The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 392 Original 2018 Regular Session Carter
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.
(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 18 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.
(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 18 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)