ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: HHS DPA 9-0-0-0

HB 2600: adoption; original birth certificate; release

Sponsor:  Representative Roberts, LD 11

House Engrossed

Overview

Outlines provisions for the State Registrar (Registrar) to provide an original copy of the birth certificate that has been sealed due to adoption. Appropriates $1,000,000 from the state General Fund (GF) in fiscal year (FY) 2021 to the Arizona Department of Health Services (DHS) to implement the new requirements.

History

Current law requires the Registrar to seal a certificate and evidentiary documents when the Registrar amends the registered certificate. Unless required by a court order, the Registrar may not issue a copy of a certificate or other sealed record. (A.R.S. § 36-322)

Provisions

1.    Requires an agency, the Department of Child Safety (DCS) or an attorney participating or assisting in a direct placement adoption to obtain a notarized statement that acknowledges when the child being adopted reaches the age of 18, they may obtain a copy of their original birth certificate and submit a contact preference form for filing with the court. (Sec. 1)

2.    Requires the court when terminating parental rights to obtain a notarized statement from the birth parent that does both of the following:

a)    Acknowledges that when the person reaches 18, they may obtain a copy of their original birth certificate; and

b)    Grants or withholds consent for a person to review their adoption records when the person reaches 18 rather than 21. (Sec. 3)

3.    States that for an adoption of a person born in this state, a state court must submit to the Registrar an adoption certificate on a form approved by the Registrar or by a court order that includes the contact preference form. (Sec. 5)

4.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Registrar by January 1, 2021, to provide an individual a copy of their original birth certificate that has been sealed due to an adoption and any evidence of the adoption that is held with the original birth certificate, if all of the following are true:

a)    The individual is at least 18 years of age;

b)    The individual was born in this state; and

c)    The individual submits to the Registrar a written request to receive a copy of the original birth certificate. (Sec. 7)

5.    Stipulates that the copy of the original birth certificate must clearly indicate that it is not a certified copy and that it may not be used for legal purposes. (Sec. 7)

6.    States the fees and procedures that apply to obtaining a copy of a registered certificate also apply to an original birth certificate. (Sec. 7)

7.    Requires the Registrar to develop a contact preference form to be filled out by a birth parent, at their option, and kept with the original birth certificate. (Sec. 7)

8.    States the contact preference form must do all of the following:

a)    Indicate if the birth parent wants to:

i.      Be contacted by the individual who receives the copy of the original birth certificate and if selected, include their current name, address, telephone number and any other contact information;

ii.     Be contacted only through an intermediary and if selected, include the intermediary's name and telephone number;

iii.    Not be contacted and if selected, the birth parent may change the contact preference by filling an amended contact preference form; and

b)    Indicate if the birth parent has completed and filed with the Registrar a medical history form that includes:

i.      The name of the child on the original birth certificate;

ii.     The date of birth and sex of the child;

iii.    The city or town, county and name of the hospital in which the child was born;

iv.   The mother's name as shown on the original birth certificate;

v.     The name of the agency or attorney that placed the child for adoption or that the department placed the child for adoption; and

vi.   Whether the person filing out the form is the birth mother or birth father of the child. (Sec. 7)

9.    Directs the Registrar to develop a medical history form to be completed by a birth parent at their option. (Sec. 7)

10.  Mandates that the contact preference form and medical history form are confidential. (Sec. 7)

11.  Requires the Registrar to seal the forms and retain them with the original birth certificate if the birth parent files the forms. (Sec. 7)

12.  Requires the forms to be given to the individual who receives the original birth certificate and prohibits the Registrar from keeping any copies. (Sec. 7)

13.  Allows a birth parent to file an amended contact preference form or medical history form with the Registrar. (Sec. 7)

14.  Requires the DHS to publicize the new requirements. (Sec. 7)

15.  Appropriates $1,000,000 from the state GF in FY 2021 to DHS to implement the new requirements. (Sec. 8)

16.  Makes technical changes and conforming changes. (Sec. 1 through 7)

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20.                    HB 2600

21.  Initials IG/AG        Page 0 House Engrossed

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