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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
House: HHS DPA 9-0-0-0 |
HB 2600: adoption; original birth certificate; release
Sponsor: Representative Roberts, LD 11
Caucus & COW
Overview
Outlines provisions for the State Registrar (Registrar) to provide an original copy of the birth certificate that has been sealed due to adoption.
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 the Registrar to provide an
individual a copy of their original birth certificate that has been sealed due
to an adoption and to provide 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. 4)
2. 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. 4)
3. Stipulates the fees and procedures that apply to obtaining a copy of a registered certificate apply to an original birth certificate. (Sec. 4)
4. Requires the Registrar to develop a contact preference form which may be filled out by a birth parent and kept with the original birth certificate. (Sec. 4)
5. States the contact preference form must indicate if the birth parent wants to do any of the following:
a) Be contacted by the individual who receives the copy of the original birth certificate;
b) Be contacted only through an intermediary; or
c) Not be contacted. (Sec. 4)
6. Requires the preference form to indicate if the birth parent has completed and filed with the Registrar a medical history form. (Sec. 4)
7. Directs the Registrar to develop a medical history form which may be completed by a birth parent. (Sec. 4)
8. Mandates that the contact preference form and medical history form are confidential. (Sec. 4)
9. Requires the Registrar to seal the forms and retain them with the original birth certificate if the birth parent files the forms. (Sec. 4)
10. Requires the forms to be given to the individual who receives the original birth certificate. (Sec. 4)
11. Prohibits the Registrar from keeping a copy of the contact preference form or the medical history form. (Sec. 4)
12. Allows a birth parent to file an amended contact preference form or medical history form with the Registrar. (Sec. 4)
13. Makes technical changes. (Sec. 1, 2 and 3)
Amendments
Committee on Health and Human Services
1. Stipulates that an agency, the Department of Child Safety (DCS) or an attorney participating or assisting in a direct placement adoption must obtain a notarized statement from the birth parent that when the child being adopted reaches the age of 18, the child may obtain a copy of their original birth certificate.
2. Requires the birth parent, in addition to the above-mentioned provision, to submit the contact preference form to the agency, DCS or attorney for filing with the court.
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 pursuant to a court order that includes the contact preference form.
4. Adds requirements to the contact preference form.
5. Requires the Department of Health Services to publicize the new requirements.
6. Requires the Registrar to implement this new section from and after December 31, 2020.
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HB 2600
Initials IG/AG Page 0 Caucus & COW
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