House of Representatives
State of Utah
Madam Speaker:
The Judiciary Committee recommends H.B. 256, ADOPTION RECORDS ACCESS
AMENDMENTS, by Representative J. Nielson, be replaced and reports a favorable recommendation on
2nd Sub. H.B. 256, ADOPTION RECORDS ACCESS AMENDMENTS with the following
amendments:
mother to be made available
Voting: 8-1-0
1. Page
2, Lines 54 through 55
:
54
78B-6-116
, as renumbered and amended by Laws of Utah 2008, Chapter 3
55
78B-6-141
, as last amended by Laws of Utah 2012, Chapter 340
2. Page
5, Lines 121 through 125
:
121
has demonstrated a direct, tangible, and legitimate interest.
122
(3) (a) For purposes of this Subsection (3), "adoption documents" is as defined in
123
Section
78B-6-103
.
124
(b) Only the Office of Vital Records and Statistics or a
Utah district
}
court
may issue
125
adoption documents.
3. Page
8, Lines 215 through 220
:
215
any other person with respect to the child.
216
(3) "Adoption documents" means adoption-related documents filed with a
Utah
district
}
217
court or with the office, including a petition for adoption, the written report described in
218
Section
78B-6-135
, any other documents filed in connection with the petition, and a
decree of
219
adoption.
220
[(3)] (4) "Adoption service provider" means a:
4. Page
13, Lines 391 through 392
:
391
(7) A court may, based on a finding of good cause, waive the notification
requirement
392
described in Subsection (6).
78B-6-124
.
Persons who may take consents and relinquishments.
(1) A consent or relinquishment by a birth mother or an adoptee shall be signed
before:
(a) a judge of any court that has jurisdiction over adoption proceedings;
(b) subject to Subsection (6), a person appointed by the judge described in
Subsection (1)(a) to take consents or relinquishments; or
(c) subject to Subsection (6), a person who is authorized by a child-placing agency
to take consents or relinquishments, if the consent or relinquishment grants legal custody
of the child to a child-placing agency or an extra-jurisdictional child-placing agency.
(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state
it shall be signed before:
(a) subject to Subsection (6), a person who is authorized by a child-placing agency
to take consents or relinquishments, if the consent or relinquishment grants legal custody
of the child to a child-placing agency or an extra-jurisdictional child-placing agency;
(b) subject to Subsection (6), a person authorized or appointed to take consents or
relinquishments by a court of this state that has jurisdiction over adoption proceedings;
(c) a court that has jurisdiction over adoption proceedings in the state where the
consent or relinquishment is taken; or
(d) a person authorized, under the laws of the state where the consent or
relinquishment is taken, to take consents or relinquishments of a birth mother or adoptee.
(3) The consent or relinquishment of any other person or agency as required by
Section
78B-6-120
may be signed before a Notary Public or any person authorized to take
a consent or relinquishment under Subsection (1) or (2).
(b) If the birth mother declines to permit identifying information to be made
available for inspection and copying, the person authorized by Subsection (1) or (2)
to take consents or relinquishments shall assist the birth mother with filing a written
document that states the birth mother's refusal in accordance with Subsection
78B-6-141(3).
(4)
}
(5)
A person, authorized by Subsection (1) or (2) to take consents or
relinquishments, shall certify to the best of his information and belief that the person
executing the consent or relinquishment has read and understands the consent or
relinquishment and has signed it freely and voluntarily.
(5)
}
(6)
A person executing a consent or relinquishment is entitled to
receive a copy of the consent or relinquishment.
(6)
}
(7)
A signature described in Subsection (1)(b), (1)(c), (2)(a), or
(2)(b), shall be:
(a) notarized; or
(b) witnessed by two individuals who are not members of the birth mother's or the
signatory's immediate family.
5. Page
14, Line 405 through Page 15, Line 432
:
405
(3) (a) Except as provided in Subsection (3)(b), for an adoption finalized on or after
406
January 1, 2015, the office shall make the adoption documents available for inspection
and
407
copying to a party to the adoption proceeding if the party who requests the documents:
408
(i) is an adult at the time of the request; and
409
(ii) makes the request on a form designated by the office.
410
(b) Subject to
Subsections
}
Subsection
(3)(d)
{
and (e)
}
, for an
adoption finalized on or after January
411
1, 2015, a birth mother may, at or after the time of finalization, file a written document
with the
412
office stating that she
refuses
}
declines
to permit identifying information about
the birth mother to be
413
made available for inspection or copying.
414
(c) Subject to
Subsections
}
Subsection
(3)(d)
{
and (e)
}
, if a birth
mother elects, under Subsection
415
(3)(b), to
refuse
}
decline
to permit identifying information about the birth
416
for inspection or copying, the office shall, before providing copies of the adoption
documents
417
to an individual other than the birth mother, redact all identifying information about the
birth
418
mother.
419
(d)
Subject to Subsection (3)(e),
}
{
a
}
A
birth mother may, at any
time, file a written
420
document with the office to:
421
(i) change the election described in Subsection (3)(b); or
422
(ii) elect to make other information about herself, including an updated medical
423
history, available for inspection and copying by a party to the adoption proceeding if the
party
424
who requests the information is an adult at the time of the request.
425
(e) (i) If the birth mother is a minor at the time of finalization, only the
birth mother's
426
parent or legal guardian may consent to and sign the birth mother's written refusal
under
427
Subsection (3)(b).
428
(ii) If the birth mother is a minor at the time she decides to change the election
or make
429
other information about herself available under Subsection (3)(d), only the birth
mother's
430
parent or legal guardian may consent to and sign the birth mother's written election
under
431
Subsection (3)(d).
}
432
[(2) The] (4) Except as otherwise provided in this section, the adoption documents
Respectfully,
Kay L. McIff
Committee Chair
7 HB0256.HC1.wpd 2/21/14 5:19 pm chelsealloyd/CBL LAK/MDA
Bill Number
*HB0256S02*
HB0256S02