilaterally imposed contacts." CMC believes that by removing the assurance of confidentiality, more birth mothers would choose abortion over adoption. AB 1349 Page 4 Analysis Prepared by : Joyce Iseri / APPR. / (916) 319-2081