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 450 Engrossed 2022 Regular Session Charles Owen
Abstract: Authorizes adopted persons to request an uncertified copy of their original birth
certificate from the registrar of vital records.
Present law (Ch.C. Art. 1186) provides adoption records shall be retained in confidential court files
and that it shall be unlawful for anyone except the biological or adopting parent to disclose
identifying information concerning an adoption case except upon order of the court or for purposes
directly connected with an adoption agency's responsibilities in relation to adoption work.
Present law (Ch.C. Art. 1188) authorizes an adopted person or his legal representative on his behalf
to file a motion for disclosure of information pertaining to his adoption.
Present law (Ch.C. Art. 1127) authorizes an adopted person or his legal representative on his behalf,
or a surrendering biological parent to, upon written request, obtain nonidentifying medical or genetic
information from the agency, firm, or lawyer involved in an adoption.
Present law provides that the motion for disclosure and the limited medical exception provided by
present law are the exclusive means for gaining access to records of adoptions.
Present law provides procedures for the confidentiality of adoption records for adoptions completed
prior to July 27, 1938 (R.S. 40:73), adoptions of a person born in La. completed in a court in any
other state or territory of the U.S. (R.S. 40:77), and all other adoptions (R.S. 40:79).
Present law requires that when a final decree of adoption is entered, the clerk of court shall forward
his certificate of the decree to the state registrar of vital records who shall make a new certificate of
live birth of the adopted person and shall seal and file the original certificate of birth with the
certificate of the decree. This sealed package may be opened only by court order.
Proposed law provides that in addition to receiving an original birth certificate through the present
law motion for disclosure and the limited medical exception, an adopted person who is 24 years of
age or older may request an uncertified copy of his birth certificate from the state registrar. Provides
that the registrar shall open the sealed package and issue an uncertified copy of the original birth
certificate to the adopted person in accordance with regulations promulgated in accordance with the
Administrative Procedure Act for a certified copy of a vital record.
(Amends Ch.C. Arts. 1186(A) and 1188(C) and R.S. 40:73(B) and (D), 77(B) and (D), and 79(A)(4)
and (D); Adds R.S. 40:73(E), 77(E), and 79(E))