ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DPA 10-0-0-0

HB 2070: 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 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. 4)

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. 4)

3.   Establishes that the fees and procedure of obtaining a copy of the original birth certificate are the same as those involved in obtaining a copy of a registered certificate. (Sec. 4)

4.   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. 4)

5.   Outlines that the contact preference form shall indicate the following:

a)   If the birth parent wants to be contacted by the person receiving the copy of the original birth certificate, contacted through an intermediary or does not want to be contacted; and

b)   If the birth parent has completed and filed a medical history form with the state registrar (Sec. 4)

6.   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. 4)

7.   Designates the contact preference form and medical history form as confidential. (Sec. 4)

8.   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. 4)

 

9.   Prohibits the Registrar from keeping a copy of the contact preference form or medical history form. (Sec. 4)

10.  Allows a birth parent to file an amended contact preference form or medical history form with the state registrar. (Sec. 4)

11.  Makes technical changes (Sec. 1)

12.  Makes conforming changes. (Sec. 1, 2, 3)

Amendments

Committee on Judiciary

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteOutlines requirements for the new contact preference form.

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

3.   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.

4.   Contains a delayed effective date of January 1, 2022.

5.   Appropriates $1,000,000 to the Department of Health Services for implementation.

6.    

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9.                     HB 2070

10. Initials LC/PN    Page 0           Caucus & COW

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