Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Children & Family Services Committee

HB 1351

Brief Description:  Disclosing adoption information.

Sponsors:  Representatives Campbell, Grant, Darneille, Boldt and Miloscia.

Brief Summary of Bill

$Requires the disclosure of nonidentifying information if there is a written request by an adoptive parent, adoptee or birth parent.

$Requires the Department of Health (DOH) to provide a requesting adoptee over the age of 18 with a noncertified copy of the his or her original birth certificate unless the birth parent has filed an affidavit of nondisclosure.

Hearing Date:  2/22/01

Staff:  Tracey Taylor (786‑7196).

Background: 

Under current law, adoption proceeding records are sealed and can only be opened for good cause or by a confidential intermediary.

An adoptee over the age of 21, or with adoptive parent permission if the adoptee is not over age 21, or a birth parent or a member of a birth parent=s immediate family if the adoptee has reached age 21, may petition a court to appoint a confidential intermediary. The confidential intermediary will search and discreetly contact the birth parents or adoptee.  Upon locating the adoptee or birth parent, the confidential intermediary must obtain consent to disclose his or her current identity.

If the adoptee or birth parent cannot be found within one year, the court may order that the search may be continued for a specified amount of time or be terminated.  In a search exceeding a year, a confidential intermediary may attempt to locate members of the birth or adoptive family.  If the person being sought is deceased, the court can order disclosure of the person=s identity.

Under written request from an adoptive parent, adoptee or a birth parent, nonidentifying information from department, agency or court files may be disclosed.

If an adoption was finalized after October 1, 1993, and the adoptee has had his or her 18th birthday, the DOH must make available a noncertified copy of the adoptee=s original birth certificate.  However, if the birth parent has filed an affidavit of nondisclosure, the DOH must not provide a noncertified copy of the original birth certificate.

Summary of Bill: 

If there is a written request by an adoptive parent, adoptee or birth parent, nonidentifying information in the department, agency or court files must be disclosed.

If any adoptee over the age of 18 years makes a request, the DOH must provide the adoptee with a noncertified copy of the adoptee=s original birth certificate unless the birth parent has filed an affidavit of nondisclosure.

Appropriation:  None.

Fiscal Note:  Requested on February 19, 2001.

Effective Date:  The bill takes effect on July 1, 2002.