BILL ANALYSIS SENATE JUDICIARY COMMITTEE Senator Joseph L. Dunn, Chair 2005-2006 Regular Session SB 799 S Senator Simitian B As Introduced Hearing Date: April 5, 2005 7 Gov. Code 9 ADM:cjt 9 SUBJECT Special Filing Fees: Adoptions DESCRIPTION This bill would lower the special filing fee for issuing a certificate of official character to documents related to child adoptions from $20 to $5 per signature (which is generally per document). BACKGROUND The California Secretary of State (SOS) provides authentication of public official signatures on documents to be used outside the United States, such as in international adoptions, by issuing a certificate of official character (an official stamp or seal). This authentication is either in the form of a certification of signature or an apostille (method of certifying documents for use in another country pursuant to the 1961 Hague Convention). Only documents that have been issued by specified California public officials may be certified as authentic. In addition, documents to be authenticated must be certified copies or must have been notarized. Common types of documents submitted to the SOS for authentication include marriage licenses, birth certificates, powers of attorney, corporate documents and papers for adoption purposes. The SOS describes the authentication/certification process as follows: a notarized document is submitted to the SOS's (more) SB 799 (Simitian) Page 2 office; the SOS's office certifies that the signature of the notary is authentic; and then issues a certificate of official character. Under existing law, the SOS charges a $20 fee (per signature) for authentication/certification of adoption-related documents. The author and supporters of this bill state that international adoptions can be very expensive. A part of that expense is the certification of numerous documents, which is a requirement of the country from which the child is being adopted. The author also notes that California has one of the highest special filing fees for child adoption documents in the nation. SB 799 is intended to lower one of the costs associated with child adoptions. CHANGES TO EXISTING LAW Existing law allows the Secretary of State to charge and collect fees for various purposes, as specified. [Gov. Code Section 12182.] Existing law also allows the Secretary of State to charge and collect fees for copying and special handling in connection with the services the office performs. [Gov. Code Section 12182.] Existing law allows the Secretary of State to charge a special filing fee of $20 for issuing a certificate of official character. [Gov. Code Section 12195(e).] This bill would provide that the Secretary of State may charge a special filing fee of $5 when the certificate of official character is issued for a document concerning child adoptions. COMMENT 1. Need for the bill The author states that, in 2003, over 20,000 immigration visas were issued to orphans adopted from abroad. The author and supporters note that these international adoptions can cost over $30,000. A portion of this expense is the cost of certification by the Secretary of State's office of numerous documents, which is a requirement of the country from which the child is being adopted. The author provides an example of a SB 799 (Simitian) Page 3 family that adopted a child from Russia. The family had to have 45 documents certified, including such things as marriage license, birth certificates, medical examinations, employment verifications and financial statements. They note that because they chose to have two sets of documents certified, the cost was close to $2,000. They chose to have two sets certified in case any documents were lost in the process. The author also notes that, while the certification fee is $20, the Secretary of State's office charges an additional $6 for over-the-counter or expedited processing. The author states that often adoption-related documents must be both notarized and certified, adding to the expense. Finally, the author states that California is one of only three states that charge $20 for certifying adoption-related documents (see Comment 2 below). 2. Cost of certification of adoption-related documents in other states The author provided a chart that sets forth certification fees for adoption documents in all states. The chart shows that 27 states charge $5 or less, 18 states charge $10, two states charge $15 and three states (including California) charge $20. 3. Notary public fees Under existing law, a notary public may charge a $10 (per signature) notarization fee. SHOULD CONSIDERATION BE GIVEN TO BRINGING THE CERTIFICATION FEE FOR ADOPTION DOCUMENTS INTO LINE WITH THE NOTARY PUBLIC FEE? Support: Adopt International & Domestic Services; National Council for Adoption; Families for Russian & Ukranian SB 799 (Simitian) Page 4 Adoption; Cal-Tax Opposition: None Known HISTORY Source: Mike Breslin and Roxanne Baxter Related Pending Legislation: None Known Prior Legislation: None Known **************