Vital records: adopted persons and original birth certificates.
The bill has significant implications for both adoptees and birth parents. On one hand, it aims to enhance the access that adopted individuals have to their personal histories, potentially aiding in family reunifications and identity formation. On the other hand, concerns are raised regarding the privacy of birth parents, particularly those who have opted to keep their identities confidential. Under the new provisions, birth parents who do not respond to notice will have their information disclosed unless otherwise specified, which raises questions about the adequacy of informed consent.
Assembly Bill 1302, introduced by Assembly Member Lackey, amends the Health and Safety Code to loosen restrictions on obtaining original unredacted birth certificates for adopted individuals. Effective January 1, 2025, adopted persons aged 18 and over will be able to petition for their original long-form birth certificates through the superior court. The bill also allows direct descendants of deceased adopted persons to request similar access. A standard form will be developed for birth parents to indicate their preference regarding the disclosure of their identifying information when such requests are made.
The general sentiment around AB 1302 is mixed. Supporters advocate for the rights of adopted individuals to know their origins and have access to their birth records, framing the bill as a necessary step toward transparency. However, opponents express worries over invasions of privacy, fearing that this could lead to situations where birth parents are unexpectedly revealed against their wishes. This sentiment emphasizes a tension between privacy rights and the right to information for adopted persons.
Notable points of contention center around the balance of rights between adopted individuals and birth parents. Critics argue that the approach taken by AB 1302 might undermine the confidentiality agreements that some birth parents relied upon when placing children for adoption. Additionally, the requirements for sending notices to birth parents, coupled with the potential for identifying information to be disclosed without explicit consent, have also sparked debates among advocacy groups representing both sides of the adoption spectrum.