South Dakota 2023 Regular Session

South Dakota House Bill HB1231

Introduced
2/1/23  
Refer
2/1/23  
Report Pass
2/15/23  
Engrossed
2/16/23  
Refer
2/21/23  
Report Pass
2/27/23  
Enrolled
2/28/23  

Caption

Revise certain provisions related to the sealing of adoption records.

Impact

The impact of HB 1231 is significant as it aims to tighten the regulations around the handling of adoption records. By clearly delineating who can access these records and under what conditions, the bill reinforces the notion that adoption is a private affair, thus protecting the identities and histories of those involved. This could lead to fewer unwarranted intrusions into the lives of adopted individuals and their families, contributing to a supportive environment that respects their privacy. The new provisions stipulate that the Department of Social Services and licensed adoption agencies be notified before any such disclosures occur, allowing them to maintain oversight on what is shared.

Summary

House Bill 1231 aims to revise provisions related to the sealing of adoption records in the state of South Dakota. Specifically, the bill amends existing statutes to restrict the access and disclosure of adoption-related documents, thus enhancing the privacy of adoptive families and individuals involved in the adoption process. This legislative move is viewed as a step towards safeguarding sensitive personal information related to adoption, allowing access only under specific circumstances, such as through a court order or when the adoptee reaches the age of eighteen.

Sentiment

The sentiment surrounding HB 1231 appears predominantly positive, particularly among advocates for child welfare and privacy rights. Supporters believe that the revisions will strengthen the integrity of the adoption process and uphold the families' rights to confidentiality. However, it may also draw some critique from groups advocating for more open access to adoption records, pushing for transparency in the adoption process. This duality in sentiment highlights a broader societal discussion on the balance between privacy and access to information, emphasizing the complexities inherent in issues surrounding adoption.

Contention

There were points of contention discussed during the legislative process, particularly around the extent of restrictions placed on accessing adoption records. Some stakeholders argued that while protecting privacy is crucial, there should also be provisions in place that allow for adoptees to access their information as they become adults. This could ensure that they can understand their identities and histories without overly restrictive barriers. The bill’s language and the potential implications of its passage thus have become focal points for debate, reflecting varying perspectives on how best to manage rights and access within adoption.

Companion Bills

No companion bills found.

Previously Filed As

SD SB199

Revise provisions related to a name change for certain crime victims.

SD AB160

Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

SD AB160A

Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

SD AB227

Revises provisions governing adoption. (BDR 11-928)

SD AB201

Revises provisions relating to the sealing of certain records. (BDR 3-843)

SD HB1257

Revise provisions related to the identification of minors in certain public records.

SD HF1778

Adult adoptee access to their own original birth records and other adoption-related information governing provisions modified.

SD AB275

Revises provisions governing the sealing of criminal records. (BDR 14-204)

SD SB140

Revise certain provisions relating to voter registration.

SD SB2284

Disclosure of information in adoption proceedings and access to birth records.

Similar Bills

No similar bills found.