BILL NUMBER: AB 372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 23, 2009
An act to add Sections 102704, 102704.5, and 102704.6
Section 102705.2 to the Health and Safety Code,
relating to adoption vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 372, as amended, Ma. Adoption records.
Vital records: adoptees and birth certificates.
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 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.
This bill would require, in a case of medical necessity regarding
a serious health condition, as defined, of an adopted person, the
State Registrar to provide, upon request of an adoptee, a copy of the
original and unredacted birth certificate of the adoptee to that
adoptee, his or her parent or guardian if the adoptee is a minor, or
another person who is legally authorized to make decisions regarding
health care for the adoptee. The bill would also require, on and
after January 1, 2010, the State Registrar to provide, upon receiving
a request from an adoptee if the adoption proceedings were completed
prior to that date or, with respect to a child who is the subject of
adoption proceedings completed on or after January 1, 2010, upon
receiving notice that those proceedings are completed, a copy of the
original and unredacted birth certificate of an adoptee to that
adoptee when the adoptee attains at least 25 years of age, unless a
birth parent who is listed on the certificate requests, on a form
provided by the State Registrar, that the State Registrar not provide
that copy to the adoptee, as specified. The bill would enact
different procedures in regard to the notification provided to the
birth parent, depending upon whether adoption proceedings for the
child were completed prior to, or on or after, January 1, 2010, as
specified. The bill would also require that the birth parent of a
child for whom adoption proceedings were completed on or after
January 1, 2010, who initially signs the form requesting that the
State Registrar not provide a copy of the birth certificate to the
adoptee, be provided with a second form affording the opportunity to
revoke that request, as specified.
The bill would require the State Registrar to develop and adopt
the forms necessary to implement these provisions.
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 102705.2 is added to the
Health and Safety Code , to read:
102705.2. (a) Notwithstanding any other provision of law, this
section shall govern the provision of a copy of an original and
unredacted birth certificate by the State Registrar to an adopted
person who is the subject of that birth certificate.
(b) In a case of medical necessity regarding a serious health
condition of an adopted person, the State Registrar shall provide a
copy of the original and unredacted birth certificate of the adoptee
to that adoptee, his or her parent or guardian if the adoptee is a
minor, or another person who is legally authorized to make decisions
regarding health care for the adoptee. For purposes of this
subdivision, a case of medical necessity regarding a serious health
condition includes, but is not limited to, a health condition for
which a successful treatment option would involve the use of parental
or familial information regarding the adoptee, such as a medical
condition requiring a direct-match tissue transplant.
(c) On and after January 1, 2010, the State Registrar, upon
request by an adoptee, shall provide a copy of the original and
unredacted birth certificate of an adoptee to that adoptee when the
adoptee attains 25 years of age, except as otherwise provided in
subdivision (d) or (e).
(d) (1) On and after January 1, 2010, upon receiving a request
from an adoptee pursuant to subdivision (c), the State Registrar
shall provide notice to each birth parent named on the original birth
certificate of an adopted person who was the subject of adoption
proceedings that were completed prior to January 1, 2010, informing
the birth parent that the original and unredacted birth certificate
of the adopted child shall be provided to the adopted child when the
child attains at least 25 years of age, unless paragraph (3) applies.
(2) The notice provided pursuant to paragraph (1) shall be sent to
the best available address for each birth parent who is listed on
the original birth certificate. The notice shall be sent return
receipt requested and shall do both of the following:
(A) The notice shall advise the birth parent regarding the change
in the law pursuant to this section.
(B) The notice shall include a form on which the birth parent may
indicate that he or she does not wish a copy of the original and
unredacted birth certificate to be provided to the adoptee.
(3) The State Registrar shall not provide a birth certificate
pursuant to subdivision (c) if any of the following apply:
(A) The notice provided pursuant to paragraph (1) was not received
by each birth parent listed on the birth certificate, as indicated
by the fact that the State Registrar has not received the return
receipt acknowledgment.
(B) Less than six months have elapsed since the birth parent
received the notice, as indicated by the date on the return receipt
requested.
(C) Each birth parent listed on the certificate has signed the
form included in the notice requesting that the State Registrar not
provide the birth certificate to the adoptee. If two birth parents
are listed on the birth certificate and only one birth parent has
signed the notice, however, the state Registrar shall release a copy
of the birth certificate on which information identifying and
pertaining to that birth parent has been redacted.
(e) (1) On and after January 1, 2010, upon receiving notice that
adoption proceedings regarding a child have been completed, the State
Registrar shall provide notice to each birth parent named on the
original birth certificate of an adopted person who is the subject of
adoption proceedings that are completed on or after January 1, 2010,
informing the birth parent that a copy of the original and
unredacted birth certificate of the adopted child shall be provided
to the adopted child when the child attains 25 years of age, unless
paragraph (3) applies.
(2) The notice provided pursuant to paragraph (1) shall be sent to
the best available address for each birth parent who is listed on
the original birth certificate. The notice shall be sent return
receipt requested and shall do both of the following:
(A) The notice shall include a form on which the birth parent may
indicate that he or she does not wish a copy of the original birth
certificate to be provided to the adoptee. The form shall include the
following statement:
For reasons that may include, but are not limited to, rape,
incest, religious beliefs, or personal preference, I do not authorize
the State Registrar to provide a copy of the original and unredacted
birth certificate to the adoptee.
(B) The notice shall include a second form, which a birth parent
may sign, revoking the first form and instead authorizing the State
Registrar to provide a copy of the original and unredacted birth
certificate to the adoptee.
(3) The State Registrar shall not provide a birth certificate
pursuant to subdivision (c) if both of the following apply:
(A) The notice provided pursuant to paragraph (1) was received by
each birth parent listed on the birth certificate, as indicated by
the return receipt acknowledgment received by the State Registrar
from the birth parent.
(B) Each birth parent listed on the certificate has signed the
first form included in the notice indicating that he or she requests
that the original and unredacted birth certificate remain
confidential and has not subsequently signed the second form revoking
the first form and instead authorizing the State Registrar to
provide a copy of that birth certificate to the adoptee. If two birth
parents are listed on the birth certificate and only one birth
parent has signed the notice and has not signed the second form,
however, the State Registrar shall release a copy of the birth
certificate on which the information identifying and pertaining to
that birth parent has been redacted.
(f) The State Registrar shall develop and adopt the forms
necessary to implement this section.
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.