2004 SESSION

04-3033

05/01

SENATE BILL 335

COMMITTEE: Public Institutions, Health and Human Services

ANALYSIS

This bill permits adult adoptees to obtain a copy of their original, unaltered birth certificate. It also permits a birth parent to express his or her preference regarding contact with the adoptee by filing a contact preference form with the registrar of vital records.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3033

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

Be it Enacted by the Senate and House of Representatives in General Court convened:

99:1 Disclosure of Information from Vital Records; Access to Original Birth Certificate by Adult Adoptees. Amend the introductory paragraph of RSA 5-C:16 and RSA 5-C:16, I and II to read as follows:

5-C:16 Disclosure of Information from Vital Records. In order to protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, the registrar or the custodian of permanent local records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant has a direct and tangible interest in such record. [However, under no circumstance shall any information relative to any adoption be disclosed or given out by the registrar or custodian of permanent local records or any other individual except pursuant to RSA 170-B:19, II.]

I. Upon written application by an adult adoptee, who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those imposed upon non-adopted citizens of the state.

I-a. The registrar shall prescribe and, upon request, shall make available to each birth parent named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such a request, the registrar shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the registrar.

I-b. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:

(a) I would like to be contacted. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

(b) I would prefer to be contacted only through an intermediary. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

(c) I would prefer not to be contacted at this time. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.

I-c. When the registrar receives a complete contact preference form and a completed medical history form from a birth parent, the registrar shall match the contact preference form and the updated medical history form with the adoptee’s sealed birth certificate. The contact preference form and the updated medical history form shall then be attached to the adoptee’s sealed certificate.

I-d. Only a person authorized by the registrar to process an application made under paragraph I may process a contact preference form and an updated medical history form.

I-e. The [registrant] applicant, a member of his or her immediate family, his or her guardian, or respective legal representatives shall be considered to have a direct and tangible interest for purposes of this section. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.

II. The term “legal representative” shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the [registrant] applicant or his or her family.

99:2 Adoption; Confidentiality of Records; Access to Birth Certificate by Adult Adoptees. Amend RSA 170-B:19 to read as follows:

170-B:19 Confidentiality of Records. Notwithstanding any other law concerning public hearings and records:

I. All hearings held in adoptive proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties.

II. All papers and records, [including] excluding birth certificates, pertaining to the adoption, whether part of the permanent record of the court or of a file in the division, in an agency or office of the town clerk or the division of vital records administration are subject to inspection only upon written consent of the court for good cause shown, except as otherwise provided in this section. Except as provided in paragraph V, upon the request of an adult adoptee [over 21 years of age], or a [natural] birth parent of an adult adoptee [over 21 years of age], for information concerning the adult adoptee or [natural] birth parent, the court shall refer the adult adoptee or [natural] birth parent to the child-placing agency which completed the investigation required under RSA 170-B:14.

II-a. Upon the request of an adult adoptee [over 21 years of age], or an adoptive parent, the department or agency involved in the adoption shall release information relating to the health history of the [natural] birth parent and blood relatives, or, non-identifying background information of the [natural] birth parent and blood relatives on forms approved by the department. The department or the agency shall delete any information from the health history or background which would tend to identify a [natural] birth parent.

II-b. Upon the signing of a relinquishment or consent, or at a later time, a [natural] birth parent may sign a release of information, which shall be filed in the records of the licensed child-placing agency conducting the investigation under RSA 170-B:14, authorizing the agency to release identifying information to an adult adoptee [over 21 years of age] who wishes to contact a [natural] birth parent. A separate form for the release of identifying information shall be signed by each [natural] birth parent. A [natural] birth parent may, at any time, revoke or amend such release of information. The person signing the release of information or its revocation, or the person’s agent, shall file a copy of such release or revocation with the child-placing agency, if any, and the court in which the adoption petition was filed. The release of information shall contain the social security number of the birth parent. The social security number shall be used only for purposes of locating the birth parent and shall not be otherwise released.

II-c. When an agency receives a request by an adult adoptee [over 21 years of age], the agency shall, if a release of information has been signed and has not been revoked, release identifying information to the adult adoptee. The agency shall only release identifying information about a [natural] birth parent if that [natural] birth parent has:

(a) Signed a release; and

(b) Been contacted, if possible, by the agency, and reaffirmed the [natural] birth parent’s desire to be contacted.

II-d. When an agency receives a request by an adult adoptee [over 21 years of age], or a [natural] birth parent of an adult adoptee [over 21 years of age], if no release of information has been signed, the agency may, after review of its records, attempt to contact the [natural] birth parent, or adult adoptee [over 21 years of age], to ascertain if they desire to release identifying information. If a [natural] birth parent who has consented to the adoption, or relinquished his or her parental rights to a child-placing agency, or whose parental rights were terminated pursuant to RSA 170-C, and the adult adoptee [over 21 years of age] agree to the release of identifying information, the agency shall release it. If the parties do not agree, or if they cannot be contacted, the adult adoptee [over 21 years of age], a [natural] birth parent, or the agency may petition the court having jurisdiction for the release of identifying information. The agency shall file a report of the agency’s action with the court. The court shall on its own motion or on request of any party hold a hearing on the issue of releasing identifying information. The agency involved shall receive notice of the hearing and be entitled to participate in any hearing under this section.

III. Any person violating this section shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.

IV. Nothing contained in this section shall prevent the department or the child placing agency from sharing with the adoptive parents all information it has available about the child being placed for adoption. The department or the child placing agency shall delete any information which would tend to identify a [natural] birth parent.

V. Upon written application by an adult adoptee who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting period identical to those imposed upon non-adopted citizens of the state.

99:3 Reference Change from Natural Parent to Birth Parent. Amend the following RSA provisions by replacing “natural parent” with “birth parent”: RSA 86:5-a, I; 170-B:1; 170-B:10-a; 170-B:14; 170-B:15; 170-B:20; 170-B:22; 186-C:14, II; 186-C:14-a; 458:17-d.

99:4 Effective Date. This act shall take effect January 1, 2005.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, May 12, 2004)

(Effective Date: January 1, 2005)