ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session

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HB 2921: adoption; original birth certificate; release (Substituted for SB 1831)

Sponsor:  Representative Roberts, LD 11

House Engrossed

HB 2921 originally passed the House as HB 2070 and was one of 22 bills recently vetoed by the Governor.

Committee on Judiciary

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

Senate: HHS DP 7-0-1-0 | 3^rd Read 18-11-1-0

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. 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)

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18.                   HB 2921

19. Initials LC/PN      Page 0 House Engrossed

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