The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 231 Original 2016 Regular Session Martiny
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.
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. Arts. 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)