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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
adoption; original birth certificate; release
Purpose
Requires the State Registrar (Registrar), beginning January 1, 2022, to provide a copy of an original birth certificate that was sealed due to an adoption to an adoptee who meets specified criteria. Appropriates $1,000,000 to the Department of Health Services (DHS) for implementation of outlined birth certificate and related documentation requirements.
Background
The Bureau of Vital Records within DHS is responsible for maintaining and issuing certified copies of vital records, including birth and death certificates for events that occur in Arizona. The Director of DHS serves as the Registrar and custodian of vital records in Arizona and determines the acceptability and completeness of submitted certificates. Statute requires the Registrar to seal a certificate and related evidentiary documents when a registered certificate is amended and restricts the Registrar from issuing a copy of a certificate or other sealed record unless the issuance is required by court order (A.R.S. §§ 36-302 and 36-322).
H.B. 2070 appropriates $1,000,000 from the state General Fund to DHS for the implementation of requirements regarding original birth certificate copies and related documentation.
Provisions
1. Directs the Registrar, beginning January 1, 2022, to provide an individual with their original birth certificate that has been sealed due to adoption along with any evidence of adoption held with the original birth certificate, if the individual meets all of the following criteria:
a) is at least 18 years old;
b) was born in Arizona; and
c) submits a written request to the Registrar for a copy of the original birth certificate.
2. Specifies that the copy of the original birth certificate must clearly indicate that it is not a certified copy and is prohibited from use for legal purposes.
3. Asserts that all prescribed fees and procedures prescribed for obtaining a copy of an original birth certificate are applicable.
4. Requires the Registrar to create a contact preference form and a medical history form to be optionally filled out by a birth parent and kept with the original birth certificate.
5. Prescribes information that must be included in the contact preference form.
6. Asserts that the contact preference form and medical history form are confidential.
7. Requires the Registrar to provide the contact preference and medical history forms to an individual who receives the original birth certificate.
8. Directs a birth parent to submit the following to the agency, division or attorney who assists in a direct placement adoption at the time consent for adoption is obtained:
a) a notarized statement acknowledging that the adoptee is authorized to obtain a copy of their original birth certificate when the adoptee is 18 years old; and
b) the prescribed contact preference form.
9. Directs the court, when possible, to obtain a notarized statement from a birth parent upon a termination of parental rights (TPR) that:
a) acknowledges that the subject of the TPR proceeding is authorized to obtain a copy of their original birth certificate when they are 18 years old; and
b) grants or denies consent for the subject of the TPR proceeding to review adoption records, if applicable, when the person is 18 years old.
10. Prohibits the Registrar from keeping a copy of the contact preference form or medical history form.
11. Permits a birth parent to file an amended contact preference form or medical history form with the Registrar.
12. Obligates DHS to publicize the aforementioned requirements.
13. 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 legislation.
14. Appropriates $1,000,000 to DHS for implementation of this legislation.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date, with a delayed effective date as noted.
House Action
JUD 1/27/21 DPA 10-0-0-0
3rd Read 2/9/21 59-0-0-0-1
Prepared by Senate Research
March 1, 2021
CRS/kja