Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB15 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 SENATE BILL 15
5	5	January 27, 2023 - Introduced by Senators JACQUE, JAMES, MARKLEIN, TAYLOR and
6	6	TOMCZYK, cosponsored by Representatives TITTL, ARMSTRONG, BRANDTJEN,
7	7	GUNDRUM, MURPHY, MURSAU, TUSLER and WICHGERS. Referred to Committee on
8	8	Mental Health, Substance Abuse Prevention, Children and Families.
9	9	AN ACT to repeal 48.433 (3) (a); to renumber and amend 69.14 (3) (c) and 69.15
10	10	(6) (b); to consolidate, renumber and amend 48.433 (3) (intro.) and (b); to
11	11	amend 48.433 (2), 48.433 (8) (a) and 69.22 (1) (b); and to create 69.14 (3) (c)
12	12	3., 69.15 (6) (b) 4. and 69.21 (2) (bm) of the statutes; relating to: access to an
13	13	original impounded birth record.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill expands access to original impounded birth records, allowing an
16	16	adoptee whose original birth record has been impounded to receive an uncertified
17	17	copy of that impounded record upon request once the adoptee is 18 years of age.
18	18	Under current law, the Department of Children and Families administers an
19	19	adoption search program under which a person 18 years of age or over whose birth
20	20	parent's rights have been terminated in this state may request DCF to provide the
21	21	person with any information that is available to DCF regarding the identity and
22	22	location of the person's birth parents. DCF may provide the identity and location of
23	23	a birth parent only if DCF has on file an unrevoked affidavit from each known birth
24	24	parent authorizing DCF to disclose that information. If DCF does not have on file
25	25	an unrevoked affidavit from each known birth parent, DCF must search for each
26	26	birth parent who has not filed an affidavit and, upon locating a birth parent, must
27	27	give the birth parent an opportunity to file an affidavit. If a known birth parent
28	28	cannot be located, DCF may disclose the identity and location of that birth parent if
29	29	the other birth parent has filed an unrevoked affidavit. If one birth parent is known
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36	36	SENATE BILL 15
37	37	to be deceased and the other alive, DCF must provide the identity of the deceased
38	38	parent, but may provide the original birth certificate and the identity and location
39	39	of the living birth parent only if that birth parent has filed an unrevoked affidavit.
40	40	Generally, under current law, if the state registrar receives a court or
41	41	administrative order providing for an adoption, the state registrar must prepare a
42	42	new birth record for the subject of the adoption unless the adoptive parents or the
43	43	adoptee requests that no new record be prepared. The new record must show certain
44	44	information including the names and personal information of the adoptive parents
45	45	and must show the hospital and time of birth as unknown. The state registrar must
46	46	impound the original birth record and all related materials and may generally not
47	47	provide access to them, except when authorized by the birth parent in an affidavit
48	48	prepared using the procedure under current law that is described above.
49	49	The bill eliminates language allowing for access to an adoptee's original
50	50	impounded birth record only when access has been granted by the birth parent in an
51	51	affidavit. The bill instead requires the state registrar to provide any person over the
52	52	age of 18 whose original birth record has been impounded with unrestricted access
53	53	to the person's original unaltered birth record and issue that person an uncertified
54	54	copy of the original unaltered birth record. The bill also requires that the state
55	55	registrar, when issuing an uncertified copy of an original impounded birth record, to
56	56	inform the recipient about current law provisions regarding access to certain
57	57	information about a person's birth parents. The bill does not change certain
58	58	restrictions applicable to vital record access in the circumstance of adoptions
59	59	involving an Indian child.
60	60	For further information see the state fiscal estimate, which will be printed as
61	61	an appendix to this bill.
62	62	The people of the state of Wisconsin, represented in senate and assembly, do
63	63	enact as follows:
64	64	SECTION 1. 48.433 (2) of the statutes is amended to read:
65	65	48.433 (2) Any birth parent whose rights have been terminated in this state
66	66	at any time, or who has consented to the adoption of his or her child in this state
67	67	before February 1, 1982, may file with the department, or agency contracted with
68	68	under sub. (11), an affidavit authorizing the department or agency to provide the
69	69	child with his or her original birth certificate and with any other available
70	70	information about the birth parent's identity and location. An affidavit filed under
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80	80	SECTION 1
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82	82	this subsection may be revoked at any time by notifying the department or agency
83	83	in writing.
84	84	SECTION 2. 48.433 (3) (intro.) and (b) of the statutes are consolidated,
85	85	renumbered 48.433 (3) and amended to read:
86	86	48.433 (3) Any person 18 years of age or over whose birth parent's rights have
87	87	been terminated in this state or who has been adopted in this state with the consent
88	88	of his or her birth parent or parents before February 1, 1982, may request the
89	89	department, or agency contracted with under sub. (11), to provide the person with
90	90	the following: (b) Any any available information regarding the identity and location
91	91	of his or her birth parents.
92	92	SECTION 3. 48.433 (3) (a) of the statutes is repealed.
93	93	SECTION 4. 48.433 (8) (a) of the statutes is amended to read:
94	94	48.433 (8) (a) If a birth parent of a requester under sub. (3) is known to be
95	95	deceased, the department, or agency contracted with under sub. (11), shall so inform
96	96	the requester. The department or agency shall provide the requester with the
97	97	identity of the deceased parent. If both birth parents are known to be deceased, the
98	98	department or agency shall provide the requester with his or her original birth
99	99	certificate. If only one birth parent is known to be deceased, the department or
100	100	agency shall provide the requester with his or her original birth certificate and any
101	101	available information it has on file regarding the identity and location of the other
102	102	birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).
103	103	SECTION 5. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and
104	104	amended to read:
105	105	69.14 (3) (c) (intro.) If at any time after a birth record is filed for a registrant
106	106	under this subsection a birth record filed for the registrant at the time of birth of the
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133	133	SECTION 5 SENATE BILL 15
134	134	registrant is found or the registrant is adopted and the adoptive parents sign a birth
135	135	record giving their names as the adoptive parents, the state registrar shall impound
136	136	the birth record filed under this subsection and prohibit access thereto, except by
137	137	under any of the following circumstances:
138	138	1. In response to a court order or except by.
139	139	2. To the state registrar for processing purposes.
140	140	SECTION 6. 69.14 (3) (c) 3. of the statutes is created to read:
141	141	69.14 (3) (c) 3. When providing an uncertified copy of the impounded birth
142	142	record to the registrant in accordance with s. 69.21 (2) (bm).
143	143	SECTION 7. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and
144	144	amended to read:
145	145	69.15 (6) (b) (intro.) The state registrar shall register a new record created
146	146	under this section and shall impound the original record or the record registered
147	147	under sub. (5) and all correspondence, affidavits, court orders and other related
148	148	materials and prohibit access thereto, except by under any of the following
149	149	circumstances:
150	150	1. In response to a court order or except by.
151	151	2. To the state registrar for processing purposes or except when.
152	152	3. When a disclosure is authorized under ss. s. 48.432 and 48.433.
153	153	(bm) The state registrar shall send notice of any new record registered under
154	154	this section to the local registrar who filed the original record. Upon notification, the
155	155	local registrar shall destroy his or her copy of the original record.
156	156	SECTION 8. 69.15 (6) (b) 4. of the statutes is created to read:
157	157	69.15 (6) (b) 4. When providing an uncertified copy of the impounded birth
158	158	record to the registrant in accordance with s. 69.21 (2) (bm).
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186	186	SECTION 9
187	187	SENATE BILL 15
188	188	SECTION 9. 69.21 (2) (bm) of the statutes is created to read:
189	189	69.21 (2) (bm) 1. If a registrant is 18 years of age or older and is the subject of
190	190	a birth record that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b), the state
191	191	registrar shall, upon request by the registrant, provide the registrant with
192	192	unrestricted access to the registrant's unaltered birth record impounded under s.
193	193	69.14 (3) (c) or 69.15 (6) (b) and issue to the registrant an uncertified copy of the
194	194	registrant's unaltered birth record impounded under s. 69.14 (3) (c) or 69.15 (6) (b).
195	195	2. When issuing an uncertified copy of a birth record to a registrant under subd.
196	196	1., the state registrar shall inform the registrant of the provisions of ss. 48.432 and
197	197	48.433.
198	198	SECTION 10. 69.22 (1) (b) of the statutes is amended to read:
199	199	69.22 (1) (b) Except as provided under par. (c), $20 for issuing an uncertified
200	200	copy of a vital record issued under s. 69.21 (2) (a) or, (b), or (bm), $7 for verifying
201	201	information about the event submitted by a requester without issuance of a copy, and
202	202	$3 for any additional copy of the same vital record issued at the same time.
203	203	SECTION 11.0Initial applicability.
204	204	(1) The treatment of ss. 69.21 (2) (bm) and 69.22 (1) (b), the renumbering and
205	205	amendment of ss. 69.14 (3) (c) and 69.15 (6) (b), and the creation of ss. 69.14 (3) (c)
206	206	3. and 69.15 (6) (b) 4. first apply to a request made for an uncertified copy of an
207	207	impounded birth record on the effective date of this subsection.
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