Making adoption records accessible for medical purposes
Impact
The proposed changes will amend existing statutes related to adoption and parental rights, significantly enhancing the rights of adopted individuals. This bill requires the Department of Health and Human Resources to administer records management and process requests for identifying information. The new provisions also mandate that biological parents whose rights are terminated provide relevant personal information, thus ensuring that adoptive children can access historical medical data that may be critical for their health care needs.
Summary
Senate Bill 153 aims to reform adoption laws in West Virginia by making adoption records more accessible to adoptees. It establishes a formal procedure through which individuals who have been adopted can obtain copies of their original birth certificates. Additionally, the bill facilitates the sharing of certain personal identifying information regarding biological parents to the adopted individuals, subject to consent from those biological parents. The intention behind the legislation is to grant adult adoptees better access to their medical history and other essential personal information which may impact their health and well-being.
Sentiment
The sentiment surrounding SB 153 appears to be largely positive, especially among advocates for adoptee rights and public health. Supporters argue that access to biological medical histories can lead to improved health outcomes for adoptees. However, there may be concerns regarding privacy and the emotional implications for biological parents, particularly those who may prefer to maintain anonymity following an adoption. This balance between the right to information for adoptees and the privacy of biological parents remains a delicate point of discussion.
Contention
Notable points of contention may arise concerning the implications of consent for sharing personal identifying information. Critics worry that while it is essential to provide medical history for health reasons, the potential for unconsented disclosures could infringe on the privacy of biological parents. Moreover, stakeholders will need to examine how this bill interfaces with previously established laws regarding parental rights and the confidentiality of adoption records. Ensuring transparency and proper consent mechanisms will be vital to addressing these possible conflicts.
To unseal adoption records after 21 years of age for adoptees for a one time fee of $30 and issuance of an original birth certificate for the common birth certificate fee.
To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.
Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Requiring the court to appoint an attorney to represent a child who is the subject of child in need of care proceedings and allowing for the optional appointment of a guardian ad litem.