STATE OF CONNECTICUT Raised Bill No. 522 Page 1 Referred to Committee on JUDICIARY LCO No. 2319 Introduced by (JUD) General Assembly February Session, A.D., 1998 AN ACT CONCERNING ADOPTION RIGHTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 7-53 of the general statutes is repealed and the following is substituted in lieu thereof: Upon receipt of the record of adoption referred to in subsection (e) of section 45a-745 or of other evidence satisfactory to the Department of Public Health that a person born in this state has been adopted, said department shall prepare a new birth certificate of such adopted person. Such new birth certificate shall include all the information required to be set forth in a certificate of birth of this state as of the date of birth, except that the adopting parents shall be named as the parents instead of the genetic parents and, when a certified copy of the birth of such person is requested by an authorized person, a copy of the new certificate of birth as prepared by the department shall be provided, except that the registrar of vital statistics of any town in which the birth of such person was recorded or the Department of Public Health [may] SHALL issue a certified copy of the original certificate of birth on file, marked with a notation by the issuer that such original certificate of birth has been superseded by a new certificate of birth as on file, [or may] AND SHALL permit the examination of such record (1) BY ANY ADOPTED OR ADOPTABLE PERSON EIGHTEEN YEARS OF AGE OR OLDER, OR (2) upon a written order, in accordance with the provisions of section 45a-751, signed by the judge of the probate court for the district in which the adopted person was adopted or born or upon written order of the Probate Court in accordance with the provisions of section 45a-752, stating that the court is of the opinion that the examination of the birth record of the adopted person by the adopting parents, [or the adopted person, if over eighteen years of age,] or by the person wishing to examine the same or that the issuance of a copy of such birth certificate to the adopting parents [, adopted person, if over eighteen years of age] or to the person applying therefor will not be detrimental to the public interest or to the welfare of the adopted person or to the welfare of the genetic or adoptive parent or parents. Immediately after a new certificate of birth has been prepared, an exact copy of such certificate, together with a written notice of the evidence of adoption, shall be transmitted by the department to the registrar of vital statistics of each town in this state in which the birth of the adopted person is recorded. The new birth certificate, the original certificate of birth on file and the evidence of adoption shall be filed and indexed, under such regulations as the Department of Public Health makes to carry out the provisions of this section and to prevent access to the records of birth and adoption and the information therein contained without due cause, except as herein provided. Any person, except such parents or adopted person, who discloses any information contained in such records, except as herein provided, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. Whenever a certified copy of an adoption decree from a court of a foreign country, having jurisdiction of the adopted person, is filed with the Department of Public Health under the provisions of this section, such decree, when written in a language other than English, shall be accompanied by an English translation, which shall be subscribed and sworn to as a true translation by an American consulate officer stationed in such foreign country. Sec. 2. Section 45a-744 of the general statutes is repealed and the following is substituted in lieu thereof: It is the policy of the state of Connecticut to make available to adopted and adoptable persons who are adults (1) information concerning their background and status; to give the same information to their adoptive parent or parents; and, in any case where such adult persons are deceased, to give the same information to their adult descendants, [including] AND adopted descendants [except] INCLUDING ACCESS TO, AND a copy of, their original birth certificate as provided by section [7-51] 7-53, AS AMENDED BY SECTION 1 OF THIS ACT, AND THEIR PROBATE COURT ADOPTION FILES; (2) to provide for [consensual] release of additional information TO THE ADULT ADOPTED OR ADOPTABLE PERSONS which may identify the biological parents or relatives of such adult adopted or adoptable persons; [when release of such information is in the best interests of such persons;] (3) except as provided in subdivisions (4) and (5), to protect the right to privacy of all parties to termination of parental rights, statutory parent and adoption proceedings; (4) to make available to any biological parent of an adult adopted or adult adoptable person, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, information which would tend to identify such adult adopted or adult adoptable person; and (5) to make available to any adult biological sibling of an adult adopted or adult adoptable person information which would tend to identify such adult adopted or adult adoptable person. Sec. 3. Subsection (e) of section 45a-746 of the general statutes is repealed and the following is substituted in lieu thereof: (e) None of the information provided for in this section shall be made available if it is of such a nature that it would tend to identify a biological parent or parents of the adopted person, except as provided in sections 45a-750, 45a-751, 45a-751a, 45a-751b, [and] AS AMENDED BY SECTION 4 OF THIS ACT, 45a-753 AND 45a-754, AS AMENDED BY SECTION 5 OF THIS ACT. Sec. 4. Section 45a-751b of the general statutes is repealed and the following is substituted in lieu thereof: (a) [If] EXCEPT AS PROVIDED IN SECTION 45a-754, AS AMENDED BY SECTION 5 OF THIS ACT, IF parental rights were terminated on or after October 1, 1995, any information tending to identify the adult adopted or adoptable person, a biological parent, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, or adult biological sibling shall not be disclosed unless written consent is obtained from the person whose identity is being requested. (b) [If] EXCEPT AS PROVIDED IN SECTION 45a-754, AS AMENDED BY SECTION 5 OF THIS ACT, IF parental rights were terminated on or before September 30, 1995, (1) any information tending to identify the biological parents, including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights, shall not be disclosed unless written consent is obtained from each biological parent who was party to such proceedings and (2) identifying information shall not be disclosed to a biological parent, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, without the written consent of each biological parent who was a party to such proceedings and the consent of the adult adopted or adoptable person whose identity is being requested. (c) If the whereabouts of any person whose identity is being sought are unknown, the court shall appoint a guardian ad litem pursuant to subsection (c) of section 45a-753. (d) When the authorized applicant requesting identifying information has contact with a biological sibling who is a minor, identifying information shall not be disclosed unless consent is obtained from the adoptive parents or guardian or guardian ad litem of the sibling. (e) Any information tending to identify any adult relative other than a biological parent shall not be disclosed unless written consent is obtained from such adult relative. The consent of any biological parents common to the person making the request and the person to be identified shall be required unless (1) the parental rights of such parents have been terminated and not reinstated, guardianship has been removed and not reinstated or custody has been removed and not reinstated with respect to such adult relative or (2) the adoption was finalized on or after June 12, 1984. No consent shall be required if the person to be identified is deceased. If the person to be identified is deceased, the information that may be released shall be limited as provided in subsection (e) of section 45a-753. (f) Any adult person for whom there is only removal of custody or removal of guardianship as specified in subsection (b) of section 45a-750 may apply in person or in writing to the child-placing agency, the department, the court of probate or the superior court which has the information. Such information shall be made available within sixty days of receipt of such request unless the child-placing agency, department or court notifies the person requesting the information that it cannot be made available within sixty days and states the reason for the delay. If the person making such request is a resident of this state and it appears that counseling is advisable with release of the information, the child-placing agency or department may request that the person appear for an interview. If the person making such request is not a resident of this state, and if it appears that counseling is advisable with release of the information, the child-placing agency, department or court may refer the person to an out-of-state agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children. If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the applicant, provided such information shall not be released unless the out-of-state child-placing agency or department is satisfied as to the identity of the person. Sec. 5. Subsection (d) of section 45a-754 of the general statutes is repealed and the following is substituted in lieu thereof: (d) Access to such records shall be in accordance with sections 45a-743 to 45a-753, inclusive, AS AMENDED BY THIS ACT, PROVIDED SUCH RECORDS SHALL BE DISCLOSED TO AN ADULT ADOPTED OR ADOPTABLE PERSON UPON REQUEST. The records may also be disclosed upon order of the judge of probate to a petitioner who requires such information for the health or medical treatment of any adopted person. If such information is so required and is not within the records, the biological parent or parents or blood relatives may be contacted in accordance with the procedures in said section 45a-753. STATEMENT OF PURPOSE: To permit adult adopted and adoptable persons access to their original birth certificates and probate court adoption files and records. [Proposed deletions are enclosed in brackets. Proposed additions are all capitalized or underlined where appropriate, except that when the entire text of a bill or resolution or a section thereof is new, it is not capitalized or underlined.]