Connecticut 2021 Regular Session

Connecticut House Bill HB06105 Compare Versions

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Version 2 (New)

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4		-	House Bill No. 6105
	7	+	General Assembly Raised Bill No. 6105
	8	+	January Session, 2021
	9	+	LCO No. 1733
5	10
6		-	Public Act No. 21-21
	11	+
	12	+	Referred to Committee on PLANNING AND
	13	+	DEVELOPMENT
	14	+
	15	+
	16	+	Introduced by:
	17	+	(PD)
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9	21		AN ACT CONCERNING AC CESS TO ORIGINAL BIRTH
10	22		CERTIFICATES BY ADUL T ADOPTED PERSONS.
11	23		Be it enacted by the Senate and House of Representatives in General
12	24		Assembly convened:
13	25
14		-	Section 1. Subsections (b) and (c) of section 7-53 of the general statutes
15		-	are repealed and the following is substituted in lieu thereof (Effective July
16		-	1, 2021):
17		-	(b) Except as provided in subsection (c) of this section and section
18		-	45a-751c, as amended by this act, an original certificate of birth may only
19		-	be issued if the person named in the certificate of birth is deceased and
20		-	the person seeking to obtain such certificate of birth is an authorized
21		-	applicant, as defined in section 45a-743. Any authorized applicant
22		-	seeking to obtain a copy of the original certificate of birth shall first
23		-	obtain a written court order issued in accordance with section 45a-751c,
24		-	as amended by this act. Upon receipt of such court order, the
25		-	[department] registrar of vital statistics of the municipality of an
26		-	adopted person's birth may issue an uncertified copy of the original
27		-	certificate of birth on file, marked with a notation by the issuer that such
28		-	original certificate of birth has been superseded by a replacement
29		-	certificate of birth as on file.
30		-	(c) Upon written request, the [department shall] registrar of vital House Bill No. 6105
	26	+	Section 1. Subsection (c) of section 7-53 of the general statutes is 1
	27	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	28	+	2021): 3
	29	+	(c) Upon written request, the [department shall] registrar of vital 4
	30	+	statistics of the municipality of an adopted person's birth shall, not later 5
	31	+	than thirty days after such written request, issue an uncertified copy of 6
	32	+	an original certificate of birth to (1) [an] such adopted person [who] if 7
	33	+	he or she is eighteen years of age or older, [whose adoption was 8
	34	+	finalized on or after October 1, 1983,] or (2) such adopted person's adult 9
	35	+	child or grandchild. Such certificate shall be marked with a notation by 10
	36	+	the issuer that such original certificate of birth has been superseded by 11
	37	+	a replacement certificate of birth as on file. Additionally, a notice stating 12
	38	+	that information related to the birth parents' preferences regarding 13
	39	+	contact by such adopted person or such adopted person's adult child or 14 Raised Bill No. 6105
31	40
32		-	Public Act No. 21-21 2 of 4
33	41
34		-	statistics of the municipality of an adopted person's birth shall, not later
35		-	than thirty days after such written request, issue an uncertified copy of
36		-	an original certificate of birth to (1) [an] such adopted person [who] if
37		-	he or she is eighteen years of age or older, [whose adoption was
38		-	finalized on or after October 1, 1983,] or (2) such adopted person's
39		-	[adult] child or grandchild, provided such child or grandchild is
40		-	eighteen years of age or older. Such certificate shall be marked with a
41		-	notation by the issuer that such original certificate of birth has been
42		-	superseded by a replacement certificate of birth as on file. Additionally,
43		-	a notice stating that information related to the birth parents' preferences
44		-	regarding contact by such adopted person or such adopted person's
45		-	adult child or grandchild and a medical health history form completed
46		-	by the birth parent may be on file with the Department of Children and
47		-	Families shall be printed on such certificate or attached thereto.
48		-	Sec. 2. Subsection (c) of section 45a-751b of the general statutes is
49		-	repealed and the following is substituted in lieu thereof (Effective July 1,
50		-	2021):
51		-	(c) Regardless of the date parental rights were terminated, on or after
52		-	July 1, [2015, the Department of Public Health shall, upon] 2021, the
53		-	registrar of vital statistics of the municipality of an adopted person's
54		-	birth shall, not later than thirty days after a written request, issue an
55		-	uncertified copy of an original birth certificate to [an] such adopted
56		-	person if he or she is eighteen years of age or older [who is] and the
57		-	subject of [the] such birth certificate, [and whose adoption was finalized
58		-	on or after October 1, 1983,] or to such adopted person's [adult] child or
59		-	grandchild, in accordance with the provisions of section 7-53, as
60		-	amended by this act.
61		-	Sec. 3. Section 45a-751c of the general statutes is repealed and the
62		-	following is substituted in lieu thereof (Effective July 1, 2021, and
63		-	applicable to petitions filed on and after July 1, 2021): House Bill No. 6105
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65		-	Public Act No. 21-21 3 of 4
	46	+	grandchild and a medical health history form completed by the birth 15
	47	+	parent may be on file with the Department of Children and Families 16
	48	+	shall be printed on such certificate or attached thereto. 17
	49	+	Sec. 2. Section 7-53a of the general statutes is repealed and the 18
	50	+	following is substituted in lieu thereof (Effective July 1, 2021): 19
	51	+	[(a) Not later than January 1, 2016, and annually thereafter until 20
	52	+	January 1, 2021, the Commissioner of Public Health shall submit a 21
	53	+	report, in accordance with the provisions of section 11-4a, concerning 22
	54	+	the number of original birth certificates issued annually to adopted 23
	55	+	persons eighteen years of age or older whose adoption was finalized on 24
	56	+	or after October 1, 1983, or the adult children or grandchildren of 25
	57	+	adopted persons in accordance with section 7-53, to the joint standing 26
	58	+	committee of the General Assembly having cognizance of matters 27
	59	+	relating to public health.] 28
	60	+	[(b)] Not later than January 1, [2016] 2022, and annually thereafter 29
	61	+	until January 1, [2021] 2027, the Commissioner of Children and Families 30
	62	+	shall submit a report, in accordance with the provisions of section 11-4a, 31
	63	+	concerning the number of contact preference forms and medical health 32
	64	+	history forms annually filed with the [department] Department of 33
	65	+	Children and Families in accordance with section 17a-60a to the joint 34
	66	+	standing committee of the General Assembly having cognizance of 35
	67	+	matters relating to public health. The report shall include the number of 36
	68	+	birth parents that selected each option described in section 17a-60a. 37
	69	+	Sec. 3. Subsection (c) of section 45a-751b of the general statutes is 38
	70	+	repealed and the following is substituted in lieu thereof (Effective July 1, 39
	71	+	2021): 40
	72	+	(c) Regardless of the date parental rights were terminated, on or after 41
	73	+	July 1, [2015, the Department of Public Health shall, upon] 2021, the 42
	74	+	registrar of vital statistics of the municipality of an adopted person's 43
	75	+	birth shall, not later than thirty days after a written request, issue an 44
	76	+	uncertified copy of an original birth certificate to [an] such adopted 45 Raised Bill No. 6105
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67		-	[(a) On the petition of an adopted person who is eighteen years of age
68		-	or older and whose adoption was finalized prior to October 1, 1983, or
69		-	such adopted person's adult child or grandchild, the Probate Court or
70		-	the Superior Court that finalized an adoption or appointed a guardian
71		-	ad litem in accordance with section 45a-753 shall issue an order
72		-	directing the Department of Public Health to issue an uncertified copy
73		-	of an original birth certificate to such adopted person or such adopted
74		-	person's child or grandchild in accordance with subsection (b) of section
75		-	7-53, provided each birth parent named on the original birth certificate:
76		-	(1) Consents to the release of identifying information in accordance with
77		-	sections 45a-751 to 45a-751b, inclusive; (2) is deceased; or (3) a legal
78		-	representative or guardian ad litem consents to the release of identifying
79		-	information on behalf of the birth parent in accordance with section 45a-
80		-	753. Nothing in this section shall limit the right of an adopted person
81		-	eighteen years of age or older whose adoption was finalized on or after
82		-	October 1, 1983, or such adopted person's adult child or grandchild to
83		-	obtain an uncertified copy of an original birth certificate pursuant to
84		-	section 7-53.]
85		-	[(b)] On the petition of an authorized applicant, as defined in section
86		-	45a-743, the Probate Court or the Superior Court that finalized an
87		-	adoption or appointed a guardian ad litem in accordance with section
88		-	45a-753 shall issue an order directing the [Department of Public Health]
89		-	registrar of vital statistics of the municipality of an adopted person's
90		-	birth to issue an uncertified copy of an original birth certificate to the
91		-	authorized applicant in accordance with subsection (b) of section 7-53,
92		-	as amended by this act, provided the person named in the certificate of
93		-	birth is deceased and (1) each birth parent named on the original birth
94		-	certificate [: (1) Consents] (A) consents to the release of identifying
95		-	information, in accordance with sections 45a-751 to 45a-751b, inclusive,
96		-	as amended by this act, [; (2) is deceased; or (3)] or (B) is deceased, or (2)
97		-	a legal representative or guardian ad litem consents to the release of
98		-	identifying information on behalf of the birth parent, in accordance with House Bill No. 6105
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102		-	section 45a-753.
103		-	Sec. 4. Section 7-53a of the general statutes is repealed. (Effective July
104		-	1, 2021)
	83	+	person if he or she is eighteen years of age or older [who is] and the 46
	84	+	subject of [the] such birth certificate, [and whose adoption was finalized 47
	85	+	on or after October 1, 1983,] or to such adopted person's adult child or 48
	86	+	grandchild, in accordance with the provisions of section 7-53, as 49
	87	+	amended by this act. 50
	88	+	Sec. 4. Section 45a-751c of the general statutes is repealed and the 51
	89	+	following is substituted in lieu thereof (Effective July 1, 2021, and 52
	90	+	applicable to petitions filed on and after July 1, 2020): 53
	91	+	[(a) On the petition of an adopted person who is eighteen years of age 54
	92	+	or older and whose adoption was finalized prior to October 1, 1983, or 55
	93	+	such adopted person's adult child or grandchild, the Probate Court or 56
	94	+	the Superior Court that finalized an adoption or appointed a guardian 57
	95	+	ad litem in accordance with section 45a-753 shall issue an order 58
	96	+	directing the Department of Public Health to issue an uncertified copy 59
	97	+	of an original birth certificate to such adopted person or such adopted 60
	98	+	person's child or grandchild in accordance with subsection (b) of section 61
	99	+	7-53, provided each birth parent named on the original birth certificate: 62
	100	+	(1) Consents to the release of identifying information in accordance with 63
	101	+	sections 45a-751 to 45a-751b, inclusive; (2) is deceased; or (3) a legal 64
	102	+	representative or guardian ad litem consents to the release of identifying 65
	103	+	information on behalf of the birth parent in accordance with section 45a-66
	104	+	753. Nothing in this section shall limit the right of an adopted person 67
	105	+	eighteen years of age or older whose adoption was finalized on or after 68
	106	+	October 1, 1983, or such adopted person's adult child or grandchild to 69
	107	+	obtain an uncertified copy of an original birth certificate pursuant to 70
	108	+	section 7-53.] 71
	109	+	[(b)] On the petition of an authorized applicant, as defined in section 72
	110	+	45a-743, the Probate Court or the Superior Court that finalized an 73
	111	+	adoption or appointed a guardian ad litem in accordance with section 74
	112	+	45a-753 shall issue an order directing the Department of Public Health 75
	113	+	to issue an uncertified copy of an original birth certificate to the 76
	114	+	authorized applicant in accordance with subsection (b) of section 7-53, 77
	115	+	provided the person named in the certificate of birth is deceased and (1) 78 Raised Bill No. 6105
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	122	+	each birth parent named on the original birth certificate [: (1) Consents] 79
	123	+	(A) consents to the release of identifying information, in accordance 80
	124	+	with sections 45a-751 to 45a-751b, inclusive, as amended by this act, [; 81
	125	+	(2) is deceased; or (3)] or (B) is deceased, or (2) a legal representative or 82
	126	+	guardian ad litem consents to the release of identifying information on 83
	127	+	behalf of the birth parent, in accordance with section 45a-753. 84
	128	+	This act shall take effect as follows and shall amend the following
	129	+	sections:
	130	+
	131	+	Section 1 July 1, 2021 7-53(c)
	132	+	Sec. 2 July 1, 2021 7-53a
	133	+	Sec. 3 July 1, 2021 45a-751b(c)
	134	+	Sec. 4 July 1, 2021, and
	135	+	applicable to petitions filed
	136	+	on and after July 1, 2020
	137	+	45a-751c
	138	+
	139	+	PD Joint Favorable
105	140