Connecticut Seal

General Assembly

 

Substitute Bill No. 5408

February Session, 2018

 

*_____HB05408APP___043018____*

AN ACT CONCERNING ACCESS TO ORIGINAL BIRTH RECORDS BY ADULT ADOPTED PERSONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsections (b) and (c) of section 7-53 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) Except as provided in subsection (c) of this section, [and section 45a-751c,] an original certificate of birth may only be issued if the person named in the certificate of birth is deceased and the person seeking to obtain such certificate of birth is an authorized applicant, as defined in section 45a-743. Any authorized applicant seeking to obtain a copy of the original certificate of birth shall first obtain a written court order issued in accordance with section 45a-751c, as amended by this act. Upon receipt of such court order, the department may issue an uncertified 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certificate of birth on file, marked with a notation by the issuer that such original certificate of birth has been superseded by a replacement certificate of birth as on file.

(c) Upon request, the department shall issue an uncertified copy of an original certificate of birth to (1) an adopted person who is eighteen years of age or older, [whose adoption was finalized on or after October 1, 1983,] or (2) such adopted person's adult child or grandchild. Such certificate shall be marked with a notation by the issuer that such original certificate of birth has been superseded by a replacement certificate of birth as on file. Additionally, a notice stating that information related to the birth parents' preferences regarding contact by such adopted person or such adopted person's adult child or grandchild and a medical health history form completed by the birth parent may be on file with the Department of Children and Families shall be printed on such certificate or attached thereto.

Sec. 2. Section 7-53a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Not later than January 1, [2016] 2019, and annually thereafter until January 1, [2021] 2024, the Commissioner of Public Health shall submit a report, in accordance with the provisions of section 11-4a, concerning the number of original birth certificates issued annually to adopted persons eighteen years of age or older [whose adoption was finalized on or after October 1, 1983,] or the adult children or grandchildren of adopted persons in accordance with section 7-53, as amended by this act, to the joint standing committee of the General Assembly having cognizance of matters relating to public health.

(b) Not later than January 1, [2016] 2019, and annually thereafter until January 1, [2021] 2024, the Commissioner of Children and Families shall submit a report, in accordance with the provisions of section 11-4a, concerning the number of contact preference forms and medical health history forms annually filed with the department in accordance with section 17a-60a to the joint standing committee of the General Assembly having cognizance of matters relating to public health. The report shall include the number of birth parents that selected each option described in section 17a-60a.

Sec. 3. Subsection (c) of section 45a-751b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(c) Regardless of the date parental rights were terminated, [on or after July 1, 2015,] the Department of Public Health shall, upon request, issue an uncertified copy of an original birth certificate to an adopted person eighteen years of age or older who is the subject of the birth certificate [and whose adoption was finalized on or after October 1, 1983,] or such adopted person's adult child or grandchild, in accordance with the provisions of section 7-53, as amended by this act.

Sec. 4. Section 45a-751c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

[(a) On the petition of an adopted person who is eighteen years of age or older and whose adoption was finalized prior to October 1, 1983, or such adopted person's adult child or grandchild, the Probate Court or the Superior Court that finalized an adoption or appointed a guardian ad litem in accordance with section 45a-753 shall issue an order directing the Department of Public Health to issue an uncertified copy of an original birth certificate to such adopted person or such adopted person's child or grandchild in accordance with subsection (b) of section 7-53, provided each birth parent named on the original birth certificate: (1) Consents to the release of identifying information in accordance with sections 45a-751 to 45a-751b, inclusive; (2) is deceased; or (3) a legal representative or guardian ad litem consents to the release of identifying information on behalf of the birth parent in accordance with section 45a-753. Nothing in this section shall limit the right of an adopted person eighteen years of age or older whose adoption was finalized on or after October 1, 1983, or such adopted person's adult child or grandchild to obtain an uncertified copy of an original birth certificate pursuant to section 7-53.]

[(b)] On the petition of an authorized applicant, as defined in section 45a-743, the Probate Court or the Superior Court that finalized an adoption or appointed a guardian ad litem in accordance with section 45a-753 shall issue an order directing the Department of Public Health to issue an uncertified copy of an original birth certificate to the authorized applicant in accordance with subsection (b) of section 7-53, as amended by this act, provided the person named in the certificate of birth is deceased and each birth parent named on the original birth certificate: (1) Consents to the release of identifying information, in accordance with sections 45a-751 to 45a-751b, inclusive, as amended by this act; (2) is deceased; or (3) a legal representative or guardian ad litem consents to the release of identifying information on behalf of the birth parent, in accordance with section 45a-753.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

7-53(b) and (c)

Sec. 2

July 1, 2018

7-53a

Sec. 3

July 1, 2018

45a-751b(c)

Sec. 4

July 1, 2018

45a-751c

JUD

Joint Favorable Subst. -LCO

 

APP

Joint Favorable