BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 372
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                       AB 372 (Ma) - As Amended:  May 7, 2009 

          Policy Committee:                              JudiciaryVote:10  
          - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows an adoptee, under certain conditions, to have  
          access to his or her original and unredacted birth certificate.  
          Specifically, this bill: 

          1)Requires the state registrar, in cases of medical necessity  
            regarding a serious health condition, and upon an order from  
            the superior court, to release an original and unredacted  
            birth certificate to an adoptee, the adoptee's parent or  
            guardian, or a person legally authorized to make health  
            decisions for an adoptee. 

          2)Requires the state registrar, upon request, to provide a copy  
            of the original and unredacted birth certificate to an adoptee  
            who is 25 years or older if the birth parents do not object.

          3)Requires the state registrar, for all adoptions taking place  
            on or after January 1, 2010, to notify the birth parents that  
            the adoption has taken place and that the adopted child, upon  
            attaining the age of 25, shall, upon request, receive an  
            original and unredacted birth certificate unless the parents  
            object. 

          4)States that if two birth parents are listed on a birth  
            certificate and only one objects, the state registrar shall  
            redact that parent's information before releasing the birth  
            certificate.

          5)Authorizes the state registrar to assess a fee to cover the  
            costs of this legislation. 









                                                                  AB 372
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          6)Requires the state registrar to develop and adopt any  
            necessary forms. 

           FISCAL EFFECT  

          Based on experience with a similar law in the state of Oregon,  
          creating the required database, the cost of notifying birth  
          parents, and processing requests for original birth certificates  
          will likely be in excess of $8 million costs for each of the  
          first two years of the program. By the third year, costs will be  
          in the range of $2 million per year. 

          The registrar does have the authority to assess a fee to cover  
          the costs related with this legislation. However, approximately  
          $4 million of the funding in each of the first two years would  
          be related to necessary automation changes and the creation of  
          the database.  That upfront funding would be state GF. 

           
          COMMENTS  

           1)Rationale  . This bill is intended to provide adult adoptees and  
            those adoptees with serious health conditions access to their  
            original birth certificates, including the names of their  
            birth parents. 

           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. The  
            Department of Social Services (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. 

           3)The Oregon Experience  . Oregon passed a similar law over a  








                                                                  AB 372
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            decade ago.  When Oregon's law went into effect, in May of  
            2000 after 18 months of appeals, a backlog was immediately  
            created by requests from the adopted individuals and by  
            challenges to the department from birth mothers who did not  
            want their information released.  For comparison between the  
            two states, California averages 550,000 births each year,  
            compared to Oregon's annual birth rate of approximately  
            50,000.

            During the first year alone, the Oregon state registrar  
            received over 10,000 requests for sealed records, and by May  
            1, 2001, only 6,439 of the 10,000 requests had been completed.  
            Based on Oregon's experience, California could expect to  
            receive 110,000 requests for original birth records the first  
            year.  Unless adequately staffed when AB 372 becomes  
            effective, California could expect to have a backlog of 39,171  
            uncompleted requests at the end of the first year.  

            Almost nine years after the enactment of Oregon's law, the  
            Oregon state registrar continues to receive over 30 requests  
            each month, thus California could expect its requests to  
            increase from the current average of 15-20 per month to a  
            monthly average of 330.  

            Oregon hired two additional staff to meet the increased  
            workload, but was unable to meet the demand (i.e., they were  
            only able to process 6,439 of the 10,000 requests received the  
            first year).  If one staff person can process 3,220 requests  
            annually (using Oregon's experience), the California state  
            registrar would need 34 positions to process the 110,000  
            requests projected for California during the first year of  
            implementation alone.  Before the state registrar can issue a  
            copy of a sealed record, the record must be retrieved from the  
            State Record Center (SRC).  The additional requests for sealed  
            records would also increase SRC workload.

           4)Related Legislation  . AB 1349 (Pescetti) in 2001 would have  
            permitted adult adoptees to access their adoption records.  
            That bill was held in this committee.  

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081