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)]
HB 391 Original 2016 Regular Session Nancy Landry
Abstract: Provides a confidential intermediary process for adopted persons over the age of 18 to
obtain their original birth certificate or other identifying information.
Present law (Ch.C. Art. 1185) provides for the confidentiality of adoptions records and restricts
access to them.
Proposed law retains present law and authorizes the release of confidential reports to confidential
intermediaries.
Present law (Ch.C. Art. 1188) provides for the motion for disclosure upon the showing of a
compelling necessity.
Proposed law retains present law and adds the confidential intermediary process to the list of
exclusive means for gaining access to adoption records. Proposed law also adds a venue provision
for this motion.
Proposed law (Ch.C. Art. 1192.1) authorizes an adopted person age 18 years or older to file a motion
seeking the disclosure of his birth certificate or other identifying information. Requires the court to
appoint a confidential intermediary and requires the parties to undergo at least one hour of
counseling prior to the release of any information which may lead to contact between an adopted
person and his biological parent.
Proposed law authorizes the court to report a confidential intermediary for discipline if he violates
the requirements of confidentiality.
Proposed law (Ch.C. Art. 1192.3) provides the duties of the confidential intermediary, including
reviewing the adoption records, locating the biological parent, and reporting his findings to the court.
Also provides for the mover to pay the fees of the confidential intermediary.
Proposed law (Ch.C. Art. 1192.4) requires the court to grant the motion for disclosure if the parties
have complied with the counseling requirement and if the biological parent has consented in writing
to the release of identifying information.
Proposed law requires the court to deny the motion for disclosure if the biological parent does not
consent in writing to the release of identifying information. (Amends Ch.C. Arts. 1185, 1187, 1188, and 1191(intro. para.) and (1); Adds Ch.C. Arts.
1192.1-1192.4)