LRB-2262/1
GMM:jld:rs
2005 - 2006 LEGISLATURE
September 26, 2005 - Introduced by Representatives Freese, Jeskewitz, Grigsby,
Kerkman, Ballweg, Travis, LeMahieu, F. Lasee, Lehman, Wood, Hahn, Hines,
Sheridan, Kreibich, Pridemore, Ott and Berceau, cosponsored by Senators
Kedzie, Lassa, Darling, Erpenbach, Taylor, Reynolds and Cowles. Referred
to Committee on Family Law.
AB688,1,2
1An Act to amend 48.433 (3) (intro.) of the statutes;
relating to: the age at which
2an adoptee may obtain identifying information about his or her birth parents.
Analysis by the Legislative Reference Bureau
Current law provides a procedure by which a person whose birth parent's rights
have been terminated, or who has been adopted, in this state may require the
Department of Health and Family Services (DHFS) to provide the person, after the
person reaches 21 years of age, with the person's original birth certificate and any
information that is available to DHFS regarding the identity and location of the
person's birth parents. DHFS may provide the identity and location of a birth parent
only if DHFS has on file an unrevoked affidavit from each known birth parent
authorizing DHFS to disclose that information. If DHFS does not have on file an
unrevoked affidavit from each known birth parent, DHFS must search for each birth
parent who has not filed an affidavit. Upon locating a birth parent, DHFS must give
the birth parent an opportunity to file an affidavit. If after a search a known birth
parent cannot be located, DHFS may disclose identifying information concerning
that birth parent if the other birth parent has filed an unrevoked affidavit. If a birth
parent who has not filed an affidavit is known to be deceased, DHFS must so inform
the requester, but may not provide the identity of that birth parent. This bill lowers
from 21 to 18 the age at which a person may require the DHFS to provide the person
with his or her original birth certificate and information about the person's birth
parents.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB688, s. 1
1Section
1. 48.433 (3) (intro.) of the statutes is amended to read:
AB688,2,62
48.433
(3) (intro.) Any person
21
18 years of age or over whose birth parent's
3rights have been terminated in this state or who has been adopted in this state with
4the consent of his or her birth parent or parents before February 1, 1982, may request
5the department, or agency contracted with under sub. (11), to provide the person with
6the following:
AB688,2,118
(1)
Access to identifying information about birth parents. This act first
9applies to requests for access to identifying information about birth parents, as
10defined in section 48.433 (1) (b) of the statutes, that are received by the department
11of health and family services on the effective date of this subsection.
