Louisiana 2022 2022 Regular Session

Louisiana House Bill HB450 Comm Sub / Analysis

                    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 Reengrossed 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.
Proposed law provides that a birth parent may at any time request from the office of children and
family services a contact preference form that shall accompany the adopted person's original birth certificate.
Proposed law provides that the contact preference form shall allow for the birth parent to indicate
whether and how he would like to be contacted.
Proposed law provides the contact preference form is a confidential communication from the birth
parent to the person named on the sealed birth certificate and shall be placed in a sealed envelope
upon receipt from the birth parent. The sealed envelope shall be released to the registrar of vital
records and placed in the sealed file containing the original birth certificate. The contact preference
form shall be released to an adopted person when he requests his original birth certificate.
(Amends Ch.C. Arts. 1186(A), 1188(C), and 1720(B) 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))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add provisions regarding the contact preference form executed by the birth parent.