BILL NUMBER: AB 372	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2009

   An act to  amend Section 102705 of, and to add Section
102704 to,   add Sections 102704, 102704.5, and 102704.6
to  the Health and Safety Code, relating to adoption records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 372, as amended, Ma. Adoption records.
   Existing law requires that a court report of adoption be filed
with the original record of birth and that these records remain a
part of the records of the State Registrar. Existing law provides
that  vital  records related to adoptions, other than a
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 of the county granting the order of adoption. The order
shall not be granted 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 granting the order.
   This bill would  expand the exception described above to
also apply if an adoptee who is at least 18 years of age submits to
the court a written, signed, and notarized request for a copy of the
original record of his or her birth. The bill would make related and
clarifying changes   require the State Registrar, upon
receipt of a written application from an adopted person who is 25
years of age or older and who was born in this state, to issue to the
adopted person a certified information-only copy of the adopted
person's original and unamended birth certificate if that record is
in the custody of the State Registrar, as specified  . 
   The bill would also authorize a birth parent of an adopted person
to request a contact preference form, as specified, from the State
Registrar. The bill would require the State Registrar to take
specified action upon receipt of the request and to attach it to the
birth certificate issued pursuant to the provision described above.
The bill would also require the State Registrar to receive and file
updated medical information from the birth parent of an adopted
person, as specified, and to issue a certificate verifying the
receipt of that updated medical history, as specified. The bill would
prescribe the contents of an updated medical history form, which
would be required to include specified information regarding medical
conditions of the birth parents and their blood relatives, as
described, use of drugs and alcohol during pregnancy, and general
information on the birth parents and the pregnancy. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 102704 is added to the 
 Health and Safety Code   , to read:  
   102704.  Notwithstanding any other provision of law, including,
but not limited to, Section 102705, upon receipt of a written
application from an adopted person who is 25 years of age or older
and who was born in this state, the State Registrar shall issue a
certified information-only copy of the adopted person's original and
unamended birth certificate if that record is in the custody of the
State Registrar. The procedures, filing fees, and waiting periods
shall be identical to those imposed for that service upon residents
of this state who were not adopted. 
   SEC. 2.    Section 102704.5 is added to the 
 Health and Safety Code   , to read:  
   102704.5.  (a) (1) A birth parent of an adopted person may at any
time request from the State Registrar a contact preference form that
shall accompany a birth certificate issued pursuant to Section
102704. The contact preference form shall provide the following
information to be completed at the option of the birth parent:
   (A) I would like to be contacted.
   (B) I would prefer to be contacted only through an intermediary.
   (C) I prefer not to be contacted at this time. If I decide later
that I would like to be contacted, I will contact the State
Registrar. I have completed an updated medical history and have filed
it with the State Registrar. Attached is a certificate from the
State Registrar verifying receipt of the updated medical history.
   (2) When the State Registrar receives a completed contact
preference form from the birth parent of an adopted person, the State
Registrar shall match the contact preference form with the adopted
person's record. A completed contact preference form shall be
confidential and shall be kept in a secure location until the State
Registrar matches it with the adopted person's record. The contact
preference form shall be placed in the adopted person's record when a
match is made.
   (b) Upon receipt of an updated medical history from a birth parent
of an adopted person, the State Registrar shall place the history in
the adopted person's record and shall issue a certificate to the
birth parent verifying receipt of that updated medical history.
   (c) Only those persons who are authorized to process applications
submitted pursuant to Section 102704 may process contact preference
forms and updated medical history information pursuant to this
section.
   (d) The certificate verifying receipt of an updated medical
history shall be identical to receipts issued by the State Registrar
for other services.
   (e) The form for a birth parent updated medical history shall
include, but not be limited to, the information specified in Section
102704.6. 
   SEC. 3.    Section 102704.6 is added to the 
 Health and Safety Code   , to read:  
   102704.6.  A birth parent updated medical history form shall
include, but not be limited to, the information described in this
section. If the information is unknown or not available, the person
completing the form shall be requested to indicate "unk" or "N/A"
respectively.
   (a) The form shall include the following general information,
including:
   (1) Name of child on the birth record.
   (2) Date of birth.
   (3) Sex of child.
   (4) Hospital where birth occurred, if any.
   (5) Mother's name shown on birth certificate.
   (6) Adoption agency involved with adoption, if known.
   (7) The date the form is completed.
   (8) A place to indicate whether the person completing the form is
the birth mother or birth father.
   (b) The form shall include places to provide information on the
medical conditions listed in this subdivision. For each of the
medical conditions, the person completing the form shall be provided
a form with columns that indicate separately whether or not that
person or any blood relative has the condition listed, or whether
this information is unknown, and the person completing the form shall
be requested to fill in the appropriate box. The form shall describe
the term "blood relative" as including, by way of example, the
person's mother, father, sisters, brothers, grandparents, aunts,
uncles, or any other child. The form shall include a section for
comments for each medical condition, to be completed as needed, using
a separate piece of paper if necessary. The following medical
conditions, at a minimum, shall be listed:
   (1) Club foot.
   (2) Cleft lip or cleft palate.
   (3) Congenital heart defect.
   (4) Any other malformations, such as scoliosis.
   (5) Muscular dystrophy, including a request to comment on the part
of the body involved and the age at onset.
   (6) Multiple sclerosis.
   (7) Cerebral palsy.
   (8) Other paralysis or crippling disorder.
   (9) Seizures, convulsions, or epilepsy, including a request to
comment on the age at onset, the treatment, and the frequency of
occurrence.
   (10) Blindness, glaucoma, or other visual problems, including a
request to comment on the age at onset, the cause, and any special
education provided.
   (11) Deafness or other ear problems.
   (12) Speech problem, including a request to comment on the age at
onset, the cause, and any special education provided.
   (13) Learning disability.
   (14) Mental or physical retardation, including a request to
comment on any diagnosis or cause, and if hospitalized.
   (15) Diabetes, including a request to comment on the age at onset
and any treatment.
   (16) Thyroid disorder.
   (17) Other hormonal disorder.
   (18) Bronchitis.
   (19) Emphysema.
   (20) Congestive heart failure.
   (21) Atherosclerosis.
   (22) Eczema or other skin conditions, including a request to
comment on any cause known, treatment provided, and medication
provided.
   (23) Asthma.
   (24) Hay fever or other allergy.
   (25) Schizophrenia, including a request to comment on any cause
known, treatment provided, and if hospitalized.
   (26) Depression or bipolar disorder.
   (27) Other mental or emotional illness, such as anorexia or
bulimia.
   (28) Hypertension, to be described parenthetically as high blood
pressure.
   (29) Stroke.
   (30) Heart attack, to be described parenthetically as coronary.
   (31) Other cardiovascular problems.
   (32) Cancer, including a request to comment on the type, the age
at onset, and the part of the body affected.
   (33) Tumors.
   (34) Cystic fibrosis.
   (35) Huntington's Disease.
   (36) Tuberculosis.
   (37) Kidney disease, including a request to comment on age at
onset and treatment provided.
   (38) Alcoholism or drug addiction, including a request to comment
on the kind, when taken, and amount.
   (39) Any other conditions that the person completing the form or
others in the person's family might have.
   (c) The form shall include places to provide information on drug
and alcohol use during pregnancy listed in this subdivision, which
shall be presented in the same manner as described in subdivision
(b). The information requested on drug and alcohol use during
pregnancy shall include, at a minimum, the following:
   (1) Prescription drugs taken during pregnancy, including a request
to comment on the kind, when taken, the amount, and frequency of
use.
   (2) Nonprescription drugs taken during pregnancy, including a
request to comment on the kind, when taken, the amount, and frequency
of use.
   (3) Use of alcohol during pregnancy, including a request to
comment on the amount and frequency.
   (4) Use of amphetamines during pregnancy, including a request to
comment on the kind, when taken, the amount, and frequency of use.
   (5) Use of barbiturates during pregnancy, including a request to
comment on the kind, when taken, the amount, and frequency of use.
   (d) The form shall include places to provide other information on
the birth parents to be given at time of the child's birth and should
instruct the person completing the form to not provide personally
identifying information. The other information requested on the birth
parents shall include, at a minimum, the following:
   (1) Height and weight.
   (2) Body build.
   (3) Eye, hair, and skin color.
   (4) Age.
   (5) Race.
   (6) Nationality, to be described parenthetically as citizenship.
   (7) Ethnic background.
   (8) Religion.
   (9) Number of school years completed.
   (10) Mother's blood type.
   (11) RH factor.
   (12) Baby's blood type.
   (e) The form shall include a place for the person completing the
form to give the age at death and cause of death of the child's
grandparent, aunt, uncle, and sibling, if any.
   (f) The form shall include places for the person completing the
form to provide the following information on the pregnancy:
   (1) Whether the baby's father is aware of the pregnancy.
   (2) The month prenatal care began for the pregnancy.
   (3) Any complications during the pregnancy.
   (4) Exposure during pregnancy to:
   (A) X-ray.
   (B) Electrocardiogram.
   (C) Radiation.
   (g) The form shall include a place for the person completing the
form to give other comments regarding the child's birth history.
 
  SECTION 1.    Section 102704 is added to the
Health and Safety Code, to read:
   102704.  A copy of the original record of birth shall be made
available to a person who is the subject of that record if all of the
following criteria are met:
   (a) The person is at least 18 years of age.
   (b) The person was adopted.
   (c) The person submits to the court a written request for a copy
of his or her original record of birth. The request shall be signed
by the person and notarized.  
  SEC. 2.    Section 102705 of the Health and Safety
Code is amended to read:
   102705.  (a) 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.
   (b) An order described in subdivision (a) shall not be granted by
the superior court, except under either of the following
circumstances:
   (1) An order making available all records and information
specified in this article, other than the newly issued birth
certificate, may be granted if 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.
   (2) An order making available a copy of the original record of
birth to a person who was adopted and who is 18 years of age or older
may be granted if a written request has been submitted to the court
pursuant to Section 102704.
   (c) The clerk of the superior court shall send a copy of the
petition or written request to the State Department of Social
Services and the department shall send to the court a copy of all
records and information it has concerning the adopted person, or a
copy of the original certificate of birth, as applicable. The court
shall review these records before making an order and the order may
state that the court has conducted that review. If the petition is by
or on behalf of an adopted child who is 18 years of age or older,
these facts shall be given great weight, but the granting of any
petition is solely within the sound discretion of the court.
   (d) The name and address of the natural parents shall be given to
the petitioner or requester 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. In all other cases, that
information shall be redacted from all records and information
provided, including a copy of an original record of birth.