Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB13 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 13
5	5	February 7, 2023 - Introduced by Representatives TITTL, ARMSTRONG, BRANDTJEN,
6	6	GUNDRUM, MURPHY, MURSAU, TUSLER and WICHGERS, cosponsored by Senators
7	7	JACQUE, JAMES, MARKLEIN, TAYLOR and TOMCZYK. Referred to Committee on
8	8	Children and Families.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 48.433 (3) (a); to renumber and amend 69.14 (3) (c) and 69.15
11	11	(6) (b); to consolidate, renumber and amend 48.433 (3) (intro.) and (b); to
12	12	amend 48.433 (2), 48.433 (8) (a) and 69.22 (1) (b); and to create 69.14 (3) (c)
13	13	3., 69.15 (6) (b) 4. and 69.21 (2) (bm) of the statutes; relating to: access to an
14	14	original impounded birth record.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill expands access to original impounded birth records, allowing an
17	17	adoptee whose original birth record has been impounded to receive an uncertified
18	18	copy of that impounded record upon request once the adoptee is 18 years of age.
19	19	Under current law, the Department of Children and Families administers an
20	20	adoption search program under which a person 18 years of age or over whose birth
21	21	parent's rights have been terminated in this state may request DCF to provide the
22	22	person with any information that is available to DCF regarding the identity and
23	23	location of the person's birth parents. DCF may provide the identity and location of
24	24	a birth parent only if DCF has on file an unrevoked affidavit from each known birth
25	25	parent authorizing DCF to disclose that information. If DCF does not have on file
26	26	an unrevoked affidavit from each known birth parent, DCF must search for each
27	27	birth parent who has not filed an affidavit and, upon locating a birth parent, must
28	28	give the birth parent an opportunity to file an affidavit. If a known birth parent
29	29	cannot be located, DCF may disclose the identity and location of that birth parent if
30	30	the other birth parent has filed an unrevoked affidavit. If one birth parent is known
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37	37	ASSEMBLY BILL 13
38	38	to be deceased and the other alive, DCF must provide the identity of the deceased
39	39	parent, but may provide the original birth certificate and the identity and location
40	40	of the living birth parent only if that birth parent has filed an unrevoked affidavit.
41	41	Generally, under current law, if the state registrar receives a court or
42	42	administrative order providing for an adoption, the state registrar must prepare a
43	43	new birth record for the subject of the adoption unless the adoptive parents or the
44	44	adoptee requests that no new record be prepared. The new record must show certain
45	45	information including the names and personal information of the adoptive parents
46	46	and must show the hospital and time of birth as unknown. The state registrar must
47	47	impound the original birth record and all related materials and may generally not
48	48	provide access to them, except when authorized by the birth parent in an affidavit
49	49	prepared using the procedure under current law that is described above.
50	50	The bill eliminates language allowing for access to an adoptee's original
51	51	impounded birth record only when access has been granted by the birth parent in an
52	52	affidavit. The bill instead requires the state registrar to provide any person over the
53	53	age of 18 whose original birth record has been impounded with unrestricted access
54	54	to the person's original unaltered birth record and issue that person an uncertified
55	55	copy of the original unaltered birth record. The bill also requires that the state
56	56	registrar, when issuing an uncertified copy of an original impounded birth record, to
57	57	inform the recipient about current law provisions regarding access to certain
58	58	information about a person's birth parents. The bill does not change certain
59	59	restrictions applicable to vital record access in the circumstance of adoptions
60	60	involving an Indian child.
61	61	For further information see the state fiscal estimate, which will be printed as
62	62	an appendix to this bill.
63	63	The people of the state of Wisconsin, represented in senate and assembly, do
64	64	enact as follows:
65	65	SECTION 1. 48.433 (2) of the statutes is amended to read:
66	66	48.433 (2) Any birth parent whose rights have been terminated in this state
67	67	at any time, or who has consented to the adoption of his or her child in this state
68	68	before February 1, 1982, may file with the department, or agency contracted with
69	69	under sub. (11), an affidavit authorizing the department or agency to provide the
70	70	child with his or her original birth certificate and with any other available
71	71	information about the birth parent's identity and location. An affidavit filed under
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81	81	SECTION 1
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83	83	this subsection may be revoked at any time by notifying the department or agency
84	84	in writing.
85	85	SECTION 2. 48.433 (3) (intro.) and (b) of the statutes are consolidated,
86	86	renumbered 48.433 (3) and amended to read:
87	87	48.433 (3) Any person 18 years of age or over whose birth parent's rights have
88	88	been terminated in this state or who has been adopted in this state with the consent
89	89	of his or her birth parent or parents before February 1, 1982, may request the
90	90	department, or agency contracted with under sub. (11), to provide the person with
91	91	the following: (b) Any any available information regarding the identity and location
92	92	of his or her birth parents.
93	93	SECTION 3. 48.433 (3) (a) of the statutes is repealed.
94	94	SECTION 4. 48.433 (8) (a) of the statutes is amended to read:
95	95	48.433 (8) (a) If a birth parent of a requester under sub. (3) is known to be
96	96	deceased, the department, or agency contracted with under sub. (11), shall so inform
97	97	the requester. The department or agency shall provide the requester with the
98	98	identity of the deceased parent. If both birth parents are known to be deceased, the
99	99	department or agency shall provide the requester with his or her original birth
100	100	certificate. If only one birth parent is known to be deceased, the department or
101	101	agency shall provide the requester with his or her original birth certificate and any
102	102	available information it has on file regarding the identity and location of the other
103	103	birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).
104	104	SECTION 5. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and
105	105	amended to read:
106	106	69.14 (3) (c) (intro.) If at any time after a birth record is filed for a registrant
107	107	under this subsection a birth record filed for the registrant at the time of birth of the
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134	134	SECTION 5 ASSEMBLY BILL 13
135	135	registrant is found or the registrant is adopted and the adoptive parents sign a birth
136	136	record giving their names as the adoptive parents, the state registrar shall impound
137	137	the birth record filed under this subsection and prohibit access thereto, except by
138	138	under any of the following circumstances:
139	139	1. In response to a court order or except by.
140	140	2. To the state registrar for processing purposes.
141	141	SECTION 6. 69.14 (3) (c) 3. of the statutes is created to read:
142	142	69.14 (3) (c) 3. When providing an uncertified copy of the impounded birth
143	143	record to the registrant in accordance with s. 69.21 (2) (bm).
144	144	SECTION 7. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and
145	145	amended to read:
146	146	69.15 (6) (b) (intro.) The state registrar shall register a new record created
147	147	under this section and shall impound the original record or the record registered
148	148	under sub. (5) and all correspondence, affidavits, court orders and other related
149	149	materials and prohibit access thereto, except by under any of the following
150	150	circumstances:
151	151	1. In response to a court order or except by.
152	152	2. To the state registrar for processing purposes or except when.
153	153	3. When a disclosure is authorized under ss. s. 48.432 and 48.433.
154	154	(bm) The state registrar shall send notice of any new record registered under
155	155	this section to the local registrar who filed the original record. Upon notification, the
156	156	local registrar shall destroy his or her copy of the original record.
157	157	SECTION 8. 69.15 (6) (b) 4. of the statutes is created to read:
158	158	69.15 (6) (b) 4. When providing an uncertified copy of the impounded birth
159	159	record to the registrant in accordance with s. 69.21 (2) (bm).
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187	187	SECTION 9
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189	189	SECTION 9. 69.21 (2) (bm) of the statutes is created to read:
190	190	69.21 (2) (bm) 1. If a registrant is 18 years of age or older and is the subject of
191	191	a birth record that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b), the state
192	192	registrar shall, upon request by the registrant, provide the registrant with
193	193	unrestricted access to the registrant's unaltered birth record impounded under s.
194	194	69.14 (3) (c) or 69.15 (6) (b) and issue to the registrant an uncertified copy of the
195	195	registrant's unaltered birth record impounded under s. 69.14 (3) (c) or 69.15 (6) (b).
196	196	2. When issuing an uncertified copy of a birth record to a registrant under subd.
197	197	1., the state registrar shall inform the registrant of the provisions of ss. 48.432 and
198	198	48.433.
199	199	SECTION 10. 69.22 (1) (b) of the statutes is amended to read:
200	200	69.22 (1) (b) Except as provided under par. (c), $20 for issuing an uncertified
201	201	copy of a vital record issued under s. 69.21 (2) (a) or, (b), or (bm), $7 for verifying
202	202	information about the event submitted by a requester without issuance of a copy, and
203	203	$3 for any additional copy of the same vital record issued at the same time.
204	204	SECTION 11.0Initial applicability.
205	205	(1) The treatment of ss. 69.21 (2) (bm) and 69.22 (1) (b), the renumbering and
206	206	amendment of ss. 69.14 (3) (c) and 69.15 (6) (b), and the creation of ss. 69.14 (3) (c)
207	207	3. and 69.15 (6) (b) 4. first apply to a request made for an uncertified copy of an
208	208	impounded birth record on the effective date of this subsection.
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