BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1349
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          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  








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            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.  








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             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.
           








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          Analysis Prepared by  :    Joyce Iseri / APPR. / (916) 319-2081