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.
AB 1349
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Analysis Prepared by : Joyce Iseri / APPR. / (916) 319-2081