BILL NUMBER: AB 2118	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 20, 2014

   An act to amend Section 9200 of the Family Code, and to amend
Section 102705 of the Health and Safety Code, relating to adoption.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2118, as introduced, Ridley-Thomas. Adoption records:
confidentiality.
   Existing law establishes the confidentiality of adoption records,
and provides that these records be available only upon the order of
the superior court. Existing law prohibits the court from granting
these orders 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 the granting of the order. Under
existing law, if the petition is by or on behalf of an adopted child
who has attained majority, these facts shall be given great weight,
but the granting of any petition is solely within the discretion of
the court. Existing law also authorizes a party to the adoption to
request, and the court to order, that the name of the child's birth
parents or any information tending to identify the child's birth
parents is deleted from the documents prior to the clerk of the court
providing the documents for inspection by any person.
   This bill would authorize an adopted child to have full and
unrestricted access to his or her adoption records in the same manner
as a party to the proceeding.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 9200 of the Family Code is amended to read:
   9200.  (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the clerk of
the court pursuant to this part is not open to inspection by any
person other than the parties to the proceeding and their attorneys
and the department, except upon the written authority of the judge of
the superior court. A judge of the superior court may not authorize
anyone to inspect the petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, or power
of attorney or deposition or any portion of any of these documents,
except in exceptional circumstances and for good cause approaching
the necessitous. The petitioner may be required to pay the expenses
for preparing the copies of the documents to be inspected.
   (b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the clerk of the court
shall not provide any documents referred to in this section for
inspection or copying to any other person, unless the name of the
child's birth parents or any information tending to identify the
child's birth parents is deleted from the documents or copies
thereof. 
   (c) For purposes of requests by the adopted child to inspect or
copy the documents referred to in this section, the adopted child
shall be deemed a party to the proceeding and shall be entitled to
full and unrestricted access to these documents in the same manner as
any other party to the proceeding.  
   (c) 
    (d)  Upon the request of the adoptive parents or the
child, a clerk of the court may issue a certificate of adoption that
states the date and place of adoption, the child's birth date, the
names of the adoptive parents, and the name the child has taken.
 Unless the child has been adopted by a stepparent 
 If the request is made by an adoptive parent  , the
certificate shall not state the name of the child's birth parents
 , unless the child has been adopted by a stepparent  .
  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  , except as
provided in subdivision (d)  . 
   No such order shall 
    (b)     The order specified in subdivision
(a) shall not  be granted by the superior court 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 the granting of the order. The clerk of the superior
court shall send a copy of the petition 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  ,  with the name and address of the natural parents
removed  to the court  . The court  must
  shall  review these records before making an
order and the order should so state.  If the petition is by
or on behalf of an adopted child who has attained majority, these
facts shall be given great weight, but the granting of any petition
is solely within the sound discretion of the court. 

   The 
    (c)     Except as provided in subdivision
(d), the  name and address of the natural parents shall be given
to the petitioner 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. 
   (d) An adopted child is entitled to full and unrestricted access
to the records and information specified in this article.