SSB 5118 -
By Senators Carrell, Rivers
PULLED 03/11/2013
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 26.33.345 and 1993 c 81 s 3 are each amended to read
as follows:
(1) The department of social and health services, adoption
agencies, and independent adoption facilitators shall release the name
and location of the court where a relinquishment of parental rights or
finalization of an adoption took place to an adult adoptee, a birth
parent of an adult adoptee, an adoptive parent, a birth or adoptive
grandparent of an adult adoptee, or an adult sibling of an adult
adoptee, or the legal guardian of any of these.
(2) The department of health shall make available a noncertified
copy of the original birth certificate of a child to the child's birth
parents upon request.
(3)(a) For adoptions finalized after October 1, 1993, the
department of health shall make available a noncertified copy of the
original birth certificate to ((the adoptee after the adoptee's
eighteenth birthday unless the birth parent has filed an affidavit of
nondisclosure)) an adopted person eighteen years of age or older upon
request, unless the birth parent has filed an affidavit of
nondisclosure filed before the effective date of this section or a
contact preference form that indicates he or she prefers not to be
contacted.
(b) For adoptions finalized on or before October 1, 1993, the
department of health may not make available the original birth
certificate to the adopted person for inspection or copying until after
June 30, 2014. After June 30, 2014, the department of health shall
make available a noncertified copy of the original birth certificate to
an adopted person eighteen years or older upon request, unless the
birth parent has filed a contact preference form that indicates he or
she prefers not to be contacted.
(4)(a) Regardless of whether a birth parent has filed an affidavit
of nondisclosure or when the adoption was finalized, a birth parent may
at any time complete a contact preference form stating his or her
preference about personal contact with the adopted person, which, if
available, must accompany a birth certificate issued under subsection
(3) of this section.
(b) The contact preference form must include the following options:
(i) I would like to be contacted;
(ii) I would like to be contacted only through a confidential
intermediary as described in RCW 26.33.343; and
(iii) I prefer not to be contacted and have also completed the
birth parent updated medical history form.
(c) If the birth parent indicates he or she prefers not to be
contacted, personally identifying information on the contact preference
form must be kept confidential and may not be released.
(5) If a birth parent files a contact preference form, the birth
parent must also file a medical history form with the department of
health. Upon request of the adopted person, the department of health
must provide the adoptee with the medical history form filed by the
adoptee's birth parent.
(6) Both a completed contact preference form and birth parent
updated medical history form are confidential and must be placed in a
secure file until a match with the adopted person's file is made. Once
a match is made, the forms must be placed in the adopted person's
sealed file.
(7) If the contact preference form is filed within six months of
the first time an adopted person requests a copy of his or her original
birth certificate as provided in subsection (3) of this section, the
department of health must forward the form to the address of the
adopted person. If applicable, the department of health must also
forward the birth parent updated medical history form to the address of
the adopted person.
(8) The department of health may charge a fee not to exceed twenty
dollars for providing a noncertified copy of a birth certificate to an
adoptee.
(9) The department of health must create the contact preference
form and medical history form. The contact preference form must
provide a method to ensure personally identifying information can be
kept confidential. The medical history form may not require the birth
parent to disclose any identifying information about the birth parent."
SSB 5118 -
By Senators Carrell, Rivers
PULLED 03/11/2013
On page 1, line 2 of the title, after "finalization;" strike the remainder of the title and insert "and amending RCW 26.33.345."
EFFECT: Maintains current law regarding access to birth records
for adoptions finalized after October 1, 1993, but prior to June 30,
2014.
After June 30, 2014, all adoptees will be able to access
noncertified copies of their original birth records unless the birth
parent has filed an affidavit of nondisclosure before the effective
date of this act or contact preference form stating that they do not
want to be contacted.
Modifies an option on the contact preference form.
States that a contact preference form can be filed at any time,
regardless of the date of the adoptions.
If a birth parent files a contact preference form, the birth parent
must also file a medical history form.
The medical history form must be provided to the adoptee upon
request.
The department of health must create a contact preference form and
medical history form. The affidavit of nondisclosure form must have
the birth parent's social security number.