HLS 14RS-1535 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1028
BY REPRESENTATIVE SCHEXNAYDER
ADOPTION: Provides relative to certain birth records
AN ACT1
To amend and reenact Children's Code Article 1271(A), 1272(A), (B), and (C), 1273, and2
1276 and R.S. 40:39.1(A)(introductory paragraph) and (D), 41(B)(1), 73(B), 77(B)3
and (D), and 79(A)(4) and to enact Children's Code Articles 1271(D), 1272(E), and4
1272.1 and R.S. 40:80, relative to birth records; to provide procedures for a birth5
parent to file a contact preference form and updated statement of family history; to6
authorize birth parents to prohibit the release of certain identifying information; to7
provide procedures for an adult adoptee to obtain a noncertified copy of his original8
birth certificate and statement of family history; to authorize the state registrar to9
promulgate rules for the issuance of a noncertified copy of a birth certificate in10
certain circumstances; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Children's Code Articles 1271(A), 1272(A), (B), and (C), 1273, and 127613
are hereby amended and reenacted and Children's Code Articles 1271(D), 1272(E), and14
1272.1 are hereby enacted to read as follows:15
Art. 1271. Registration16
A. Registration shall be by affidavit filed with the office of community17
children and family services. Upon registration, a registrant may file a contact18
preference form indicating whether or not they desire to be contacted through the19
registry if a match is made and may also prohibit the release of any identifying20 HLS 14RS-1535 ORIGINAL
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information on a noncertified copy of an original birth certificate obtained pursuant1
to R.S. 40:80, a contact preference form, or an updated statement of family history.2
That office The office of children and family services shall develop and furnish3
standardized affidavit forms and a contact preference form appropriate for effecting4
the purpose of this Chapter.5
* * *6
D. A birth parent who files a contact preference form with the registry7
indicating a "No Contact" preference shall be required to submit an updated8
statement of family history form to the registry. The updated form shall be9
maintained in the files of the registry until such time as a match is made pursuant to10
Article 1272.11
Art. 1272. Matching; verification by original documents; mandatory counseling12
A. The office of community children and family services shall regularly13
monitor registrant affidavits, utilizing computer services if necessary, to determine14
whether affidavits have been filed by a registrant as enumerated in Article 1270.15
B. If there appears to be a match between current registrants, the office of16
community children and family services shall notify the registrants of the match and17
of the counseling requirements of Paragraph D of this Article. Upon verification that18
each registered person has met the requirements the office of community children19
and family services shall provide the details of the match to the licensed clinical20
social worker, social worker acting in the employ of a licensed adoption agency,21
licensed professional counselor, licensed psychologist, licensed psychiatrist, or22
licensed marriage and family therapist that provided counseling for the registrant,23
who shall then contact the registered and matched parties in a careful and24
confidential manner and give them the information necessary to contact each other.25
C. If doubt exists that any registrants are biologically related, the office of26
community children and family services shall advise them to file a motion with the27
court having jurisdiction and request permission to open the sealed adoption record28 HLS 14RS-1535 ORIGINAL
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for verification. Such verification shall be a compelling reason, within the meaning1
of Article 1189, to open the adoption records for the limited purpose of verification.2
* * *3
E. If a match is made between a registered adoptee and a registered birth4
parent and the birth parent has filed a contact preference form indicating "No5
Contact" and an updated statement of family history, the office of children and6
family services shall provide a copy of the contact preference form and the updated7
statement of family history to the registered adoptee. If the birth parent has filed a8
contact preference form prohibiting the release of identifying information, the office9
of children and family services shall redact any identifying information from the10
contact preference form and the updated statement of family history before providing11
a copy to the registered adoptee.12
Art. 1272.1. Contact preference form; statement of family history13
A. Beginning on January 1, 2015, the office of children and family services14
shall make reasonable efforts to inform the public of the voluntary registry and all15
of the following:16
(1) That an adoptee twenty-five years of age or older may obtain a17
noncertified copy of the original certificate of live birth.18
(2) That a birth parent of an adoptee who registers with the voluntary registry19
may file a contact preference form with the registry and may prohibit the release of20
identifying information on the original certificate of live birth, the contact preference21
form, and the updated statement of family history.22
(3) That a birth parent of an adoptee who files a contact preference form23
indicating "No Contact" shall be required to submit an updated statement of family24
history form.25
B. The office of children and family services shall furnish a statement of26
family history form, as provided in Article 1125, to a birth parent who files a contact27
preference form indicating "No Contact".28 HLS 14RS-1535 ORIGINAL
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Art. 1273. Confidentiality1
Documents filed with the office of community children and family services,2
pursuant to this Chapter, shall be confidential and shall not be available for3
inspection, except under the procedures set forth in this Chapter.4
* * *5
Art. 1276. Disclosure of death of biological parents and adopted persons6
When one or both of the biological parents are deceased, or when the adopted7
person is deceased and this fact is known by the voluntary registry or by the licensed8
adoption agency, firm, or lawyer which originally placed the adopted person for9
adoption, this information shall be disclosed to any person permitted to register10
pursuant to Article 1270 and who has registered with the office of community11
children and family services under the provisions of this Chapter, and the registered12
persons shall then be afforded the option of deciding whether they still desire to avail13
themselves of the contact opportunity provided through the voluntary registry.14
Section 2. R.S. 40:39.1(A)(introductory paragraph) and (D), 41(B)(1), 73(B), 77(B)15
and (D), and 79(A)(4) are hereby amended and reenacted and R.S. 40:80 is hereby enacted16
to read as follows: 17
§39.1. Certified copies of birth certificates and death certificates; clerks of district18
courts; Vital Records Conversion Fund19
A. The state registrar of vital records shall promulgate rules to implement20
the issuance of certified copies of birth certificates, noncertified copies of birth21
certificates pursuant to R.S. 40:80, and death certificates through the office of the22
clerk of district court in each parish. Such rules shall apply only to issuance of those23
birth and death records that are available for electronic issuance from the Vital24
Records Registry birth and death databases and shall include access to the following25
items:26
* * *27
D.(1) The state registrar shall promulgate the rules necessary for the28
implementation of the provisions of this Section on or before January 1, 2000.29 HLS 14RS-1535 ORIGINAL
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(2) The state registrar shall promulgate the rules necessary for the1
implementation of the issuance of noncertified copies of birth certificates pursuant2
to R.S. 40:80 on or before August 1, 2014, in accordance with the Administrative3
Procedure Act.4
* * *5
§41. Disclosure of records6
* * *7
B.(1) Disclosure Except as provided in R.S. 40:80, disclosure of confidential8
birth information from which can be determined whether the child was born of or9
outside of marriage may be made only upon order of the court in any case where that10
information is necessary for the determination of personal or property rights and then11
only for that purpose. Upon receiving an order from the court, the vital records12
registrar shall file a copy of the birth certificate, marked for judicial purposes only,13
under seal in the records of the clerk of court. The judge presiding over the matter14
may review the birth certificate in chambers and may use the birth certificate within15
his discretion during the course of the proceedings. No copies of the birth certificate16
may be issued by the court to the litigants in the proceeding. The birth certificate17
must be destroyed at the conclusion of the proceedings after all appeal delays have18
lapsed. This Section shall not apply in any case where any sheriff, United States19
attorney, attorney general, or district attorney makes written request to the state20
registrar. Upon receipt of such written request, such registrar shall make disclosure21
to any sheriff, United States attorney, attorney general, or district attorney requesting22
same, of the contents of birth records in the registrar's custody.23
* * *24
§73. Certified copy of the new record; sealing and confidentiality of the original25
birth record26
* * *27
B. This sealed package shall be opened only upon the demand of the adopted28
person, or if deceased, by his or her descendants, or upon the demand of the adoptive29 HLS 14RS-1535 ORIGINAL
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parent, or the state registrar, or the recognized public or private social agency which1
was a party to the adoption, and then only by order of a Louisiana court of competent2
jurisdiction at the domicile of the vital records registry, which order shall issue only3
after a showing of compelling reasons. Information shall be revealed only to the4
extent necessary to satisfy such compelling necessity.5
* * *6
§77. Certified copy for adoptive parents7
* * *8
B. Except as provided in R.S. 40:74, this sealed package shall be opened9
only upon the demand of the adopted person, or if deceased, by his or her10
descendants, or upon the demand of the adoptive parent, or the state registrar, or the11
recognized public or private social agency which was a party to the adoption, and12
then only by order of a Louisiana court of competent jurisdiction at the domicile of13
the vital records registry which court order shall issue only after a showing of14
compelling reasons, and opened only to the extent necessary to satisfy such15
compelling necessity.16
* * *17
D. All motions for records under this Section shall be in accordance with and18
subject to, the provisions of R.S. 9:437 the Louisiana Children's Code and, if an19
adoption agency is involved, the agency shall be served with a copy of the motion20
as provided in Article 1313 of the Louisiana Code of Civil Procedure.21
* * *22
§79. Record of adoption decree23
A.24
* * *25
(4) The state registrar shall seal and file the original certificate of birth with26
the certificate of the decree. This sealed package may be opened only on the order27 HLS 14RS-1535 ORIGINAL
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of a competent court or upon the application of an adoptee twenty-five years of age1
or older, requesting a noncertified certificate of live birth.2
* * *3
§80. Adoptee request for a noncertified copy of an original birth certificate4
A. Beginning on January 1, 2015, upon written application of an adoptee5
twenty-five years of age or older, the state registrar shall issue to that adoptee a6
noncertified copy of the original certificate of live birth of the adoptee. A7
noncertified copy of an original certificate of live birth shall be subject to the same8
fees as a certified photocopy or certified record of an original birth record as9
provided in R.S. 40:40(2).10
B. Each noncertified copy of certificate of birth shall display the words11
"Noncertified - Not to be used for identification purposes".12
C. Prior to the issuance of a noncertified copy of an original certificate of13
live birth pursuant to Subsection A of this Section, the state registrar shall determine14
whether a birth parent has filed a contact preference form with the voluntary registry15
prohibiting the release of identifying information on a noncertified copy of an16
original certificate of live birth. If a birth parent has filed a contact preference form17
prohibiting the release of any identifying information, the state registrar shall redact18
any identifying information from the noncertified copy of the original certificate of19
live birth prior to issuance of the noncertified copy to the adoptee.20
Section 3. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 14RS-1535 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Schexnayder HB No. 1028
Abstract: Provides an adoptee, age 25 and older, access to a noncertified copy of his
original birth certificate, and authorizes a birth parent to file a contact preference
form with the voluntary registry.
Present law (Ch.C. Art. 1271) provides procedures for registration with the voluntary
adoption registry.
Proposed law retains present law and requires the office of children and family services to
develop and furnish a contact preference form. Further requires a birth parent who files a
preference form indicating "No Contact" to submit an updated statement of family history
form to the registry. Allows a birth parent to prohibit the release of identifying information
on a birth certificate, contact preference form, and updated statement of family history.
Present law (Ch.C. Art. 1272) provides procedures for matching registrants, including notice
and mandatory counseling.
Proposed law retains present law and requires the office of children and family services to
provide a copy of a contact preference form and updated statement of family history, if
available, to the adoptee when an adoptee and birth parent have been matched.
Proposed law (Ch.C. Art. 1272.1) requires the department to make reasonable efforts to
inform the public of the voluntary registry, that an adoptee who is 25 years old or older may
obtain a noncertified copy of his original birth certificate, that the birth parent of an adoptee
may file a contact preference form with the registry, that a birth parent may prohibit the
release of identifying information, and that a birth parent electing "No Contact" is required
to submit an updated statement of medical history.
Present law (R.S. 40:39.1) authorizes the state registrar of vital records to promulgate rules
to implement the issuance of certified copies of birth certificates and death certificates and
provides certain procedures.
Proposed law retains present law and adds noncertified copies of birth certificates to this list
of documents.
Present law (R.S. 40:41) restricts disclosure of certain records in the custody of the state
registrar, including confidential birth information that may disclose whether a child was born
of or outside of marriage.
Proposed law retains present law but creates an exception for original birth certificates
provided pursuant to R.S. 40:80.
Present law (R.S. 40:73) provides procedures for providing adoptive parents with a new
record and requires the original birth certificate to be sealed with other documents related
to the adoption. Further restricts opening the sealed package only upon order of a competent
court after a showing of compelling reasons.
Proposed law retains present law except it deletes the requirement that an order of the court
is the only method by which a sealed package can be opened. HLS 14RS-1535 ORIGINAL
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Present law (R.S. 40:77) provides procedures for providing adoptive parents with a new
record and requires the original birth certificate to be sealed with other documents related
to the adoption. Further restricts opening the sealed package only upon order of a competent
court after a showing of compelling reasons.
Proposed law retains present law except it deletes the requirement that an order of the court
is the only method by which a sealed package can be opened.
Present law (R.S. 40:79) provides for records of adoption decrees and requires the original
birth certificate to be sealed by the state registrar with the certificate of the adoption decree.
Further restricts opening the sealed package only upon order of a competent court.
Proposed law retains present law but expands restriction to allow a sealed package to be
opened upon the application of an adoptee 25 years old or older who has requested a
noncertified original birth certificate.
Proposed law (R.S. 40:80) requires the state registrar to issue a noncertified copy of an
original birth certificate and statement of family history to an adoptee who is 25 years old
or older upon the adoptee's written application and requires the state registrar to redact any
identifying information from the noncertified copy if a birth parent has prohibited the release
of any identifying information.
Effective upon signature by governor or lapse of time for gubernatorial action.
(Amends Ch.C. Art. 1271(A), 1272(A), (B), and (C), 1273, and 1276 and R.S.
40:39.1(A)(intro. para.) and (D), 41(B)(1), 73(B), 77(B) and (D), and 79(A)(4); Adds Ch.C.
Arts. 1271(D), 1272(E), and 1272.1 and R.S. 40:80)