Second Substitute H.B. 256
This document includes House Committee Amendments incorporated into the bill on Mon, Feb 24, 2014 at 11:58 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 3, 2014 at 5:11 PM by lerror. --> This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 7, 2014 at 4:11 PM by lpoole. -->
7 LONG TITLE
8 General Description:
9 This bill modifies Title 78B, Chapter 6, Part 1, Utah Adoption Act, by amending
10 provisions relating to disclosing information in an adoption record and by requiring the
11 Office of Vital Records and Statistics to establish a fee relating to requesting adoption
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . establishes procedures and requirements for the Office of Vital Records and
17 Statistics (the office) to make the original birth certificate, for an adoption finalized
18 before March 22, 1941, available for inspection;
19 . provides that copies of adoption documents, relating to an adoption finalized on or
20 after January 1, 2015, shall be made available for inspection:
21 . by an adult H. adoptee or a .H party to the adoption proceeding, unless the birth
21a mother specifies
22 otherwise; or
23 . as otherwise provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act;
24 . provides that a birth mother may elect to make additional information, including an
25 updated medical history, available for inspection by H. an adult adoptee or .H a party to the
27 . provides for the establishment of fees relating to use of a mutual-consent, voluntary
28 adoption registry (the registry) and other requests for adoption records;
29 . provides for the release of information from the registry if the birth parent dies;
30 . provides for funding, automating, improving, and advertising the services described
31 in this bill;
32 . requires the office to establish a fee relating to requesting adoption information and
33 describes the funding and use of the fee; and
34 . makes technical changes.
35 Money Appropriated in this Bill:
36 This bill appropriates:
37 . to the Department of Health - Adoption Records Access:
38 . from the General Fund, $50,000, subject to intent language that the
39 appropriation shall be used for the purposes described in Subsection
40 78B-6-144.5 (2); and
41 . from Dedicated Credits Revenue, $26,200, subject to intent language that the
42 appropriation shall be used for the purposes described in Subsection
43 78B-6-144.5 (2).
44 Other Special Clauses:
46 Utah Code Sections Affected:
48 26-2-10 , as last amended by Laws of Utah 2008, Chapter 3
49 26-2-15 , as last amended by Laws of Utah 2008, Chapter 3
50 26-2-22 , as last amended by Laws of Utah 2012, Chapter 391
51 63J-1-602.5 , as last amended by Laws of Utah 2011, Chapters 208, 303, and 342
52 78B-6-103 , as last amended by Laws of Utah 2012, Chapter 340
53 78B-6-115 , as last amended by Laws of Utah 2012, Chapter 340
54 78B-6-116 , as renumbered and amended by Laws of Utah 2008, Chapter 3
54a H. 78B-6-124, as last amended by Laws of Utah 2008, Chapter 137 and renumbered
54b and amended by Laws of Utah 2008, Chapter 3 .H
55 78B-6-141 , as last amended by Laws of Utah 2012, Chapter 340
56 78B-6-144 , as last amended by Laws of Utah 2012, Chapter 340
58 78B-6-144.5 , Utah Code Annotated 1953
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 26-2-10 is amended to read:
62 26-2-10. Supplementary certificate of birth.
63 (1) Any person born in this state who is legitimized by the subsequent marriage of [
64 the person's natural parents, or whose parentage has been determined by any U.S. state court or
65 Canadian provincial court having jurisdiction, or who has been legally adopted under the law
66 of this or any other state or any province of Canada, may request the state registrar to register a
67 supplementary certificate of birth on the basis of that status.
68 (2) The application for registration of a supplementary certificate may be made by the
69 person requesting registration, if [
70 any agency authorized to receive children for placement or adoption under the laws of this or
71 any other state.
72 (3) (a) The state registrar shall require that an applicant submit identification and proof
73 according to department rules.
74 (b) In the case of an adopted person, that proof may be established by order of the court
75 in which the adoption proceedings were held.
76 (4) (a) After the supplementary certificate is registered, any information disclosed from
77 the record shall be from the supplementary certificate.
78 (b) Access to the original certificate and to the evidence submitted in support of the
79 supplementary certificate are not open to inspection except [
81 Section 2. Section 26-2-15 is amended to read:
82 26-2-15. Petition for establishment of unregistered birth or death -- Court
84 (1) A person holding a direct, tangible, and legitimate interest as described in
85 Subsection 26-2-22 [
86 and place of a birth or death that is not registered or for which a certified copy of the registered
87 birth or death certificate is not obtainable. The person shall verify the petition and file it in the
88 Utah district court for the county where:
89 (a) the birth or death is alleged to have occurred;
90 (b) the person resides whose birth is to be established; or
91 (c) the decedent named in the petition resided at the date of death.
92 (2) In order for the court to have jurisdiction, the petition shall:
93 (a) allege the date, time, and place of the birth or death; and
94 (b) state either that no certificate of birth or death has been registered or that a copy of
95 the registered certificate cannot be obtained.
96 (3) The court shall set a hearing for five to 10 days after the filing of the petition.
97 (4) (a) If the time and place of birth or death are in question, the court shall hear
98 available evidence and determine the time and place of the birth or death.
99 (b) If the time and place of birth or death are not in question, the court shall determine
100 the time and place of birth or death to be those alleged in the petition.
101 (5) A court order under this section shall be made on a form prescribed and furnished
102 by the department and is effective upon the filing of a certified copy of the order with the state
104 (6) (a) For purposes of this section, the birth certificate of an adopted alien child, as
105 defined in Section 78B-6-108 , is considered to be unobtainable if the child was born in a
106 country that is not recognized by department rule as having an established vital records
107 registration system.
108 (b) If the adopted child was born in a country recognized by department rule, but a
109 person described in Subsection (1) is unable to obtain a certified copy of the birth certificate,
110 the state registrar shall authorize the preparation of a birth certificate if he receives a written
111 statement signed by the registrar of the child's birth country stating a certified copy of the birth
112 certificate is not available.
113 Section 3. Section 26-2-22 is amended to read:
114 26-2-22. Inspection of vital records.
115 (1) (a) The vital records shall be open to inspection, but only in compliance with the
116 provisions of this chapter, department rules, and [
117 (b) It is unlawful for any state or local officer or employee to disclose data contained in
118 vital records contrary to this chapter [
120 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
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 H. [
124a court may issue
125 adoption documents.
126 (c) The Office of Vital Records and Statistics shall issue adoption documents pursuant
127 to Sections 78B-6-141 and 78B-6-144 , and to this section, to the extent that this section does
128 not conflict with Sections 78B-6-141 and 78B-6-144 .
129 (d) A parent, or an immediate family member of a parent, who does not have legal or
130 physical custody of or visitation or parent-time rights for a child because of the termination of
131 parental rights to the child pursuant to Title 78A, Chapter 6, Juvenile Court Act, may not
132 obtain adoption documents.
133 (e) The Office of Vital Records and Statistics shall make rules in accordance with Title
134 63G, Chapter 3, Utah Administrative Rulemaking Act, related to the content of any forms and
135 the procedures required by Subsections 78B-6-141 (1) through (4), and Sections 78B-6-144 and
136 78B-6-144.5 .
138 (a) the request is from:
139 (i) the subject;
140 (ii) a member of the subject's immediate family;
141 (iii) the guardian of the subject;
142 (iv) a designated legal representative of the subject; or
143 (v) a person, including a child-placing agency as defined in Section 78B-6-103 , with
144 whom a child has been placed pending finalization of an adoption of the child;
145 (b) the request involves a personal or property right of the subject of the record;
146 (c) the request is for official purposes of a public health authority or a state, local, or
147 federal governmental agency;
148 (d) the request is for a statistical or medical research program and prior consent has
149 been obtained from the state registrar; or
150 (e) the request is a certified copy of an order of a court of record specifying the record
151 to be examined or copied.
153 (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
155 (b) a designated legal representative means an attorney, physician, funeral service
156 director, genealogist, or other agent of the subject or the subject's immediate family who has
157 been delegated the authority to access vital records; and
165 information may not be considered as having a direct, tangible, and legitimate interest.
167 office shall make the following records [
168 (a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding
169 confidential information collected for medical and health use, if 100 years or more have passed
170 since the date of birth;
171 (b) a death record if 50 years or more have passed since the date of death; and
172 (c) a vital record not subject to [
173 years or more have passed since the date of the event upon which the record is based.
174 (7) Upon payment of a fee established in accordance with Section 63J-1-504 , the office
175 shall make adoption documents available as provided in Sections 78B-6-141 and 78B-6-144 .
176 Section 4. Section 63J-1-602.5 is amended to read:
177 63J-1-602.5. List of nonlapsing funds and accounts -- Title 64 and thereafter.
178 (1) Funds collected by the housing of state probationary inmates or state parole
179 inmates, as provided in Subsection 64-13e-104 (2).
180 (2) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and
181 State Lands, as provided in Section 65A-8-103 .
182 (3) The Department of Human Resource Management user training program, as
183 provided in Section 67-19-6 .
184 (4) Funds for the University of Utah Poison Control Center program, as provided in
185 Section 69-2-5.5 .
186 (5) The Traffic Noise Abatement Program created in Section 72-6-112 .
187 (6) Certain funds received by the Office of the State Engineer for well drilling fines or
188 bonds, as provided in Section 73-3-25 .
189 (7) Certain money appropriated from the Water Resources Conservation and
190 Development Fund, as provided in Section 73-23-2 .
191 (8) Certain funds appropriated for compensation for special prosecutors, as provided in
192 Section 77-10a-19 .
193 (9) Funds donated or paid to a juvenile court by private sources, as provided in
194 Subsection 78A-6-203 (1)(c).
195 (10) A state rehabilitative employment program, as provided in Section 78A-6-210 .
196 (11) Fees for certificate of admission created under Section 78A-9-102 .
197 (12) The money for the Utah Geological Survey, as provided in Section 79-3-401 .
198 (13) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
199 Park, Jordan River State Park, and Green River State Park, as provided under Section
200 79-4-403 .
201 (14) Certain funds received by the Division of Parks and Recreation from the sale or
202 disposal of buffalo, as provided under Section 79-4-1001 .
203 (15) The Bonneville Shoreline Trail Program created under Section 79-5-503 .
204 (16) Funds appropriated and collected for adoption records access as provided in
205 Sections 78B-6-141 , 78B-6-144 , and 78B-6-144.5 .
206 Section 5. Section 78B-6-103 is amended to read:
207 78B-6-103. Definitions.
208 As used in this part:
209 (1) "Adoptee" means a person who:
210 (a) is the subject of an adoption proceeding; or
211 (b) has been legally adopted.
212 (2) "Adoption" means the judicial act that:
213 (a) creates the relationship of parent and child where it did not previously exist; and
214 (b) except as provided in Subsection 78B-6-138 (2), terminates the parental rights of
215 any other person with respect to the child.
216 (3) "Adoption documents" means adoption-related documents filed with a
216a H. [
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
221 (a) child-placing agency; or
222 (b) licensed counselor who has at least one year of experience providing professional
223 social work services to:
224 (i) adoptive parents;
225 (ii) prospective adoptive parents; or
226 (iii) birth parents.
230 adopted as a minor.
232 or older and whose birth mother or father is the same as that of the adoptee.
235 (a) a birth mother;
236 (b) a man whose paternity of a child is established;
237 (c) a man who:
238 (i) has been identified as the father of a child by the child's birth mother; and
239 (ii) has not denied paternity; or
240 (d) an unmarried biological father.
242 adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
244 sexual relationship with that person.
246 Department of Human Services, created in Section 62A-4a-103 .
248 place children for adoption by a district, territory, or state of the United States, other than Utah.
250 obtainable, on an adoptee's birth parents, aunts, uncles, and grandparents, which contains the
251 following information:
252 (a) medical history;
253 (b) health status;
254 (c) cause of and age at death;
255 (d) height, weight, and eye and hair color;
256 (e) ethnic origins;
257 (f) where appropriate, levels of education and professional achievement; and
258 (g) religion, if any.
260 status at the time of placement for adoption, and medical history, including neonatal,
261 psychological, physiological, and medical care history.
263 parent or adult adoptee, or other specific information which by itself or in reasonable
264 conjunction with other information may be used to identify that person.
266 another state, district, or territory of the United States as a:
267 (a) certified social worker;
268 (b) clinical social worker;
269 (c) psychologist;
270 (d) marriage and family therapist;
271 (e) professional counselor; or
272 (f) an equivalent licensed professional of another state, district, or territory of the
273 United States.
275 (20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
277 Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
279 Subsections 78B-6-120 (1)(b) through (f) from whom consent for adoption or relinquishment
280 for adoption is required under Sections 78B-6-120 through 78B-6-122 .
282 (a) is identified by a birth mother as a potential biological father of the birth mother's
283 child, but whose genetic paternity has not been established; and
284 (b) was not married to the biological mother of the child described in Subsection [
285 (23)(a) at the time of the child's conception or birth.
287 (a) a birth parent; or
288 (b) a person who, before an adoption decree is entered, is, due to an earlier adoption
289 decree, legally the parent of the child being adopted.
293 (a) is the biological father of a child; and
294 (b) was not married to the biological mother of the child described in Subsection [
295 (26)(a) at the time of the child's conception or birth.
296 Section 6. Section 78B-6-115 is amended to read:
297 78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
298 (1) For purposes of this section, "vulnerable adult" means:
299 (a) a person 65 years of age or older; or
300 (b) an adult, 18 years of age or older, who has a mental or physical impairment which
301 substantially affects that person's ability to:
302 (i) provide personal protection;
303 (ii) provide necessities such as food, shelter, clothing, or medical or other health care;
304 (iii) obtain services necessary for health, safety, or welfare;
305 (iv) carry out the activities of daily living;
306 (v) manage the adult's own resources; or
307 (vi) comprehend the nature and consequences of remaining in a situation of abuse,
308 neglect, or exploitation.
309 (2) Subject to this section and Section 78B-6-117 , any adult may be adopted by another
311 (3) The following provisions of this part apply to the adoption of an adult just as
312 though the person being adopted were a minor:
313 (a) (i) Section 78B-6-108 ;
314 (ii) Section 78B-6-114 ;
315 (iii) Section 78B-6-116 ;
316 (iv) Section 78B-6-118 ;
317 (v) Section 78B-6-124 ;
318 (vi) Section 78B-6-136 ;
319 (vii) Section 78B-6-137 ;
320 (viii) Section 78B-6-138 ;
321 (ix) Section 78B-6-139 ;
322 (x) Section 78B-6-141 ; and
323 (xi) Section 78B-6-142 ;
324 (b) Subsections 78B-6-105 (1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the
325 juvenile court does not have jurisdiction over a proceeding for adoption of an adult, unless the
326 adoption arises from a case where the juvenile court has continuing jurisdiction over the [
327 mature adoptee; and
328 (c) if the [
329 78B-6-131 , regardless of whether the [
330 adoptors, unless the court, based on a finding of good cause, waives the requirements of those
332 (4) Before a court enters a final decree of adoption of an adult, the mature adoptee and
333 the prospective adoptive parent or parents shall appear before the court presiding over the
334 adoption proceedings and execute consent to the adoption.
335 (5) No provision of this part, other than those listed or described in this section or
336 Section 78B-6-117 , [
337 Section 7. Section 78B-6-116 is amended to read:
338 78B-6-116. Notice and consent for adoption of adult.
339 (1) (a) Consent to the adoption of an adult is required from:
340 (i) the [
341 (ii) any person who is adopting the adult;
342 (iii) the spouse of a person adopting the adult; and
343 (iv) any legally appointed guardian or custodian of the [
344 (b) No person, other than a person described in Subsection (1)(a), may consent, or
345 withhold consent, to the adoption of an adult.
346 (2) (a) Except as provided in Subsection (2)(b), notice of a proceeding for the adoption
347 of an adult shall be served on each person described in Subsection (1)(a) and the spouse of the
348 mature adoptee.
349 (b) The notice described in Subsection (2)(a) may be waived, in writing, by the person
350 entitled to receive notice.
351 (3) The notice described in Subsection (2):
352 (a) shall be served at least 30 days before the day on which the adoption is finalized;
353 (b) shall specifically state that the person served must respond to the petition within 30
354 days of service if the person intends to intervene in the adoption proceeding;
355 (c) shall state the name of the person to be adopted;
356 (d) may not state the name of a person adopting the mature adoptee, unless the person
357 consents, in writing, to disclosure of the person's name;
358 (e) with regard to a person described in Subsection (1)(a):
359 (i) except as provided in Subsection (2)(b), shall be in accordance with the provisions
360 of the Utah Rules of Civil Procedure; and
361 (ii) may not be made by publication; and
362 (f) with regard to the spouse of the mature adoptee, may be made:
363 (i) in accordance with the provisions of the Utah Rules of Civil Procedure;
364 (ii) by certified mail, return receipt requested; or
365 (iii) by publication, posting, or other means if:
366 (A) the service described in Subsection (3)(f)(ii) cannot be completed after two
367 attempts; and
368 (B) the court issues an order providing for service by publication, posting, or other
370 (4) Proof of service of the notice on each person to whom notice is required by this
371 section shall be filed with the court before the adoption is finalized.
372 (5) (a) Any person who is served with notice of a proceeding for the adoption of an
373 adult and who wishes to intervene in the adoption shall file a motion in the adoption
375 (i) within 30 days after the day on which the person is served with notice of the
376 adoption proceeding;
377 (ii) that sets forth the specific relief sought; and
378 (iii) that is accompanied by a memorandum specifying the factual and legal grounds
379 upon which the motion is made.
380 (b) A person who fails to file the motion described in Subsection (5)(a) within the time
381 described in Subsection (5)(a)(i):
382 (i) waives any right to further notice of the adoption proceeding; and
383 (ii) is barred from intervening in, or bringing or maintaining any action challenging, the
384 adoption proceeding.
385 (6) Except as provided in Subsection (7), after a court enters a final decree of adoption
386 of an adult, the mature adult adoptee shall:
387 (a) serve notice of the finalization of the adoption, pursuant to the Utah Rules of Civil
388 Procedure, on each person who was a legal parent of the adult adoptee before the final decree
389 of adoption described in this Subsection (6) was entered; and
390 (b) file with the court proof of service of the notice described in Subsection (6)(a).
391 (7) A court may, based on a finding of good cause, waive the notification requirement
392 described in Subsection (6).
392a H. Section 8. Section 78B-6-124 is amended to read:
392b 78B-6-124. Persons who may take consents and relinquishments.
392c (1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
392d (a) a judge of any court that has jurisdiction over adoption proceedings;
392e (b) subject to Subsection (6), a person appointed by the judge described in Subsection (1)(a) to
392f take consents or relinquishments; or
392g (c) subject to Subsection (6), a person who is authorized by a child-placing agency to take
392h consents or relinquishments, if the consent or relinquishment grants legal custody of the child to a
392i child-placing agency or an extra-jurisdictional child-placing agency.
392j (2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it shall
392k be signed before:
392l (a) subject to Subsection (6), a person who is authorized by a child-placing agency to take
392m consents or relinquishments, if the consent or relinquishment grants legal custody of the child to a
392n child-placing agency or an extra-jurisdictional child-placing agency;
392o (b) subject to Subsection (6), a person authorized or appointed to take consents or
392p relinquishments by a court of this state that has jurisdiction over adoption proceedings;
392q (c) a court that has jurisdiction over adoption proceedings in the state where the consent or
392r relinquishment is taken; or
392s (d) a person authorized, under the laws of the state where the consent or relinquishment is
392t taken, to take consents or relinquishments of a birth mother or adoptee.
392u (3) The consent or relinquishment of any other person or agency as required by Section
392v 78B-6-120 may be signed before a Notary Public or any person authorized to take a consent or
392w relinquishment under Subsection (1) or (2).
392x (4) (a) At the time of a birth mother's consent to adoption of a child, or relinquishment of a
392y child for adoption, a person authorized by Subsection (1) or (2) to take consents or relinquishments
392z shall notify the birth mother that S. :
392z1 (i) .S adoption documents shall be made available for inspection and
392aa copying in accordance with Subsection 78B-6-141(3), unless the birth mother declines to permit
392ab identifying information to be made available for inspection and copying S. ; and
392ab1 (ii) the birth mother may decline to permit identifying information to be made available for
392ab2 inspection and copying .S .
392ac (b) S. [
392ad information to be made available for
392ad inspection and copying, the person authorized by Subsection (1) or (2) to take consents or
392ae relinquishments shall assist the birth mother with filing a written document that states the birth
392af mother's refusal in accordance with Subsection 78B-6-141(3).
392af1 H. (c) This Subsection (4) does not apply to a parent or a parent's designee who safely
392af2 relinquishes a newborn child pursuant to Section 62A-4a-802. .H
392ah shall certify to the best of his information and belief that the person executing the consent or
392ai relinquishment has read and understands the consent or relinquishment and has signed it freely and
392al consent or relinquishment.
392an (a) notarized; or
392ao (b) witnessed by two individuals who are not members of the birth mother's or the signatory's
392ap immediate family.
392aq S. (8) (a) At the beginning of the adoption process, a person authorized by a child-placing
392ar agency to take consents or relinquishments under Subsection (1)(c) or (2)(a) shall notify the
392as birth mother that:.S
392at S.(i) adoption documents shall be made available for inspection and copying in
392au accordance with Subsection 78B-6-141(3), unless the birth mother declines to permit
392av identifying information to be made available for inspection and copying; and (ii) the birth
392aw mother may decline to permit identifying information to be made available for inspection and
392ay (b) After determining that the birth mother declines to permit identifying information
392az to be made available for inspection and copying, the person authorized by a child-placing
392ba agency to take consents or relinquishments under Subsection (1)(c) or (2)(a) shall assist the
392bb birth mother with filing a written document that states the birth mother's refusal in
392bc accordance with Subsection 78B-6-141(3). .S
394 78B-6-141. Petition, report, and documents sealed -- Exceptions.
397 (1) For an adoption finalized before March 22, 1941, the office shall make the
398 information on the birth certificate, if any exists, available to an adoptee or an adoptee's
399 designated legal representative, for inspection and copying pursuant to Subsections 26-2-22 (1),
400 (3), and (6).
401 (2) Except as provided in Subsection (3), for an adoption finalized on or after March
402 22, 1941, the adoption documents are sealed, and the office may make the adoption documents
403 available for inspection and copying only in accordance with Subsection (4) or Section
404 78B-6-144 .
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 H. an adult adoptee or .H a party to the adoption proceeding if the
407a H. adult adoptee or .H party who requests the documents H. [
408 (i) is an adult at the time of the request; and
410 (b) Subject to H. [
410a 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 H. [
412a birth mother to be
413 made available for inspection or copying.
414 (c) Subject to H. [
414a mother elects, under Subsection
415 (3)(b), to H. [
415a 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
419 (d) H. [
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 H. an adult adoptee or .H a party to the
423a adoption proceeding H. [
424 who requests the information is an adult at the time of the request
425 H. [
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). ] .H
434 (a) in accordance with Subsection [
435 (i) while the proceeding is pending; or
436 (ii) within six months after the day on which the adoption decree is entered;
437 (b) subject to Subsection [
438 documents by a person who has appealed the denial of that person's motion to intervene;
439 (c) upon order of the court expressly permitting inspection or copying, after good cause
440 has been shown;
441 (d) as provided under Section 78B-6-144 ;
442 (e) those records shall become public on the one hundredth anniversary of the date the
443 final decree of adoption was entered; or
444 (f) if the adoptee is an adult at the time the final decree of adoption is entered, the
445 adoption documents [
446 court order by the mature adoptee or a parent who adopted the mature adoptee, unless the final
447 decree of adoption is entered by the juvenile court under Subsection 78B-6-115 (3)(b).
449 (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
451 (ii) may not be granted access to the adoption documents [
452 unless the motion to intervene is granted.
453 (b) An order described in Subsection [
454 (i) prohibit the person described in Subsection [
456 information [
457 (ii) permit the person described in Subsection [
459 information [
460 H. [
461 78B-6-144. Mutual-consent, voluntary adoption registry -- Procedures -- Fees.
462 (1) The office shall establish a mutual-consent, voluntary adoption registry.
463 (a) [
464 parent of an adult adoptee, upon presentation of positive identification, may request identifying
465 information from the office, in the form established by the office. A court of competent
466 jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth
467 parent, in the form provided by the office, and transfer that request to the office. The adult
468 adoptee or birth parent is responsible for notifying the office of any change in information
469 contained in the request.
470 (b) [
471 identifying information to an adult adoptee or birth parent when it receives requests from both
472 the adoptee and the adoptee's birth parent.
473 (c) After matching the request of an adult adoptee with that of at least one of the
474 adoptee's birth parents, the office shall notify both the adult adoptee and the birth parent that
475 the requests have been matched, and disclose the identifying information to those parties.
476 However, if that adult adoptee has a sibling of the same birth parent who is under the age of 18
477 years, and who was raised in the same family setting as the adult adoptee, the office [
478 not disclose the requested identifying information to that adult adoptee or the adoptee's birth
480 (2) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of
481 positive identification, may request identifying information from the office, in the form
482 established by the office. A court of competent jurisdiction or a child-placing agency may
483 accept that request from the adult adoptee or adult sibling, in the form provided by the office,
484 and transfer that request to the office. The adult adoptee or adult sibling is responsible for
485 notifying the office of any change in information contained in the request.
486 (b) The office may only release identifying information to an adult adoptee or adult
487 sibling when it receives requests from both the adult adoptee and the adult adoptee's adult
489 (c) After matching the request of an adult adoptee with that of the adoptee's adult
490 sibling, if the office [
491 information to make that match, the office shall notify both the adult adoptee and the adult
492 sibling that the requests have been matched, and disclose the identifying information to those
494 (d) After receiving a request for information from an adult adoptee under this section,
495 the office shall:
496 (i) search the office's vital records for the adult adoptee's birth parent; and
497 (ii) if the search described in Subsection (2)(d)(i) reveals that an adult adoptee's birth
498 parent is dead, inform the adult adoptee that the birth parent is dead and disclose the identity of
499 the birth parent.
500 (e) The office shall attempt to notify an individual who requests information under this
502 (i) of the results of the initial search for a match; and
503 (ii) if the initial search does not produce a match, that the office will keep the request
504 on file and will attempt to notify the individual in the event of a match.
505 (3) Information registered with the [
506 to a registered adult adoptee and the adoptee's registered birth parent or registered adult sibling,
507 under the terms of this section.
508 (4) Information regarding a birth parent who has not registered a request with the
512 (5) The office shall, in consultation with the State Tax Commission, develop language
513 advertising the services provided by the mutual-consent, voluntary adoption registry to be
514 included on the State Tax Commission's website.
515 (6) The office may contract with a private or nonprofit organization to supplement the
516 advertising described in Subsection (5).
517 (7) The office shall, on or before October 31, make an annual report on the
518 effectiveness of the mutual-consent, voluntary adoption registry to the Health and Human
519 Services Interim Committee.
520 (8) Nothing in this section limits the disclosure of information in accordance with
521 Section 78B-6-141 .
522 H. [
523 78B-6-144.5. Adoption records fees.
524 (1) (a) The office shall, in accordance with Section 63J-1-504 , establish a fee to be paid
525 by an individual who requests information or other services under Section 78B-6-141 or
526 78B-6-144 to cover the costs related to providing the information or services, including
527 improvements described in Subsection (2).
528 (b) The office may accept donations or grants from public or private entities to cover
529 the costs related to providing the information or services, including improvements described in
530 Subsection (2).
531 (2) Fees and donations collected in Subsection (1) shall be deposited into the General
532 Fund as dedicated credits and may be used only to:
533 (a) fund, automate, and improve the provision of services described in Sections
534 78B-6-141 and 78B-6-144 ;
535 (b) implement means of maximizing potential matches for the services described in
536 Sections 78B-6-141 and 78B-6-144 , including the use of broad search terms and methods; and
537 (c) advertise the services provided by the mutual-consent, voluntary adoption registry
538 pursuant to Section 78B-6-144 .
539 H. [
540 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
541 the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following sums of money
542 are appropriated from resources not otherwise appropriated, or reduced from amounts
543 previously appropriated, out of the funds or accounts indicated. These sums of money are in
544 addition to any amounts previously appropriated for fiscal year 2015.
545 To Department of Health, Adoption Records Access
546 From General Fund
547 From Dedicated Credits Revenue
548 Schedule of Programs:
549 Adoption Records Access $76,200
550 The Legislature intends that appropriations provided under this section be used by the
551 office for the purposes described in Subsection 78B-6-144.5 (2). Under Section 63J-1-603 , the
552 Legislature intends that appropriations provided under this section not lapse at the close of
553 fiscal year 2015. The use of any nonlapsing funds is limited to the purposes described in
554 Subsection 78B-6-144.5 (2).
[Bill Documents][Bills Directory]