BILL NUMBER: AB 372	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2009

   An act to amend Section 102705 of, and to add Section 102704 to,
the Health and Safety Code, relating to adoption records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 372, as introduced, Ma. Adoption records.
   Existing law requires that a court report of adoption be filed
with the original record of birth and that these records remain a
part of the records of the State Registrar. Existing law provides
that records related to adoptions, other than a newly issued birth
certificate, shall be available only upon the order of the superior
court of the county of residence of the adopted child or of the
county granting the order of adoption. The order shall not be granted
unless a verified petition setting forth facts showing the necessity
of the order has been presented to the court and good and compelling
cause is shown for granting the order.
   This bill would expand the exception described above to also apply
if an adoptee who is at least 18 years of age submits to the court a
written, signed, and notarized request for a copy of the original
record of his or her birth. The bill would make related and
clarifying changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 102704 is added to the Health and Safety Code,
to read:
   102704.  A copy of the original record of birth shall be made
available to a person who is the subject of that record if all of the
following criteria are met:
   (a) The person is at least 18 years of age.
   (b) The person was adopted.
   (c) The person submits to the court a written request for a copy
of his or her original record of birth. The request shall be signed
by the person and notarized.
  SEC. 2.  Section 102705 of the Health and Safety Code is amended to
read:
   102705.   (a)    All records and information
specified in this article, other than the newly issued birth
certificate, shall be available only upon the order of the superior
court of the county of residence of the adopted child or the superior
court of the county granting the order of adoption. 
   No such 
    (b)     An  order  described in
subdivision (a)  shall  not  be granted by the superior
court  unless a   , except under either of t
  he following circumstances: 
    (1)     An order making available all
records and information specified in this article, other than the
newly issued birth certificate, may be granted if a  verified
petition setting forth facts showing the necessity of the order has
been presented to the court and good and compelling cause is shown
for the granting of the order.  The  
   (2) An order making available a copy of the original record of
birth to a person who was adopted and who is 18 years of age or older
may be granted if a written request has been submitted to the court
pursuant to Section 102704. 
    (c)     The  clerk of the superior
court shall send a copy of the petition  or written request 
to the State Department of Social Services and the department shall
send  to the court  a copy of all records and information it
has concerning the adopted person  with the name and address
of the natural parents removed to the court   , 
 or a copy of the original certificate of birth, as applicable
 . The court  must   shall  review
these records before making an order and the order  should so
  may  state  that the court has conducted
that review  . If the petition is by or on behalf of an adopted
child who  has attained majority  is 18 years of
age or older  , these facts shall be given great weight, but
the granting of any petition is solely within the sound discretion of
the court. 
   The 
    (d)     The  name and address of the
natural parents shall be given to the petitioner  or requester
 only if he or she can demonstrate that the name and address, or
either of them, are necessary to assist him or her in establishing a
legal right.  In all other cases, that information shall be
redacted from all records and information provided, including a copy
of an original record of birth.