Senator Karen Mayne proposes the following substitute bill:


1     
ADOPTION RECORDS ACCESS AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to accessing adoption documents.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     establishes procedures for the Office of Vital Records and Statistics (the office) to
14     make adoption documents available for inspection and copying;
15          ▸     provides that a birth parent may elect to permit identifying                
16     information about the birth parent to be made available for inspection and copying;
17          ▸     provides for the establishment of fees relating to use of a mutual-consent, voluntary
18     adoption registry (the registry) and other requests for adoption records;
19          ▸     provides for the release of information from the registry if a birth parent dies;
20          ▸     provides for funding, automating, and improving the services described in this bill;
21          ▸     requires the office to establish a fee relating to requesting adoption documents; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          This bill appropriates in fiscal year 2016:
25          ▸     to the Department of Health - Adoption Records Access:
26               •     from the General Fund, $55,000, subject to intent language that the
27     appropriation shall be used for the purposes described in Subsection
28     78B-6-144.5(2); and
29               •     from the Dedicated Credits Revenue, $26,200, subject to intent language that
30     the appropriation shall be used for the purposes described in Subsection
31     78B-6-144.5(2).
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          26-2-2, as last amended by Laws of Utah 2013, Chapter 397
37          26-2-10, as last amended by Laws of Utah 2008, Chapter 3
38          26-2-22, as last amended by Laws of Utah 2012, Chapter 391
39          63J-1-602.5, as last amended by Laws of Utah 2011, Chapters 208, 303, and 342
40          78B-6-103, as last amended by Laws of Utah 2012, Chapter 340
41          78B-6-115, as last amended by Laws of Utah 2012, Chapter 340
42          78B-6-116, as renumbered and amended by Laws of Utah 2008, Chapter 3
43          78B-6-141, as last amended by Laws of Utah 2012, Chapter 340
44          78B-6-144, as last amended by Laws of Utah 2012, Chapter 340
45     ENACTS:
46          78B-6-144.5, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 26-2-2 is amended to read:
50          26-2-2. Definitions.
51          As used in this chapter:
52          (1) "Adoption document" means an adoption-related document filed with the office, a
53     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
54     in support of a supplementary birth certificate.
55          [(1)] (2) "Advanced practice registered nurse" means a person licensed to practice as an
56     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
57          [(2)] (3) "Custodial funeral service director" means a funeral service director who:
58          (a) is employed by a licensed funeral establishment; and
59          (b) has custody of a dead body.
60          [(3)] (4) "Dead body" or "decedent" means a human body or parts of the human body
61     from the condition of which it reasonably may be concluded that death occurred.
62          [(4)] (5) "Dead fetus" means a product of human conception, other than those
63     circumstances described in Subsection 76-7-301(1):
64          (a) of 16 weeks' gestation or more, calculated from the date the last normal menstrual
65     period began to the date of delivery; and
66          (b) that was not born alive.
67          [(5)] (6) "Declarant father" means a male who claims to be the genetic father of a child,
68     and, along with the biological mother, signs a voluntary declaration of paternity to establish the
69     child's paternity.
70          [(6)] (7) "Dispositioner" means:
71          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
72     having the right and duty to control the disposition of the decedent, if the person voluntarily
73     acts as the dispositioner; or
74          (b) the next of kin of the decedent, if:
75          (i) (A) a person has not been designated as described in Subsection [(6)] (7)(a); or
76          (B) the person described in Subsection [(6)] (7)(a) is unable or unwilling to exercise
77     the right and duty described in Subsection [(6)] (7)(a); and
78          (ii) the next of kin voluntarily acts as the dispositioner.
79          [(7)] (8) "File" means the submission of a completed certificate or other similar
80     document, record, or report as provided under this chapter for registration by the state registrar
81     or a local registrar.
82          [(8)] (9) "Funeral service director" means the same as that term is [as] defined in
83     Section 58-9-102.
84          [(9)] (10) "Health care facility" means the same as that term is [as] defined in Section
85     26-21-2.
86          [(10)] (11) "Health care professional" means a physician or nurse practitioner.
87          [(11)] (12) "Licensed funeral establishment" means a funeral service establishment, as
88     defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services
89     Licensing Act.
90          [(12)] (13) "Live birth" means the birth of a child who shows evidence of life after the
91     child is entirely outside of the mother.
92          [(13)] (14) "Local registrar" means a person appointed under Subsection 26-2-3(2)(b).
93          [(14)] (15) "Nurse practitioner" means an advanced practice registered nurse
94     specializing as a nurse practitioner who has completed an education program regarding the
95     completion of a certificate of death developed by the department by administrative rule adopted
96     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
97          (16) "Office" means the Office of Vital Records and Statistics within the Department
98     of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
99          [(15)] (17) "Physician" means a person licensed to practice as a physician or osteopath
100     in this state under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah
101     Osteopathic Medical Practice Act.
102          [(16)] (18) "Presumed father" means the father of a child conceived or born during a
103     marriage as defined in Section 30-1-17.2.
104          [(17)] (19) "Registration" or "register" means acceptance by the local or state registrar
105     of a certificate and incorporation of the certificate into the permanent records of the state.
106          [(18)] (20) "State registrar" means the state registrar of vital records appointed under
107     Subsection 26-2-3(1)(e).
108          [(19)] (21) "Vital records" means:
109          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
110     dissolution of marriage, or annulment;
111          (b) amendments to any of the registered certificates or reports described in Subsection
112     [(19)] (21)(a); [and]
113          (c) an adoption document; and
114          [(c)] (d) other similar documents.
115          [(20)] (22) "Vital statistics" means the data derived from registered certificates and
116     reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
117     dissolution of marriage, or annulment.
118          Section 2. Section 26-2-10 is amended to read:
119          26-2-10. Supplementary certificate of birth.
120          (1) Any person born in this state who is legitimized by the subsequent marriage of [his]
121     the person's natural parents, or whose parentage has been determined by any U.S. state court or
122     Canadian provincial court having jurisdiction, or who has been legally adopted under the law
123     of this or any other state or any province of Canada, may request the state registrar to register a
124     supplementary birth certificate [of birth] on the basis of that status.
125          (2) The application for registration of a supplementary birth certificate may be made by
126     the person requesting registration, if [he] the person is of legal age, by a legal representative, or
127     by any agency authorized to receive children for placement or adoption under the laws of this
128     or any other state.
129          (3) (a) The state registrar shall require that an applicant submit identification and proof
130     according to department rules.
131          (b) In the case of an adopted person, that proof may be established by order of the court
132     in which the adoption proceedings were held.
133          (4) (a) After the supplementary birth certificate is registered, any information disclosed
134     from the record shall be from the supplementary birth certificate.
135          (b) Access to the original birth certificate and to the evidence submitted in support of
136     the supplementary birth certificate are not open to inspection except upon the order of a Utah
137     district court or as provided under Section 78B-6-141 or Section 78B-6-144.
138          Section 3. Section 26-2-22 is amended to read:
139          26-2-22. Inspection of vital records.
140          (1) (a) The vital records shall be open to inspection, but only in compliance with the
141     provisions of this chapter, department rules, and [Section] Sections 78B-6-141 and 78B-6-144.
142          (b) It is unlawful for any state or local officer or employee to disclose data contained in
143     vital records contrary to this chapter [or], department rule, Section 78B-6-141, or Section
144     78B-6-144.
145          (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
146     or Section 78B-6-144.
147          (ii) A birth parent may not access an adoption document under Subsection
148     78B-6-141(3).
149          [(c)] (d) A custodian of vital records may permit inspection of a vital record or issue a
150     certified copy of a record or a part of a record when the custodian is satisfied that the applicant
151     has demonstrated a direct, tangible, and legitimate interest.
152          (2) A direct, tangible, and legitimate interest in a vital record is present only if:
153          (a) the request is from:
154          (i) the subject;
155          (ii) a member of the subject's immediate family;
156          (iii) the guardian of the subject;
157          (iv) a designated legal representative of the subject; or
158          (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
159     whom a child has been placed pending finalization of an adoption of the child;
160          (b) the request involves a personal or property right of the subject of the record;
161          (c) the request is for official purposes of a public health authority or a state, local, or
162     federal governmental agency;
163          (d) the request is for a statistical or medical research program and prior consent has
164     been obtained from the state registrar; or
165          (e) the request is a certified copy of an order of a court of record specifying the record
166     to be examined or copied.
167          (3) For purposes of Subsection (2):
168          (a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
169     grandchild;
170          (b) a designated legal representative means an attorney, physician, funeral service
171     director, genealogist, or other agent of the subject or the subject's immediate family who has
172     been delegated the authority to access vital records;
173          (c) except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent, or
174     the immediate family member of a parent, who does not have legal or physical custody of or
175     visitation or parent-time rights for a child because of the termination of parental rights pursuant
176     to Title 78A, Chapter 6, Juvenile Court Act of 1996, or by virtue of consenting to or
177     relinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act,
178     may not be considered as having a direct, tangible, and legitimate interest; and
179          (d) a commercial firm or agency requesting names, addresses, or similar information
180     may not be considered as having a direct, tangible, and legitimate interest.
181          (4) Upon payment of a fee established in accordance with Section 63J-1-504, the
182     [following records shall be] office shall make the following records available to the public:
183          (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
184     confidential information collected for medical and health use, if 100 years or more have passed
185     since the date of birth;
186          (b) a death record if 50 years or more have passed since the date of death; and
187          (c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passed
188     since the date of the event upon which the record is based.
189          (5) Upon payment of a fee established in accordance with Section 63J-1-504, the office
190     shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.
191          (6) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
192     Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
193          (a) for a birth parent's election to permit identifying information about the birth parent
194     to be made available, under Section 78B-6-141;
195          (b) for the release of information by the mutual-consent, voluntary adoption registry,
196     under Section 78B-6-144; and
197          (c) for collecting fees and donations pursuant to Section 78B-6-144.5.
198          Section 4. Section 63J-1-602.5 is amended to read:
199          63J-1-602.5. List of nonlapsing funds and accounts -- Title 64 and thereafter.
200          (1) Funds collected by the housing of state probationary inmates or state parole
201     inmates, as provided in Subsection 64-13e-104(2).
202          (2) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and
203     State Lands, as provided in Section 65A-8-103.
204          (3) The Department of Human Resource Management user training program, as
205     provided in Section 67-19-6.
206          (4) Funds for the University of Utah Poison Control Center program, as provided in
207     Section 69-2-5.5.
208          (5) The Traffic Noise Abatement Program created in Section 72-6-112.
209          (6) Certain funds received by the Office of the State Engineer for well drilling fines or
210     bonds, as provided in Section 73-3-25.
211          (7) Certain money appropriated from the Water Resources Conservation and
212     Development Fund, as provided in Section 73-23-2.
213          (8) Certain funds appropriated for compensation for special prosecutors, as provided in
214     Section 77-10a-19.
215          (9) Funds donated or paid to a juvenile court by private sources, as provided in
216     Subsection 78A-6-203(1)(c).
217          (10) A state rehabilitative employment program, as provided in Section 78A-6-210.
218          (11) Fees for certificate of admission created under Section 78A-9-102.
219          (12) The money for the Utah Geological Survey, as provided in Section 79-3-401.
220          (13) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
221     Park, Jordan River State Park, and Green River State Park, as provided under Section
222     79-4-403.
223          (14) Certain funds received by the Division of Parks and Recreation from the sale or
224     disposal of buffalo, as provided under Section 79-4-1001.
225          (15) The Bonneville Shoreline Trail Program created under Section 79-5-503.
226          (16) Funds appropriated and collected for adoption document access as provided in
227     Sections 78B-6-141, 78B-6-144, and 78B-6-144.5.
228          Section 5. Section 78B-6-103 is amended to read:
229          78B-6-103. Definitions.
230          As used in this part:
231          (1) "Adoptee" means a person who:
232          (a) is the subject of an adoption proceeding; or
233          (b) has been legally adopted.
234          (2) "Adoption" means the judicial act that:
235          (a) creates the relationship of parent and child where it did not previously exist; and
236          (b) except as provided in Subsection 78B-6-138(2), terminates the parental rights of
237     any other person with respect to the child.
238          (3) "Adoption document" means an adoption-related document filed with the office, a
239     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
240     in support of a supplementary birth certificate.
241          [(3)] (4) "Adoption service provider" means a:
242          (a) child-placing agency; or
243          (b) licensed counselor who has at least one year of experience providing professional
244     social work services to:
245          (i) adoptive parents;
246          (ii) prospective adoptive parents; or
247          (iii) birth parents.
248          [(4)] (5) "Adoptive parent" means a person who has legally adopted an adoptee.
249          [(5)] (6) "Adult" means a person who is 18 years of age or older.
250          [(6)] (7) "Adult adoptee" means an adoptee who is 18 years of age or older and was
251     adopted as a minor.
252          [(7)] (8) "Adult sibling" means a brother or sister of the adoptee, who is 18 years of age
253     or older and whose birth mother or father is the same as that of the adoptee.
254          [(8)] (9) "Birth mother" means the biological mother of a child.
255          [(9)] (10) "Birth parent" means:
256          (a) a birth mother;
257          (b) a man whose paternity of a child is established;
258          (c) a man who:
259          (i) has been identified as the father of a child by the child's birth mother; and
260          (ii) has not denied paternity; or
261          (d) an unmarried biological father.
262          [(10)] (11) "Child-placing agency" means an agency licensed to place children for
263     adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
264          [(11)] (12) "Cohabiting" means residing with another person and being involved in a
265     sexual relationship with that person.
266          [(12)] (13) "Division" means the Division of Child and Family Services, within the
267     Department of Human Services, created in Section 62A-4a-103.
268          [(13)] (14) "Extra-jurisdictional child-placing agency" means an agency licensed to
269     place children for adoption by a district, territory, or state of the United States, other than Utah.
270          [(14)] (15) "Genetic and social history" means a comprehensive report, when
271     obtainable, on an adoptee's birth parents, aunts, uncles, and grandparents, which contains the
272     following information:
273          (a) medical history;
274          (b) health status;
275          (c) cause of and age at death;
276          (d) height, weight, and eye and hair color;
277          (e) ethnic origins;
278          (f) where appropriate, levels of education and professional achievement; and
279          (g) religion, if any.
280          [(15)] (16) "Health history" means a comprehensive report of the adoptee's health
281     status at the time of placement for adoption, and medical history, including neonatal,
282     psychological, physiological, and medical care history.
283          [(16)] (17) "Identifying information" means information in the possession of the office,
284     which contains the name and address of a pre-existing parent or adult adoptee, or other specific
285     information [which] that by itself or in reasonable conjunction with other information may be
286     used to identify that person, including information on a birth certificate or in an adoption
287     document.
288          [(17)] (18) "Licensed counselor" means a person who is licensed by the state, or
289     another state, district, or territory of the United States as a:
290          (a) certified social worker;
291          (b) clinical social worker;
292          (c) psychologist;
293          (d) marriage and family therapist;
294          (e) professional counselor; or
295          (f) an equivalent licensed professional of another state, district, or territory of the
296     United States.
297          [(18)] (19) "Man" means a male individual, regardless of age.
298          (20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
299          [(19)] (21) "Office" means the Office of Vital Records and Statistics within the
300     Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
301          [(20)] (22) "Parent," for purposes of Section 78B-6-119, means any person described in
302     Subsections 78B-6-120(1)(b) through (f) from whom consent for adoption or relinquishment
303     for adoption is required under Sections 78B-6-120 through 78B-6-122.
304          [(21)] (23) "Potential birth father" means a man who:
305          (a) is identified by a birth mother as a potential biological father of the birth mother's
306     child, but whose genetic paternity has not been established; and
307          (b) was not married to the biological mother of the child described in Subsection [(21)]
308     (23)(a) at the time of the child's conception or birth.
309          [(22)] (24) "Pre-existing parent" means:
310          (a) a birth parent; or
311          (b) a person who, before an adoption decree is entered, is, due to an earlier adoption
312     decree, legally the parent of the child being adopted.
313          [(23)] (25) "Prospective adoptive parent" means a person who seeks to adopt an
314     adoptee.
315          [(24)] (26) "Unmarried biological father" means a person who:
316          (a) is the biological father of a child; and
317          (b) was not married to the biological mother of the child described in Subsection [(24)]
318     (26)(a) at the time of the child's conception or birth.
319          Section 6. Section 78B-6-115 is amended to read:
320          78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
321          (1) For purposes of this section, "vulnerable adult" means:
322          (a) a person 65 years of age or older; or
323          (b) an adult, 18 years of age or older, who has a mental or physical impairment which
324     substantially affects that person's ability to:
325          (i) provide personal protection;
326          (ii) provide necessities such as food, shelter, clothing, or medical or other health care;
327          (iii) obtain services necessary for health, safety, or welfare;
328          (iv) carry out the activities of daily living;
329          (v) manage the adult's own resources; or
330          (vi) comprehend the nature and consequences of remaining in a situation of abuse,
331     neglect, or exploitation.
332          (2) Subject to this section and Section 78B-6-117, any adult may be adopted by another
333     adult.
334          (3) The following provisions of this part apply to the adoption of an adult just as
335     though the person being adopted were a minor:
336          (a) (i) Section 78B-6-108;
337          (ii) Section 78B-6-114;
338          (iii) Section 78B-6-116;
339          (iv) Section 78B-6-118;
340          (v) Section 78B-6-124;
341          (vi) Section 78B-6-136;
342          (vii) Section 78B-6-137;
343          (viii) Section 78B-6-138;
344          (ix) Section 78B-6-139;
345          (x) Section 78B-6-141; and
346          (xi) Section 78B-6-142;
347          (b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the
348     juvenile court does not have jurisdiction over a proceeding for adoption of an adult, unless the
349     adoption arises from a case where the juvenile court has continuing jurisdiction over the [adult]
350     mature adoptee; and
351          (c) if the [adult] mature adoptee is a vulnerable adult, Sections 78B-6-128 through
352     78B-6-131, regardless of whether the [adult] mature adoptee resides, or will reside, with the
353     adoptors, unless the court, based on a finding of good cause, waives the requirements of those
354     sections.
355          (4) Before a court enters a final decree of adoption of [an adult] a mature adoptee, the
356     mature adoptee and the prospective adoptive parent or parents shall appear before the court
357     presiding over the adoption proceedings and execute consent to the adoption.
358          (5) No provision of this part, other than those listed or described in this section or
359     Section 78B-6-117, apply to the adoption of an adult.
360          Section 7. Section 78B-6-116 is amended to read:
361          78B-6-116. Notice and consent for adoption of an adult.
362          (1) (a) Consent to the adoption of an adult is required from:
363          (i) the [adult] mature adoptee;
364          (ii) any person who is adopting the adult;
365          (iii) the spouse of a person adopting the adult; and
366          (iv) any legally appointed guardian or custodian of the adult adoptee.
367          (b) No person, other than a person described in Subsection (1)(a), may consent, or
368     withhold consent, to the adoption of an adult.
369          (2) (a) Except as provided in Subsection (2)(b), notice of a proceeding for the adoption
370     of an adult shall be served on each person described in Subsection (1)(a) and the spouse of the
371     mature adoptee.
372          (b) The notice described in Subsection (2)(a) may be waived, in writing, by the person
373     entitled to receive notice.
374          (3) The notice described in Subsection (2):
375          (a) shall be served at least 30 days before the day on which the adoption is finalized;
376          (b) shall specifically state that the person served must respond to the petition within 30
377     days of service if the person intends to intervene in the adoption proceeding;
378          (c) shall state the name of the person to be adopted;
379          (d) may not state the name of a person adopting the mature adoptee, unless the person
380     consents, in writing, to disclosure of the person's name;
381          (e) with regard to a person described in Subsection (1)(a):
382          (i) except as provided in Subsection (2)(b), shall be in accordance with the provisions
383     of the Utah Rules of Civil Procedure; and
384          (ii) may not be made by publication; and
385          (f) with regard to the spouse of the mature adoptee, may be made:
386          (i) in accordance with the provisions of the Utah Rules of Civil Procedure;
387          (ii) by certified mail, return receipt requested; or
388          (iii) by publication, posting, or other means if:
389          (A) the service described in Subsection (3)(f)(ii) cannot be completed after two
390     attempts; and
391          (B) the court issues an order providing for service by publication, posting, or other
392     means.
393          (4) Proof of service of the notice on each person to whom notice is required by this
394     section shall be filed with the court before the adoption is finalized.
395          (5) (a) Any person who is served with notice of a proceeding for the adoption of an
396     adult and who wishes to intervene in the adoption shall file a motion in the adoption
397     proceeding:
398          (i) within 30 days after the day on which the person is served with notice of the
399     adoption proceeding;
400          (ii) that sets forth the specific relief sought; and
401          (iii) that is accompanied by a memorandum specifying the factual and legal grounds
402     upon which the motion is made.
403          (b) A person who fails to file the motion described in Subsection (5)(a) within the time
404     described in Subsection (5)(a)(i):
405          (i) waives any right to further notice of the adoption proceeding; and
406          (ii) is barred from intervening in, or bringing or maintaining any action challenging, the
407     adoption proceeding.
408          (6) Except as provided in Subsection (7), after a court enters a final decree of adoption
409     of an adult, the [adult] mature adoptee shall:
410          (a) serve notice of the finalization of the adoption, pursuant to the Utah Rules of Civil
411     Procedure, on each person who was a legal parent of the adult adoptee before the final decree
412     of adoption described in this Subsection (6) was entered; and
413          (b) file with the court proof of service of the notice described in Subsection (6)(a).
414          (7) A court may, based on a finding of good cause, waive the notification requirement
415     described in Subsection (6).
416          Section 8. Section 78B-6-141 is amended to read:
417          78B-6-141. Petition, report, and documents sealed -- Exceptions.
418          [(1) A petition for adoption, the written report described in Section 78B-6-135, and any
419     other documents filed in connection with the petition are sealed.]
420          (1) An adoption document is sealed.
421          (2) [The documents described in Subsection (1)] An adoption document may only be
422     open to inspection and copying as follows:
423          (a) in accordance with Subsection [(3)] (4)(a), by a party to the adoption proceeding:
424          (i) while the proceeding is pending; or
425          (ii) within six months after the day on which the adoption decree is entered;
426          (b) subject to Subsection [(3)] (4)(b), if a court enters an order permitting access to the
427     documents by a person who has appealed the denial of that person's motion to intervene;
428          (c) upon order of the court expressly permitting inspection or copying, after good cause
429     has been shown;
430          (d) as provided under Section 78B-6-144;
431          (e) [those records shall become] when the adoption document becomes public on the
432     one hundredth anniversary of the date the final decree of adoption was entered; [or]
433          (f) when the birth certificate becomes public on the one hundredth anniversary of the
434     date of birth;
435          [(f) if the adoptee is an adult at the time the final decree of adoption is entered, the
436     documents described in this section are open to inspection and copying without a court order
437     by the adoptee or a parent who adopted the adoptee]
438          (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
439     order, unless the final decree of adoption is entered by the juvenile court under Subsection
440     78B-6-115(3)(b)[.]; or
441          (h) to an adult adoptee, to the extent permitted under Subsection (3).
442          (3) (a) For an adoption finalized on or after January 1, 2016, a birth parent may elect,
443     on a written consent form provided by the office, to permit identifying information about the
444     birth parent to be made available for inspection by an adult adoptee.
445          (b) A birth parent may, at any time, file a written document with the office to:
446          (i) change the election described in Subsection (3)(a); or
447          (ii) elect to make other information about the birth parent, including an updated
448     medical history, available for inspection by an adult adoptee.
449          (c) A birth parent may not access any identifying information or an adoption document
450     under this Subsection (3).
451          [(3)] (4) (a) A person who files a motion to intervene in an adoption proceeding:
452          (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
453     and
454          (ii) may not be granted access to the documents described in Subsection (1), unless the
455     motion to intervene is granted.
456          (b) An order described in Subsection (2)(b) shall:
457          (i) prohibit the person described in Subsection (2)(b) from inspecting a document
458     described in Subsection (1) that contains identifying information of the adoptive or prospective
459     adoptive parent; and
460          (ii) permit the person described in Subsection [(3)] (4)(b)(i) to review a copy of a
461     document described in Subsection [(3)] (4)(b)(i) after the identifying information described in
462     Subsection [(3)] (4)(b)(i) is redacted from the document.
463          Section 9. Section 78B-6-144 is amended to read:
464          78B-6-144. Mutual-consent, voluntary adoption registry -- Procedures -- Fees.
465          (1) The office shall establish a mutual-consent, voluntary adoption registry.
466          (a) [Adult adoptees and birth parents of adult adoptees] An adult adoptee or a birth
467     parent of an adult adoptee, upon presentation of positive identification, may request identifying
468     information from the office, in the form established by the office. A court of competent
469     jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth
470     parent, in the form provided by the office, and transfer that request to the office. The adult
471     adoptee or birth parent is responsible for notifying the office of any change in information
472     contained in the request.
473          (b) [The] Except as otherwise provided in this part, the office may only release
474     identifying information to an adult adoptee or birth parent when it receives requests from both
475     the adoptee and the adoptee's birth parent.
476          (c) After matching the request of an adult adoptee with that of at least one of the
477     adoptee's birth parents, the office shall notify both the adult adoptee and the birth parent that
478     the requests have been matched, and disclose the identifying information to those parties.
479     However, if that adult adoptee has a sibling of the same birth parent who is under the age of 18
480     years, and who was raised in the same family setting as the adult adoptee, the office [shall] may
481     not disclose the requested identifying information to that adult adoptee or the adoptee's birth
482     parent.
483          (2) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of
484     positive identification, may request identifying information from the office, in the form
485     established by the office. A court of competent jurisdiction or a child-placing agency may
486     accept that request from the adult adoptee or adult sibling, in the form provided by the office,
487     and transfer that request to the office. The adult adoptee or adult sibling is responsible for
488     notifying the office of any change in information contained in the request.
489          (b) The office may only release identifying information to an adult adoptee or adult
490     sibling when it receives requests from both the adult adoptee and the adult adoptee's adult
491     sibling.
492          (c) After matching the request of an adult adoptee with that of the adoptee's adult
493     sibling, if the office [has been provided with] determines that the office has sufficient
494     information to make that match, the office shall notify both the adult adoptee and the adult
495     sibling that the requests have been matched, and disclose the identifying information to those
496     parties.
497          (d) After receiving a request for information from an adult adoptee and a birth parent
498     under this section, the office shall:
499          (i) search the office's vital records for the adult adoptee's birth parent; and
500          (ii) if the search described in Subsection (2)(d)(i) reveals that the birth parent who had
501     requested information under this section is dead, inform the adult adoptee that the birth parent
502     is dead and disclose the identity of the birth parent.
503          (e) The office shall attempt to notify an individual who requests information under this
504     section:
505          (i) of the results of the initial search for a match; and
506          (ii) if the initial search does not produce a match, that the office will keep the request
507     on file and will attempt to notify the individual in the event of a match.
508          (3) Information registered with the [bureau] office under this section is available only
509     to a registered adult adoptee and the adoptee's registered birth parent or registered adult sibling,
510     under the terms of this section.
511          (4) [Information] Except as provided in Section 78B-6-141, the office may not disclose
512     information regarding a birth parent who has not registered a request with the [bureau may not
513     be disclosed] office.
514          [(5) The bureau may charge a fee for services provided under this section, limited to
515     the cost of providing those services.]
516          (5) The office shall, on or before October 31, make an annual report on the
517     effectiveness of the mutual-consent, voluntary adoption registry to the Health and Human
518     Services Interim Committee.
519          (6) Nothing in this section limits the disclosure of information in accordance with
520     Section 78B-6-141.
521          Section 10. Section 78B-6-144.5 is enacted to read:
522          78B-6-144.5. Adoption records fees.
523          (1) (a) The office shall, in accordance with Section 63J-1-504, establish a fee to be paid
524     by an individual who requests information or other services under Section 78B-6-141 or
525     Section 78B-6-144, and to cover the costs related to providing the information, services, and
526     improvements described in Subsection (2).
527          (b) The office may accept donations or grants from public or private entities to cover
528     the costs related to providing the information, services, and improvements described in
529     Subsection (2).
530          (2) The office shall deposit fees and donations collected under Subsection (1) into the
531     General Fund as dedicated credits and may be used only to:
532          (a) fund, automate, and improve the provision of services described in Sections
533     78B-6-141 and 78B-6-144; or
534          (b) implement means of maximizing potential matches for the services described in
535     Sections 78B-6-141 and 78B-6-144, including the use of broad search terms and methods.
536          Section 11. Appropriation.
537          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
538     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
539     are appropriated from resources not otherwise appropriated, or reduced from amounts
540     previously appropriated, out of the funds or accounts indicated. These sums of money are in
541     addition to any amounts previously appropriated for fiscal year 2016.
542          To Department of Health -- Adoption Records Access
543          From General Fund
$55,000

544          From Dedicated Credits Revenue
$26,200

545          Schedule of Programs:
546               Adoption Records Access                         $81,200
547          The Legislature intends that appropriations provided under this section be used by the
548     office for the purposes described in Subsection 78B-6-144.5(2). Under Section 63J-1-603, the
549     Legislature intends that appropriations provided under this section not lapse at the close of
550     fiscal year 2016. The use of any nonlapsing funds is limited to the purposes described in
551     Subsection 78B-6-144.5(2).
552          Section 12. Effective date.
553          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
554          (2) Uncodified Section 11, Appropriation, takes effect on July 1, 2015.