THE SIMPLICITY OF LANGUAGE: SUCCESSFUL RECORDS ACCESS BILLS

Maine State Senator Paula Benoit believes that simplicity of language is the key to passage of records access bills.

She is correct. Compare the simplicity of language of Oregon Ballot Measure 58, Alabama HB 690, HB New Hampshire SB 335 and Maine LB 1084 to the convoluted 77-page Illinois HB 4623 with its plethora of forms, preferences and vetoes which would confound a busload of Chicago lawyers.

Would adopta-doyens Rep. Feigenholtz and Melisha Mitchell care to explain why it takes them 77 pages to write a bill that was covered in two sentences in Oregon, and only a couple pages in Alabama, New Hampshire and Maine? Where’s the pork?

OREGON
Ballot Measure 58:
Upon receipt of a written application to the state registrar, any adopted person 21 years of age and older born in the state of Oregon shall be issued a certified copy of his/her unaltered, original and unamended certificate of birth in the custody of the state registrar, with procedures, filing fees, and waiting periods identical to those imposed upon non-adopted citizens of the State of Oregon pursuant to ORS 432.120 and 432.146. Contains no exceptions.

ALABAMA
HB 690

Rep(s). By Representatives Dolbare and Fuller

HB690

EngrossedUnder existing law, an adopted person born in the State of Alabama cannot obtain a copy of his or her original birth certificate absent a court order.This bill would provide that an adopted person, 19 years of age or older, born in the State of Alabama is entitled to obtain a copy of his or her original birth certificate upon written application to the State Registrar.

A BILL
TO BE ENTITLED
AN ACT

To amend Sections 22-9A-12, 26-10A-31, and 26-10A-32 of the Code of Alabama 1975, relating to birth certificates and identifying information for adopted persons born in the State of Alabama; to provide procedures for obtaining copies of original birth certificates; and to provide for an effective date of this act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 22-9A-12, 26-10A-31, and 26-10A-32 of the Code of Alabama 1975, are amended to read as follows:

§22-9A-12.

“(a) The State Registrar shall establish a new certificate of birth for a person born in this state upon receipt of any of the following:
“(1) A report of adoption as provided in Section 22-9A-11 or a report of adoption prepared and filed in accordance with the laws of another state, the District of Columbia, a territory of the United States, or a foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if so requested by the court decreeing the adoption.
“(2) A request that a new certificate be established upon completion of the legitimation procedure specified in Sections 26-11-2 and 26-17-6. If the name of another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or following adoption.
“(3) A certified copy of a valid court determination of paternity that establishes the name of the father and decrees the name the child is to bear together with the information necessary to identify the original certificate of birth.

“(b) The new certificate of birth prepared as a result of subsection (a) shall be on the form in use at the time of its preparation and shall include all of the following items and other information necessary to complete the certificate:
“(1) The name of the child.
“(2) The actual place and date of birth as shown on the original certificate.
“(3) The names and personal particulars of the adoptive parents or of the natural parents, whichever is appropriate.
“(4) The name of the attendant.
“(5) The birth number assigned to the original birth certificate.
“(6) The original filing date.

“(c) The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction.Notwithstanding the foregoing, any adopted person 19 years of age or older born in the State of Alabama, upon written application to the State Registrar, may receive a copy of his or her unaltered, original, and unamended certificate of birth. All procedures, fees, and waiting periods applicable to non-adopted citizens born in the State of Alabama seeking copies of certificates of birth shall apply. Notwithstanding the foregoing, any person 19 years of age or older who was born in the State of Alabama and who has had an original birth certificate removed from the files due to an adoption, legitimation, or paternity determination may, upon written request, receive a copy of that birth certificate and any evidence of the adoption, legitimation, or paternity determination held with the original record. The copy of the original birth certificate shall be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to non-adopted citizens born in the State of Alabama seeking copies of certificates of birth shall apply.

“(d) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided in Section 22-9A-19.

“(e) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as specified by the board.

“(f) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section, and the date and place of birth have been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the State Registrar as provided in Section 22-9A-9 or Section 22-9A-10 before a new certificate of birth is established. The new birth certificate shall be prepared on the appropriate delayed birth certificate form.

“(g) When a new certificate of birth is established by the State Registrar, all copies of the original certificate of birth in the custody of any other party shall be forwarded to the State Registrar upon receipt of his or her request.

“(h)(1) The State Registrar shall, upon request, prepare and register a certificate in this state for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption, proof of the date and place of birth of the child, and a request from the court, the adopting parents, or the adopted person if 18 years of age or over that a certificate be prepared. The certificate shall be labeled “CERTIFICATE OF FOREIGN BIRTH” and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it is issued. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute. The original certificate of birth shall not be available for inspection except as provided by statute. receive a copy of any information about the adoption held in files under the jurisdiction of the State Registrar.

“(2) If the child was born in a foreign country but was a citizen of the United States at the time of birth, the State Registrar shall not prepare a “CERTIFICATE OF FOREIGN BIRTH” and shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the U.S. Department of State.

§26-10A-31.

“(a) After the petition is filed and prior to the entry of the final decree, the records in adoption proceedings shall be open to inspection only by the petitioner or his or her attorney, the investigator appointed under Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records shall be open to other persons only upon order of court for good cause shown.

“(b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel, except with leave of court.

“(c) After the final decree of adoption has been entered, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise provided in this section and in subsection (c) of Section 22-9A-12. No person shall have access to such records except upon order of the court in which the decree of adoption was entered for good cause shown except as provided in subsection (c) of Section 22-9A-12. Identifying information should not be given except with the consent of the parties in interest.

“(d) When the court issues the adoption order, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information referred to in subsection (g) in a separate summary sheet to the State Department of Human Resources. The following information shall be included:
“(1) Birthname and adoptive name;
“(2) Date and place of birth of person adopted, except in the case of abandonment;
“(3) Circumstances under which the child came to be placed for adoption;
“(4) Physical and mental condition of the person adopted, insofar as this can be determined by the aid of competent medical authority;
“(5) Name and last known address of natural parents, dates of birth and social security numbers, if known;
“(6) Age of the natural parents at child’s birth;
“(7) Nationality, ethnic background, race, and religious preference of the natural parents;
“(8) Educational level of the natural parents;
“(9) Pre-adoptive brother/sister relationships;
“(10) Whether the identity and location of the natural father is known or ascertainable.

“(e) The State Department of Human Resources and the investigating agency’s adoption records must be kept for a minimum term of 75 years. If a licensed child placing agency ceases to operate in Alabama, all adoption records of the agency, including those of the child, the natural family and the adoptive family, shall be transferred to the Department of Human Resources.

“(f) All Except as otherwise provided in this section and in subsection (c) of Section 22-9A-12, all files of the investigating office or agency appointed by the court under Section 26-10A-19 shall be confidential and shall be withheld from inspection except upon order of the court for good cause shown.

“(g) Notwithstanding subsection (f) of this section, the State Department of Human Resources or the licensed investigating agency appointed by the court pursuant to Section 26-10A-19(b) and (c), shall furnish, upon request, to the petitioners, natural parents or an adoptee 19 years of age or older, nonidentifying information which shall be limited to the following:
“(1) Health and medical histories of the adoptee’s natural parents;
“(2) The health and medical history of the adoptee;
“(3) The adoptee’s general family background, including ancestral information, without name references or geographical designations;
“(4) Physical descriptions;
“(5) The length of time the adoptee was in the care and custody of one other than the petitioner; and
“(6) Circumstances under which child comes to be placed for adoption.

“(h) Notwithstanding subsection (f), if either the natural mother or the natural or presumed father have given consent in writing under oath to disclosure of identifying information, as defined in subsection (d) and which is not otherwise provided in this section and in subsection (c) of Section 22-9A-12, the State Department of Human Resources or a licensed child placing agency shall release such identifying information including a copy of the birth certificate as it relates to the consenting parent to an adult adoptee when that adoptee reaches the age of 19.

“(i) If the court finds that any person has a compelling need for nonidentifying information not otherwise available under subsection (e) of this section which only can be obtained through contact with the adoptee, the adoptee’s parents, an alleged or presumed father of the adoptee, or the adoptee’s adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary, to furnish such information or to establish contact with the adoptee, the adoptee’s natural parents, the alleged or presumed father of the adoptee, or the adoptive parents of the adoptee in order to obtain the information needed without disclosure of identifying information to or about the applicant. Said information then shall be filed with the court and released to the applicant within the discretion of the court. However, the identity and whereabouts of the person or persons contacted shall remain confidential.

“(j) Notwithstanding any subsection of this section to the contrary, when an adult adoptee reaches the age of 19, the adoptee may petition the court for the disclosure of identifying information as defined in subsection (d) and which is not otherwise provided for in this section or in subsection (c) of Section 22-9A-12, if a natural or presumed parent has not previously given consent under subsection (h). The court shall direct an intermediary to contact the natural parents to determine if the natural parents will consent to the release of their identity identifying information. If the natural parents consent to the release of their identity identifying information the court shall so direct. If the natural parents are deceased, cannot be found or do not consent to the release of the identifying information then the court shall weigh the interest and rights of all of the parties and determine if the identifying information should be released without the consent of the natural parents. Moreover, if the court releases the identifying information without the consent of the natural parents, the court may restrict the distribution and use of that information and may restrict or prohibit contact between the parties as the court determines to be fair and equitable.

§26-10A-32.

“(a) Within 10 days of the final decree being entered the judge or the clerk of the court shall send a copy of the final order to the Department of Human Resources and shall send a certificate of the final order of adoption to the State Registrar of Vital Statistics of the State Board of Health upon the form supplied by the state registrar for that purpose.

“(b) Upon receipt of copy of any final order of adoption the State Registrar of Vital Statistics shall cause to be made a new record of the birth in the new name and with the name or names of the adopting parent or parents as contained in the final decree. The state registrar shall then cause to be sealed and filed the original certificate of birth with the decree of the court.

“(c) After Except as otherwise provided by subsection (c) of Section 22-9A-12, after the new birth certificate has been issued, the original birth certificate and the evidence of adoption are not subject to inspection except upon order of the court for good cause shown.”

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

NEW HAMPSHIRE
SB 335

CHAPTER 99

SB 335 – FINAL VERSION

2004 SESSION

05/01

SENATE BILL 335

AN ACT relative to access to birth records.

SPONSORS: Sen. D’Allesandro, Dist 20

COMMITTEE: Public Institutions, Health and Human Services

ANALYSIS

This bill permits adult adoptees to obtain a copy of their original, unaltered birth certificate. It also permits a birth parent to express his or her preference regarding contact with the adoptee by filing a contact preference form with the registrar of vital records.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to access to birth records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

99:1 Disclosure of Information from Vital Records; Access to Original Birth Certificate by Adult Adoptees. Amend the introductory paragraph of RSA 5-C:16 and RSA 5-C:16, I and II to read as follows:

5-C:16 Disclosure of Information from Vital Records. In order to protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, the registrar or the custodian of permanent local records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant has a direct and tangible interest in such record. [However, under no circumstance shall any information relative to any adoption be disclosed or given out by the registrar or custodian of permanent local records or any other individual except pursuant to RSA 170-B:19, II.]

I. Upon written application by an adult adoptee, who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those imposed upon non-adopted citizens of the state.

I-a. The registrar shall prescribe and, upon request, shall make available to each birth parent named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such a request, the registrar shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the registrar.

I-b. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:

(a) I would like to be contacted. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

(b) I would prefer to be contacted only through an intermediary. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

(c) I would prefer not to be contacted at this time. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

I-c. When the registrar receives a complete contact preference form and a completed medical history form from a birth parent, the registrar shall match the contact preference form and the updated medical history form with the adoptee’s sealed birth certificate. The contact preference form and the updated medical history form shall then be attached to the adoptee’s sealed certificate.

I-d. Only a person authorized by the registrar to process an application made under paragraph I may process a contact preference form and an updated medical history form.

I-e. The [registrant] applicant, a member of his or her immediate family, his or her guardian, or respective legal representatives shall be considered to have a direct and tangible interest for purposes of this section. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.

II. The term “legal representative” shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the [registrant] applicant or his or her family.

99:2 Adoption; Confidentiality of Records; Access to Birth Certificate by Adult Adoptees. Amend RSA 170-B:19 to read as follows:

170-B:19 Confidentiality of Records. Notwithstanding any other law concerning public hearings and records:

I. All hearings held in adoptive proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties.

II. All papers and records, [including] excluding birth certificates, pertaining to the adoption, whether part of the permanent record of the court or of a file in the division, in an agency or office of the town clerk or the division of vital records administration are subject to inspection only upon written consent of the court for good cause shown, except as otherwise provided in this section. Except as provided in paragraph V, upon the request of an adult adoptee [over 21 years of age], or a [natural] birth parent of an adult adoptee [over 21 years of age], for information concerning the adult adoptee or [natural] birth parent, the court shall refer the adult adoptee or [natural] birth parent to the child-placing agency which completed the investigation required under RSA 170-B:14.

II-a. Upon the request of an adult adoptee [over 21 years of age], or an adoptive parent, the department or agency involved in the adoption shall release information relating to the health history of the [natural] birth parent and blood relatives, or, non-identifying background information of the [natural] birth parent and blood relatives on forms approved by the department. The department or the agency shall delete any information from the health history or background which would tend to identify a [natural] birth parent.

II-b. Upon the signing of a relinquishment or consent, or at a later time, a [natural] birth parent may sign a release of information, which shall be filed in the records of the licensed child-placing agency conducting the investigation under RSA 170-B:14, authorizing the agency to release identifying information to an adult adoptee [over 21 years of age] who wishes to contact a [natural] birth parent. A separate form for the release of identifying information shall be signed by each [natural] birth parent. A [natural] birth parent may, at any time, revoke or amend such release of information. The person signing the release of information or its revocation, or the person’s agent, shall file a copy of such release or revocation with the child-placing agency, if any, and the court in which the adoption petition was filed. The release of information shall contain the social security number of the birth parent. The social security number shall be used only for purposes of locating the birth parent and shall not be otherwise released.

II-c. When an agency receives a request by an adult adoptee [over 21 years of age], the agency shall, if a release of information has been signed and has not been revoked, release identifying information to the adult adoptee. The agency shall only release identifying information about a [natural] birth parent if that [natural] birth parent has:

(a) Signed a release; and

(b) Been contacted, if possible, by the agency, and reaffirmed the [natural] birth parent’s desire to be contacted.

II-d. When an agency receives a request by an adult adoptee [over 21 years of age], or a [natural] birth parent of an adult adoptee [over 21 years of age], if no release of information has been signed, the agency may, after review of its records, attempt to contact the [natural] birth parent, or adult adoptee [over 21 years of age], to ascertain if they desire to release identifying information. If a [natural] birth parent who has consented to the adoption, or relinquished his or her parental rights to a child-placing agency, or whose parental rights were terminated pursuant to RSA 170-C, and the adult adoptee [over 21 years of age] agree to the release of identifying information, the agency shall release it. If the parties do not agree, or if they cannot be contacted, the adult adoptee [over 21 years of age], a [natural] birth parent, or the agency may petition the court having jurisdiction for the release of identifying information. The agency shall file a report of the agency’s action with the court. The court shall on its own motion or on request of any party hold a hearing on the issue of releasing identifying information. The agency involved shall receive notice of the hearing and be entitled to participate in any hearing under this section.

III. Any person violating this section shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.

IV. Nothing contained in this section shall prevent the department or the child placing agency from sharing with the adoptive parents all information it has available about the child being placed for adoption. The department or the child placing agency shall delete any information which would tend to identify a [natural] birth parent.

V. Upon written application by an adult adoptee who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting period identical to those imposed upon non-adopted citizens of the state.

99:3 Reference Change from Natural Parent to Birth Parent. Amend the following RSA provisions by replacing “natural parent” with “birth parent”: RSA 86:5-a, I; 170-B:1; 170-B:10-a; 170-B:14; 170-B:15; 170-B:20; 170-B:22; 186-C:14, II; 186-C:14-a; 458:17-d.

99:4 Effective Date. This act shall take effect January 1, 2005.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, May 12, 2004)

(Effective Date: January 1, 2005)

MAINE
LB 1084
(The Maine link is acting up. If you can’t go to it directly try http://janus.state.me.us/legis/ and type in 1084 for bill status.

An Act To Provide Adult Adoptees Access to Their Original Birth Certificates
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 18-A MRSA §9-310, first ¶, as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:

Notwithstanding any other provision of law and except as provided in Title 22, section 2768, all Probate Court records relating to any adoption decreed on or after August 8, 1953 are confidential. The Probate Court shall keep records of those adoptions segregated from all other court records. If a judge of probate court determines that examination of records pertaining to a particular adoption is proper, the judge may authorize that examination by specified persons, authorize the register of probate to disclose to specified persons any information contained in the records by letter, certificate or copy of the record or authorize a combination of both examination and disclosure.

Sec. 2. 22 MRSA §2765, sub-§2-A, ¶C, as amended by PL 2001, c. 574, §24, is further amended to read:
C. When a new certificate of birth is established following adoption or legitimation, it must be substituted for the original certificate of birth. After that substitution, the original certificate of birth and the evidence of adoption are not subject to inspection except upon order of the Probate Court or the Superior Court or pursuant to section 2768. The application for legitimation may be released to persons listed on the original birth certificate upon completion of written application to the State Registrar of Vital Statistics or the registrar’s designee.

Sec. 3. 22 MRSA §2765, sub-§5, as amended by PL 1979, c. 168, §2, is further amended to read:
5. Copies of original certificate. When the new certificate of birth is established, the state registrar shall provide each municipal clerk who is required by law to have a copy of the certificate of birth on file with a copy of the new certificate of birth. In the case of a Maine certificate of birth established for a person born in a foreign country, a copy of the certificate shall must be provided to and shall must be maintained on file by the clerk of the municipality where the adoptive parents resided on the date of the adoption. All copies of the original certificate in the custody of any municipal clerk shall must be sealed from inspection , except as provided in section 2768, or surrendered to the state registrar as he shall direct the state registrar directs.

Sec. 4. 22 MRSA §2768 is enacted to read:

§ 2768. Access to original birth certificate by adopted person

An adopted person, the adopted person’s attorney or, if the adopted person is deceased, the adopted person’s descendants may obtain a copy of that person’s original certificate of birth from the State Registrar of Vital Statistics, referred to in this section as “the state registrar,” in accordance with this section.
1. Requirements. The adopted person must be at least 18 years of age and have been born in this State.
2. Application. The adopted person must file a written application with and provide appropriate proof of identification to the state registrar.
3. Issuance of birth certificate and forms. Upon receipt of the written application and proof of identification pursuant to subsection 2 and fulfillment of the requirements of subsection 4, the state registrar shall issue a noncertified copy of the unaltered original certificate of birth to the applicant. If a contact preference or medical history form has been completed and submitted to the state registrar pursuant to section 2769, the state registrar also must provide that information.
4. Fees; waiting period. The state registrar may require a waiting period and impose a fee for the noncertified copy provided pursuant to subsection 3. The fees and waiting period imposed under this subsection must be identical to the fees and waiting period generally imposed on persons seeking their own birth certificates.
5. Forms; rules. The state registrar shall develop by rule the application form as required by this section and may adopt other rules for the administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 5. 22 MRSA §2769 is enacted to read:

§ 2769. Contact preference and medical history forms

The State Registrar of Vital Statistics shall provide upon request each birth parent a contact preference form and a medical history form as described in this section.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Adoptee” means the person who is the subject of a birth certificate.
B. “Birth parent” means the person who is the biological parent of an adoptee and who is named as the parent on the original birth certificate of the adoptee.
C. “Contact preference form” means the form developed by the state registrar pursuant to subsection 3.
D. “Medical history form” means the form developed by the state registrar pursuant to subsection 2.
E. “State registrar” means State Registrar of Vital Statistics.
2. Medical history form. The state registrar shall develop and distribute upon request to birth parents a medical history form. A birth parent may use this form to describe the medical history of the birth parent. A birth parent shall fill out a medical history form if that birth parent fills out a contact preference form.
3. Contact preference form. The state registrar shall develop a contact preference form on which a birth parent may state a preference regarding contact by an adoptee. The form must contain the following statements from which the birth parent may choose only one.
A. “I would like to be contacted. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics.”
B. “I would prefer to be contacted only through an intermediary. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics.”
C. “I would prefer not to be contacted. I may change this preference by filling out another contact preference form. I have completed this contact preference form and a medical history form and am filing them with the State Registrar of Vital Statistics.”
4. Attachment of forms to birth certificate; treatment. Upon receipt of a completed contact preference form or medical history form, the state registrar shall attach the completed form to the original birth certificate of the adoptee. A completed contact preference form and medical history form have the same level of confidentiality as the original birth certificate.
5. Forms; rules. The state registrar shall develop by rule the forms as required by this section and may adopt other rules for the administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 6. Effective date. This Act takes effect January 1, 2009.

summary

This bill establishes a process by which an adult adopted person may obtain a copy of that person’s original, unaltered birth certificate. This bill also allows a birth parent to include with the child’s original birth certificate a form that indicates whether the parent wishes to be contacted by the child and a medical history form.