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, authorizes a birth parent to file a contact preference form with the
voluntary registry, and provides for a nationwide, public awareness campaign.
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 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 prohibit the
release of identifying information, and that a birth parent electing "No Contact" 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 and adoption agencies licensed by the state.
(3)Notices distributed throughout the state to physician's offices, social welfare
organizations, and other like entities. (4)Notices enclosed with 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
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. Restricts release of the noncertified copy of the birth certificate through
the Vital Records Registry and directs the state registrar to promulgate rules for the issuance of
the noncertified copy of the birth certificate.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 1271(A), 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. 1271(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.