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Regular Session, 2014
HOUSE BILL NO. 1028
BY REPRESENTATIVES SCHEXNAYDER, ADAMS, ARMES, ARNOLD, BADON,
BARROW, BERTHELOT, STUART BISHOP, BROADWATER, BROWN,
HENRY BURNS, CARMODY, CARTER, CHAMPAGNE, COX, EDWARDS,
FOIL, GISCLAIR, GUINN, HILL, HOFFMANN, HOWARD, HUNTER,
KLECKLEY, LEBAS, LEGER, MILLER, MONTOUCET, POPE, PUGH,
REYNOLDS, RITCHIE, THIBAUT, WHITNEY, ALFRED WILLIAMS,
WILLMOTT, AND WOODRUFF
ADOPTION: Provides relative to certain birth records
AN ACT1
To amend and reenact Children's Code Articles 1271, 1272(A), (B), and (C), 1273, and 12762
and R.S. 40:41(B)(1), 73(B), 77(B) and (D), and 79(A)(4) and to enact Children's3
Code Articles 1124(D), 1272(E), and 1272.1 and R.S. 40:80, relative to adoption4
records; to provide procedures for a birth parent to file a contact preference form and5
updated statement of family history; to authorize birth parents to prohibit the release6
of certain identifying information; to provide procedures for an adult adoptee to7
obtain a noncertified copy of his original birth certificate and statement of family8
history; to provide for the promulgation of rules; to provide for a public awareness9
campaign; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Children's Code Articles 1271, 1272(A), (B), and (C), 1273, and 1276 are12
hereby amended and reenacted and Children's Code Articles 1124(D), 1272(E), and 1272.113
are hereby enacted to read as follows:14
Art. 1124. Requirement of family information15
* * *16 HLS 14RS-1535 REENGROSSED
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D. A surrendering parent shall submit an updated statement of family history1
to the voluntary registry, as provided for in Article 1271, every five years after the2
initial execution of the statement of family history.3
* * *4
Art. 1271. Registration5
A. Registration shall be by affidavit filed with the office of children and6
family services. That The office shall develop and furnish standardized affidavit7
forms and contact preference forms appropriate for effecting the purpose of this8
Chapter. Registration shall be effective upon filing and shall remain effective until9
withdrawn by the affiant's written request. The department may establish10
registration and renewal fees not to exceed twenty five dollars.11
B.(1) Registration shall be effective upon filing and shall remain effective12
until withdrawn by the affiant's written request. A birth parent, or sibling of an13
adoptee who is a child of the birth parent, who registers with the voluntary registry14
may do any of the following:15
(a) File a contact preference form indicating whether or not he desires to be16
contacted if a match is made.17
(b) Consent to or prohibit the release of a noncertified copy of the adoptee's18
original birth certificate.19
(c) Consent to or prohibit the release of his identifying information contained20
on any document filed with the voluntary registry.21
(2) A birth parent who files a contact preference form with the registry shall22
be required to submit an updated statement of family history form to the registry23
upon filing and every five years thereafter.24
C.(1) The department may establish registration and renewal fees not to25
exceed twenty-five dollars. An adoptee who registers with the voluntary registry may26
do any of the following:27
(a) Request a noncertified copy of his original birth certificate.28
(b) Request an updated statement of family history.29 HLS 14RS-1535 REENGROSSED
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(c) File a contact preference form indicating whether or not he desires to be1
contacted if a match is made.2
(d) Consent to or prohibit the release of his identifying information contained3
on any document filed with the voluntary registry.4
(2)(a) If an adoptee requests a noncertified copy of his original birth5
certificate, the office of children and family services shall determine whether a birth6
parent has filed a consent with the voluntary registry authorizing the release of the7
information. Upon determination of whether a consent exists, the office of children8
and family services shall do the following:9
(i) If a birth parent has consented to the release of the adoptee's original birth10
certificate, the office of children and family services shall coordinate with the vital11
records registry to facilitate the release of the noncertified copy of the original birth12
certificate to the adoptee. If only one birth parent has filed with the voluntary13
registry and consented to the release of the adoptee's original birth certificate, the14
name of the birth parent who has not consented shall be redacted before a15
noncertified copy of the original birth certificate is issued to the adoptee.16
(ii) If a birth parent has not filed with the registry or has prohibited the17
release of the noncertified copy of the original birth certificate to the adoptee, the18
office of children and family services shall notify the adoptee of such and a copy of19
the noncertified copy of the original birth certificate shall not be issued.20
(iii) If a birth parent has filed a contact preference form and an updated21
statement of family history, regardless of whether the birth parent has consented to22
or prohibited the release of the adoptee's original birth certificate, the office of23
children and family services shall issue a copy of the contact preference form and24
any updated statement of family history to the adoptee, but shall redact any25
identifying information if the birth parent has prohibited the release of any26
identifying information.27
(b) If an adoptee requests an updated statement of family history, the office28
of children and family services shall determine whether a birth parent has submitted29 HLS 14RS-1535 REENGROSSED
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an updated statement of family history and shall issue a copy, if one is filed, to the1
adoptee. If a birth parent has submitted an updated statement of family history but2
has prohibited the release of any identifying information, the office of children and3
family services shall redact all identifying information from the updated statement4
of family history before issuing a copy to the adoptee.5
(c) Upon receipt of the updated statement of family history submitted by a6
birth parent every five years after the initial filing, the office of children and family7
services shall issue to the adoptee a copy of the updated statement of family history.8
D. All documents filed with the voluntary registry pursuant to the provisions9
of this Article shall be maintained in the files of the registry until such time as a10
match is made pursuant to Article 1272.11
E. The Department of Children and Family Services and the Department of12
Health and Hospitals shall promulgate the rules necessary for the implementation of13
this Article on or before September 1, 2015, in accordance with the Administrative14
Procedure Act.15
Art. 1272. Matching; verification by original documents; mandatory counseling16
A. The office of community children and family services shall regularly17
monitor registrant affidavits, utilizing computer services if necessary, to determine18
whether affidavits have been filed by a registrant as enumerated in Article 1270.19
B. If there appears to be a match between current registrants, the office of20
community children and family services shall notify the registrants of the match and21
of the counseling requirements of Paragraph D of this Article. Upon verification that22
each registered person has met the requirements the office of community children23
and family services shall provide the details of the match to the licensed clinical24
social worker, social worker acting in the employ of a licensed adoption agency,25
licensed professional counselor, licensed psychologist, licensed psychiatrist, or26
licensed marriage and family therapist that provided counseling for the registrant,27
who shall then contact the registered and matched parties in a careful and28
confidential manner and give them the information necessary to contact each other.29 HLS 14RS-1535 REENGROSSED
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C. If doubt exists that any registrants are biologically related, the office of1
community children and family services shall advise them to file a motion with the2
court having jurisdiction and request permission to open the sealed adoption record3
for verification. Such verification shall be a compelling reason, within the meaning4
of Article 1189, to open the adoption records for the limited purpose of verification.5
* * *6
E. If a match is made between a registered adoptee and a registered birth7
parent or registered sibling, disclosure or issuance of any document contained within8
the files of the voluntary registry or the vital records registry shall be made in9
accordance with the provisions of this Chapter and R.S. 40:80.10
Art. 1272.1. Contact preference form; statement of family history; public awareness11
campaign12
A. The office of children and family services shall develop and implement13
a one-year-long, nationwide campaign to be conducted from September 1, 201414
through August 31, 2015, for the express purpose of informing the public of all of15
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 if the birth parent has18
consented.19
(2) That a birth parent of an adoptee, or a sibling of the adoptee who is a20
child of the birth parent, who registers with the voluntary registry may file a contact21
preference form with the voluntary registry, consent to or prohibit the release of a22
noncertified copy of the adoptee's original birth certificate, and consent to or prohibit23
the release of the birth parent's identifying information on any document filed with24
the voluntary registry.25
(3) That a birth parent of an adoptee who files a contact preference form26
shall be required to submit an updated statement of family history form.27 HLS 14RS-1535 REENGROSSED
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B. The office of children and family services shall furnish a statement of1
family history form, as provided in Article 1125, to a birth parent who files a contact2
preference form.3
C. The nationwide campaign required in Paragraph A of this Article shall4
include but not be limited to the following:5
(1) Public service announcements and press releases to be distributed to local6
and national radio stations and newspapers, if the national advertising is at no cost7
to the state.8
(2) Announcements posted on the website of the Department of Children and9
Family Services.10
(3) Notices to be distributed throughout the state to physician's offices,11
religious institutions, social welfare organizations, retirement homes, and other12
entities capable of reaching individuals who may be impacted by R.S. 40:80 and13
Children's Code Articles 1271 and 1272.14
(4) Information regarding the campaign, or a website address where a person15
can obtain information about the campaign, to be printed on the outside of every16
motor vehicle registration renewal application and every driver's license renewal17
application issued by the office of motor vehicles, Department of Public Safety and18
Corrections.19
D. The secretary of the Department of Children and Family Services and the20
secretary of the Department of Public Safety and Corrections shall develop the21
campaign information statement provided for in Subparagraph (C)(4) of this Article.22
E. The Department of Children and Family Services, after consultation with23
the secretary of the Department of Public Safety and Corrections, shall promulgate24
the rules necessary for the implementation of this Article on or before August 1,25
2014, in accordance with the Administrative Procedure Act.26 HLS 14RS-1535 REENGROSSED
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Art. 1273. Confidentiality1
A. Documents filed with the office of community children and family2
services, pursuant to this Chapter, shall be confidential and shall not be available for3
inspection, except under the procedures set forth in this Chapter.4
B. No person shall have a cause of action against the office of children and5
family services or an employee for any injury or damage caused by the disclosure of6
any information that is filed in the records of the voluntary registry and is disclosed7
in accordance with the procedures of this Chapter, unless the injury or damage was8
caused by willful or wanton misconduct or gross negligence.9
* * *10
Art. 1276. Disclosure of death of biological parents and adopted persons11
When one or both of the biological parents are deceased, or when the adopted12
person is deceased and this fact is known by the voluntary registry or by the licensed13
adoption agency, firm, or lawyer which originally placed the adopted person for14
adoption, this information shall be disclosed to any person permitted to register15
pursuant to Article 1270 and who has registered with the office of community16
children and family services under the provisions of this Chapter, and the registered17
persons shall then be afforded the option of deciding whether they still desire to avail18
themselves of the contact opportunity provided through the voluntary registry.19
Section 2. R.S. 40:41(B)(1), 73(B), 77(B) and (D), and 79(A)(4) are hereby amended20
and reenacted and R.S. 40:80 is hereby enacted to read as follows:21
§41. Disclosure of records22
* * *23
B.(1) Disclosure Except as provided in R.S. 40:80, disclosure of confidential24
birth information from which can be determined whether the child was born of or25
outside of marriage may be made only upon order of the court in any case where that26
information is necessary for the determination of personal or property rights and then27
only for that purpose. Upon receiving an order from the court, the vital records28
registrar shall file a copy of the birth certificate, marked for judicial purposes only,29 HLS 14RS-1535 REENGROSSED
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under seal in the records of the clerk of court. The judge presiding over the matter1
may review the birth certificate in chambers and may use the birth certificate within2
his discretion during the course of the proceedings. No copies of the birth certificate3
may be issued by the court to the litigants in the proceeding. The birth certificate4
must be destroyed at the conclusion of the proceedings after all appeal delays have5
lapsed. This Section shall not apply in any case where any sheriff, United States6
attorney, attorney general, or district attorney makes written request to the state7
registrar. Upon receipt of such written request, such registrar shall make disclosure8
to any sheriff, United States attorney, attorney general, or district attorney requesting9
same, of the contents of birth records in the registrar's custody.10
* * *11
§73. Certified copy of the new record; sealing and confidentiality of the original12
birth record13
* * *14
B. This sealed package shall be opened only upon the demand of the adopted15
person, or if deceased, by his or her descendants, or upon the demand of the adoptive16
parent, or the state registrar, or the recognized public or private social agency which17
was a party to the adoption, and then only by order of a Louisiana court of competent18
jurisdiction at the domicile of the vital records registry, which order shall issue only19
after a showing of compelling reasons. Information shall be revealed only to the20
extent necessary to satisfy such compelling necessity.21
* * *22
§77. Certified copy for adoptive parents23
* * *24
B. Except as provided in R.S. 40:74, this sealed package shall be opened25
only upon the demand of the adopted person, or if deceased, by his or her26
descendants, or upon the demand of the adoptive parent, or the state registrar, or the27
recognized public or private social agency which was a party to the adoption, and28
then only by order of a Louisiana court of competent jurisdiction at the domicile of29 HLS 14RS-1535 REENGROSSED
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the vital records registry which court order shall issue only after a showing of1
compelling reasons, and opened only to the extent necessary to satisfy such2
compelling necessity.3
* * *4
D. All motions for records under this Section shall be in accordance with and5
subject to, the provisions of R.S. 9:437 the Louisiana Children's Code and, if an6
adoption agency is involved, the agency shall be served with a copy of the motion7
as provided in Article 1313 of the Louisiana Code of Civil Procedure.8
* * *9
§79. Record of adoption decree10
A.11
* * *12
(4) The state registrar shall seal and file the original certificate of birth with13
the certificate of the decree. This sealed package may be opened only on the order14
of a competent court or in accordance with the provisions of Children's Code Article15
1271 and R.S. 40:80.16
* * *17
§80. Adoptee request for a noncertified copy of an original birth certificate18
A. Beginning on September 1, 2015, if an adoptee twenty-five years of age19
or older requests a copy of a noncertified copy of his original birth certificate, and20
a birth parent has consented to the release of the noncertified copy of the adoptee's21
original birth certificate, the state registrar, in coordination with the office of children22
and family services, shall issue to the adoptee a noncertified copy of the original23
certificate of live birth of the adoptee. A noncertified copy of an original certificate24
of live birth shall be subject to the same fees as a certified photocopy or certified25
record of an original birth record as provided in R.S. 40:40(2).26
B. Each noncertified copy of certificate of birth shall display the words27
"Noncertified - Not to be used for identification purposes".28 HLS 14RS-1535 REENGROSSED
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C. The issuance of a noncertified copy of an original birth certificate to an1
adoptee shall be in accordance with the provisions of Children's Code Articles 1271,2
et seq.3
D. Noncertified copies of an original certificate of live birth issued pursuant4
to this Section shall be issued only by the Vital Records Registry. The state registrar5
shall promulgate the rules necessary for the implementation of the issuance of6
noncertified copies of certificates of live birth pursuant to this Section on or before7
September 1, 2015, in accordance with the Administrative Procedure Act.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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 upon consent of a birth parent, authorizes a birth parent to
file a contact preference form with the voluntary registry, requires a birth parent to
file an updated statement of family history in certain circumstances, and provides for
a nationwide, public awareness campaign.
Present law (Ch.C. Art. 1124) requires a surrendering parent in an adoption to execute a
Statement of Family History, to be included in the sealed adoption record.
Proposed law retains present law and requires the surrendering parent to provide an updated
statement of family history every five years after initial execution.
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 and updated statement of family history form.
Permits a birth parent or sibling of an adoptee to do any of the following:
(1)File a contact preference form indicating whether or not he desires to be contacted
if a match is made. HLS 14RS-1535 REENGROSSED
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(2)Consent to or prohibit the release of a noncertified copy of the adoptee's original
birth certificate.
(3)Consent to or prohibit the release of his identifying information contained on any
document filed with the registry.
Proposed law requires a birth parent who files with the voluntary registry to submit an
updated statement of family history upon registration and every five years thereafter.
Proposed law permits an adoptee to do any of the following:
(1)Request a noncertified copy of his original birth certificate.
(2)Request an updated statement of family history.
(3)File a contact preference form indicating whether or not he desires to be contacted
if a match is made.
(4)Consent to or prohibit the release of his identifying information contained on any
document filed with the registry.
Proposed law requires the office of children and family services to do the following:
(1)Issue an updated statement of family history to an adoptee who requests if a birth
parent has filed one with the registry.
(2)Coordinate with the vital records registry to issue a noncertified copy of an adoptee's
original birth certificate if the request is made and the birth parent has consented and
redact the information of a birth parent who has not consented.
(3)Redact any identifying information of the birth parent from any document filed with
the registry that is released to the adoptee if the birth parent has prohibited the
release of the identifying information.
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 office of children and family services to
conduct a one-year-long, nationwide campaign to inform the public 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 consent to or prohibit the release of the adoptee's original birth certificate or any
identifying information, and that a birth parent is required to submit an updated statement
of family history.
Proposed law further requires the nationwide campaign to include the following:
(1)Public service announcements and press releases to radio stations and newspapers.
(2)Announcements posted on DCFS's website.
(3)Notices distributed throughout the state to physician's offices, social welfare
organizations, and other like entities. HLS 14RS-1535 REENGROSSED
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(4)Information about the campaign to be printed on the outside of every motor vehicle
registration renewal and every driver's license renewal application issued by the
office of motor vehicles.
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.
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 in accordance with proposed law.
Proposed law (R.S. 40:80) requires the state registrar to issue a noncertified copy of an
original birth certificate to an adoptee who is 25 years old or older in accordance with
proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 1271, 1272(A), (B), and (C), 1273, and 1276 and R.S. 40:41(B)(1),
73(B), 77(B) and (D), and 79(A)(4); Adds Ch.C. Arts. 1124(D), 1272(E), and 1272.1 and
R.S. 40:80)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Required the office of children and family services to conduct a one-year-long,
nationwide public awareness campaign to inform the public of proposed law.
2. Changed the effective date of release of the noncertified copy of the original
birth certificate from Jan. 1, 2015, to Sept. 1, 2015.
3. Changed the entity authorized to release the noncertified copy of the original
birth certificate from the clerk of court to the Vital Records Registry. HLS 14RS-1535 REENGROSSED
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House Floor Amendments to the engrossed bill.
1. Required a birth parent to consent to the release of the adoptee's original birth
certificate, and for the name of a birth parent who has not consented to be
redacted before release to the adoptee.
2. Required a surrendering parent who executes a statement of family history to file
an updated statement of family history with the voluntary registry every five
years after initial execution.
3. Required a birth parent who files with the voluntary registry to file an updated
statement of family history upon registration and every five years thereafter.
4. Authorized the vital records registry to release a noncertified copy of an
adoptee's original birth certificate to the adoptee if a birth parent consented to the
release and required the vital records registry to redact the name of a birth parent
who has not consented.
5. Required the office of children and family services to release a copy of a contact
preference form and updated statement of family history to an adoptee who
registers with the registry and required the office of children and family services
to redact any identifying information from the documents prior to issuing to the
adoptee if the birth parent has prohibited the release of the identifying
information.
6. Authorized DCFS and DHH to promulgate rules for the issuance of the
noncertified copy of the adoptee's birth certificate.