2nd Sub.
H.B.
256
ADOPTION RECORDS ACCESS AMENDMENTS
House Committee
Amendments
Amendment 1 February 17, 2014 10:50 AM
Representative Jim Nielson
proposes the following amendments:
1. 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.
2. Page
8, Lines 215 through 219
:
215
any other personwith 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.
3. 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 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 to permit identifying information about the birth mother to be made available
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