ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DPA 10-0-0-0 | 3rd Read 59-0-0-0


HB 2070: 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 to the Department of Health Services for implementation.

History

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

Provisions

1.   Requires the Registrar to provide a person with the person’s original birth certificate that has been sealed due to adoption along with any evidence of adoption held with the original birth certificate, if all of the following are true:

a)   The individual is at least 18 years old;

b)   The individual was born in Arizona; and

c)   Submits a written request to the state registrar for a copy of the original birth certificate. (Sec. 7)

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

3.   Directs the Registrar to create a contact preference form that is to be filled out by a birth parent at the birth parent’s discretion and will be kept with the original birth certificate. (Sec. 7)

4.   Outlines the requirements and information for the contact preference form. (Sec. 7)

5.   Instructs the Registrar to develop a medical history form that is to be completed by a birth parent at the birth parent’s discretion. (Sec. 7)

6.   Designates the contact preference form and medical history form as confidential. (Sec. 7)

7.   Mandates that the Registrar will seal the contact preference form and medical history form together and keep them with the original birth certificate to be given to the individual that receives the original birth certificate. (Sec. 7)

8.   Prohibits the Registrar from keeping a copy of the contact preference form or medical history form. (Sec. 7)

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

10.  Requires the Department of Health Services to publicize the new updates and requirements.

11.  Prohibits the release of a sealed birth certificate due to adoption if the person was born between June 21, 1968, and the effective date of this bill.

12.  Makes technical changes (Sec. 1)

13.  Makes conforming changes. (Sec. 1, 2, 3, 4, 5, 6)

14.  Contains a delayed effective date of January 1, 2022. (Sec. 7)

15.  Appropriates $1,000,000 from the state General Fund to the Department of Health Services for implementation. (Sec. 8)

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19.                    HB 2070

20.  Initials LC/PN      Page 0 House Engrossed

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