AB650: Bill Text

This bill replaces the affidavit authorizing DCF to disclose the identity and location of a birth parent with a contact preference form prescribed by DCF that allows a birth parent to designate one of the following preferences with regard to whether the birth parent wishes to be contacted: 1) "I would like to be contacted by my child or by an offspring of my child."; 2) "I would prefer to be contacted only through an intermediary."; or 3) "I would prefer not to be contacted by my child or by an offspring of my child at this time." DCF may then provide the identity and location of a birth parent to a person 18 years of age or over who was a child of the birth parent or is an offspring of that person if DCF has on file a contact preference form from the birth parent indicating that the parent wishes to be contacted or that one birth parent wishes to be contacted.

The bill also 1) permits a birth parent, when filing a contact preference form, to simultaneously file any relevant medical and genetic information about the birth parent and his or her child, which information DCF may disclose without disclosing any identifying information about the birth parent; 2) requires DCF to disclose the identity of a birth parent who is known to be deceased; 3) in a case in which one birth parent is deceased and the other birth parent has filed a contact preference form indicating that he or she wishes to be contacted, eliminates the requirement that one year must have elapsed since the death of the deceased birth parent before DCF may provide the identity and location of the other birth parent; and 4) in a case in which a birth parent has filed a contact preference form indicating that he or she does not wish to be contacted, requires DCF to contact the birth parent again after at least 12 months have elapsed to determine whether the birth parent's preference has changed.

Access to identifying information

Current law does not include a comparable procedure under which a birth parent may obtain identifying information about a person who was his or her child or who is an offspring of that person. This bill establishes such a procedure.

Specifically, the bill 1) permits any person 18 years of age or over whose birth parent's parental rights have been terminated in this state or an offspring of that person, if 18 years of age or over, to file with DCF a contact authorization form authorizing DCF to provide the person's birth parent with any available information about the identity and location of the person or offspring; 2) permits any birth parent whose parental rights have been terminated in this state to request DCF to provide the birth parent with any available information about the identity and location of any person 18 years of age or over who was his or her child or is an offspring of that person; 3) requires DCF to disclose the requested information if DCF has on file an unrevoked contact authorization form authorizing that disclosure; and 4) in a case in which DCF does not have on file an unrevoked contact authorization form from each person 18 years of age or over who was a child of the requester or is an offspring of that person, requires DCF to search for each such child or offspring who has not filed that form and, upon locating such a child or offspring, give the child or offspring an opportunity to file that form.

Access to medical and genetic information

Under current law, any birth parent whose parental rights have been terminated in this state may file with DCF any relevant medical or genetic information about the birth parent or his or her child and DCF must disclose that information on the request of the child, if 18 years of age or over; the adoptive parent, guardian, or legal custodian of the child; any offspring of the child, if 18 years of age or over; or any agency or social worker who is providing services to the child. If DCF does not have that information on file, the requester may request DCF to conduct a search for the birth parents to obtain that information. Such a request must be accompanied by a statement from a physician certifying either that the child has or may have acquired a genetically transferable disease or that the child's medical condition requires access to the information (physician's statement).

This bill eliminates the requirement that a birth parent search request be accompanied by a physician's statement. The bill also permits the parent, guardian, or legal custodian of an offspring of a person whose birth parent's parental rights have been terminated in this state to request medical and genetic information about that person or his or her birth parents if that person is deceased and the offspring is under 18 years of age.

Access to original birth certificate

Generally, under current law, if the state registrar receives a court or administrative order providing for an adoption, the state registrar must prepare a new birth certificate for the subject of the adoption unless the adoptive parents or the adoptee requests that no new certificate be prepared. The new certificate must show certain information including the names and personal information of the adoptive parents and must show the hospital and time of birth as unknown. The state registrar must impound the original birth certificate and all related materials and may generally not provide access to them, except when authorized by the birth parent in an affidavit prepared using the procedure under current law that is described above.

Also under current law, a person who assumes custody of an infant of unknown parentage must file a birth certificate (foundling birth certificate) for the infant containing certain information about the infant. If the infant is later adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar must impound the foundling birth certificate and may generally not provide access to it.

The bill deletes the provision providing for access to an adoptee's original, impounded birth certificate when access has been granted by the birth parent in an affidavit. The bill instead requires the state registrar to issue an uncertified copy of an original, impounded birth certificate to an adoptee upon request if the adoptee is the subject of that birth certificate and is at least 18 years old. The bill also requires the state registrar to issue an uncertified copy of a foundling birth certificate to an adoptee who was an infant of unknown parentage upon request if the adoptee is the subject of the foundling birth certificate and is at least 18 years old. Finally, the bill requires the state registrar to issue an uncertified copy of an original, impounded birth certificate that was prepared for an individual who was born to a surrogate mother, if such a birth certificate was prepared with the surrogate mother's information, to that individual upon request if that individual is the subject of that birth certificate and is at least 18 years old.

The bill also requires the state registrar, when issuing an uncertified copy of an original, impounded birth certificate or a foundling birth certificate to an adoptee, to inform the adoptee about provisions relating to access to adoptees' medical information and about the adoption search program and the filing of contact preference forms.

Finally, the bill requires the Department of Health Services (DHS) to collect statistics on the number of requests made for uncertified copies of original, impounded birth certificates and foundling birth certificates by adoptees and requires DHS to publish reports summarizing the statistics collected. The bill prohibits DHS, in publishing these reports, from disclosing any information that reveals the identity of a birth parent.

For further information see the state 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:

AB650,1 Section 1. 48.432 (2) (a) of the statutes is amended to read:

AB650,5,4 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) or 48.433 (2) (a) in a centralized birth record file.

AB650,2 Section 2. 48.432 (3) (a) 4m. of the statutes is created to read:

AB650,5,7 48.432 (3) (a) 4m. The parent, guardian, or legal custodian of an offspring of a deceased individual or adoptee, if the offspring is under 18 years of age.

AB650,3 Section 3. 48.432 (4) (a) of the statutes is amended to read:

AB650,5,19 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.

AB650,4 Section 4. 48.433 (title) of the statutes is amended to read:

AB650,6,2 48.433 (title) Access to identifying information about parents.

AB650,5 Section 5. 48.433 (2) of the statutes is renumbered 48.433 (2) (a) and amended to read:

AB650,6,19 48.433 (2) (a) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked a contact preference form that designates one of the preferences specified in par. (b) 1., 2., or 3. When filing a contact preference form, a birth parent may also simultaneously file the medical and genetic information specified in s. 48.432 (2) (b). The department shall maintain any contact preference form and medical and genetic information filed under this paragraph in the centralized birth record file under s. 48.432 (2). A birth parent may amend a contact preference form at any time by filing a new contact preference form or may revoke a contact preference form at any time by notifying the department or agency in writing.

AB650,6 Section 6. 48.433 (2) (b), (c) and (d) of the statutes are created to read:

AB650,6,24 48.433 (2) (b) The department shall prescribe a contact preference form that allows a birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, to designate one of the following preferences:

AB650,6,25 1. "I would like to be contacted by my child or by an offspring of my child."

AB650,7,1 2. "I would prefer to be contacted only through an intermediary."

AB650,7,3 3. "I would prefer not to be contacted by my child or by an offspring of my child at this time."

AB650,7,7 (c) The contact preference form shall also contain a space for a birth parent who wishes to be contacted to designate the method or methods by which the birth parent wishes to be contacted and to provide contact information for the birth parent or intermediary.

AB650,7,13 (d) The department shall collect statistics on the number of contact preference forms filed or revoked under par. (a), categorized by the preferences under par. (b) 1. to 3. chosen, and shall publish, on an annual basis or more often at the discretion of the department, reports summarizing those statistics collected. In publishing reports under this paragraph, the department may not disclose any information that reveals the identity of a birth parent.

AB650,7 Section 7. 48.433 (3) (intro.) and (b) of the statutes are consolidated, renumbered 48.433 (3) and amended to read:

AB650,7,22 48.433 (3) Any person 18 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, or any offspring of that person, if 18 years of age or over, may request the department, or agency contracted with under sub. (11), to provide the person or offspring with the following: (b) Any any available information regarding the identity and location of his or her the person's birth parents.

AB650,8 Section 8. 48.433 (3) (a) of the statutes is repealed.

AB650,9 Section 9. 48.433 (5) (intro.) and (a) of the statutes are consolidated, renumbered 48.433 (5) and amended to read:

AB650,8,6 48.433 (5) The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances: (a) The to the requester any available information regarding the identity and location of a birth parent if the department, or agency contracted with under sub. (11), has on file an unrevoked affidavits contact preference form filed under sub. (2) (a) from both the birth parents parent indicating that the birth parent wishes to be contacted.

AB650,10 Section 10. 48.433 (5) (b) of the statutes is repealed.

AB650,11 Section 11. 48.433 (6) (a) of the statutes is amended to read:

AB650,8,16 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit a contact preference form from each known birth parent, it the department or agency shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit a contact preference form. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.

AB650,12 Section 12. 48.433 (7) (a) 3. of the statutes is amended to read:

AB650,8,19 48.433 (7) (a) 3. The fact that the birth parent has the right to file with the department the affidavit a contact preference form under sub. (2) (a).

AB650,13 Section 13. 48.433 (7) (b) of the statutes is amended to read:

AB650,8,24 48.433 (7) (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit contact preference form.

AB650,14 Section 14. 48.433 (7) (c) of the statutes is amended to read:

AB650,9,3 48.433 (7) (c) If the birth parent files the affidavit a contact preference form, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

AB650,15 Section 15. 48.433 (7) (d) of the statutes is amended to read:

AB650,9,9 48.433 (7) (d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit a contact preference form, or if after a search under this subsection, a known birth parent cannot be located, the department or agency may not disclose the requested information about that birth parent.

AB650,16 Section 16. 48.433 (7) (e) of the statutes is repealed.

AB650,17 Section 17. 48.433 (7) (f) of the statutes is amended to read:

AB650,9,20 48.433 (7) (f) The department or agency conducting a search under this subsection may not contact a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. If a birth parent has filed a contact preference form indicating that he or she does not wish to be contacted and if at least 12 months have elapsed since the filing of that contact preference form, the department or agency shall contact the birth parent again on behalf of the requester to determine whether the birth parent's preference has changed. Further contacts with a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.

AB650,18 Section 18. 48.433 (8) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.433 (8) and amended to read:

AB650,9,25 48.433 (8) If a birth parent is one or both birth parents are known to be dead and has not filed an unrevoked affidavit under sub. (2) deceased, the department, or agency contracted with under sub. (11), shall so inform the requester . The department or agency may not and shall provide the requester with his or her original birth certificate or with the identity of that parent, but all deceased birth parents. In a case in which one birth parent is known to be deceased, the department or agency shall also provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist: 1. The the other birth parent has filed an unrevoked affidavit contact preference form under sub. (2) (a) indicating that the birth parent wishes to be contacted.

AB650,19 Section 19. 48.433 (8) (a) 2. of the statutes is repealed.

AB650,20 Section 20. 48.433 (8) (b) of the statutes is repealed.

AB650,21 Section 21. 48.433 (8m) of the statutes is amended to read:

AB650,10,15 48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section sub. (3), it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

AB650,22 Section 22. 48.433 (8r) of the statutes is created to read:

AB650,10,25 48.433 (8r) (a) Any person 18 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, or any offspring of that person, if 18 years of age or over, may file with the department, or agency contracted with under sub. (11), a contact authorization form authorizing the department or agency to provide the person's birth parent with any available information about the identity and location of the person or offspring. A contact authorization form filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB650,11,7 (b) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the birth parent with any available information about the identity and location of any person 18 years of age or over who was his or her child or of any offspring of that person, if 18 years of age or over. Before acting on the request, the department or agency shall require the requester to provide adequate identification.

AB650,11,14 (c) The department, or agency contracted with under sub. (11), shall disclose the information requested under par. (b) if the department or agency has on file an unrevoked contact authorization form filed under par. (a) by a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester. In disclosing information under this paragraph, the department or agency may not disclose any information that would reveal the identity or location of a birth parent other than the birth parent requesting the information.

AB650,11,23 (d) 1. If the department, or agency contracted with under sub. (11), does not have on file a contact authorization form from a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall, within 3 months after the date of the original request, undertake a diligent search for each such child or offspring who has not filed a contact authorization form. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under par. (a), the department or agency is not required to conduct a search.

AB650,12,4 2. Upon locating a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency conducting the search shall make at least one verbal contact with that person and notify him or her of the nature of the information requested, the date of the request, and the fact that he or she may file with the department or agency the contact authorization form under par. (a).

AB650,12,12 3. Within 3 working days after contacting a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall send the person a written copy of the information specified under subd. 2. and a blank copy of the contact authorization form. If the person files the contact authorization form, the department or agency shall disclose the requested information. If the department or an agency contacts a person under this subsection and the person does not file the contact authorization form, the department may not disclose the requested information.

AB650,12,15 4. Employees of the department and any agency conducting a search under this paragraph may not inform any person other than a person who is a subject of the search of the purpose of the search.

AB650,12,22 5. The department or agency shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for any person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall notify the requester. No fee in excess of $100 per search subject may be charged unless the requester, after receiving notification under this subdivision, has given consent to proceed with the search.

AB650,13,5 6. The department or agency conducting a search under this paragraph may not contact a person again on behalf of the same requester until at least 12 months after the date of the previous contact. If a person contacted under this paragraph does not file a contact authorization form and if at least 12 months have elapsed since the date of the last contact, the department or agency shall contact the person again on behalf of the requester to determine whether the person wishes to file that form. Further contacts with a person under this paragraph on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.

AB650,13,9 (e) If the department, or agency contracted with under sub. (11), may not disclose the information requested under par. (b), it shall provide the requester with any nonidentifying social history information about any person who was a child of the requester or who is an offspring of a child of the requester that it has on file.

AB650,23 Section 23. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and amended to read:

AB650,13,17 69.14 (3) (c) (intro.) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate filed under this subsection and prohibit access to that certificate, except by under any of the following circumstances:

AB650,13,18 1. In response to a court order or except by.

AB650,13,19 2. To the state registrar for processing purposes.

AB650,24 Section 24. 69.14 (3) (c) 3. of the statutes is created to read:

AB650,13,22 69.14 (3) (c) 3. Providing an uncertified copy of the certificate to the registrant in accordance with s. 69.21 (2) (bm).

AB650,25 Section 25. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and amended to read:

AB650,14,5 69.15 (6) (b) (intro.) The state registrar shall register a new certificate created under this section and shall impound the original certificate or the certificate registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access to those materials, except by under any of the following circumstances:

AB650,14,6 1. In response to a court order or except by.

AB650,14,7 2. To the state registrar for processing purposes or except when.

AB650,14,8 3. A disclosure authorized under ss. s. 48.432 and 48.433.

AB650,14,12 (bm) The state registrar shall send a copy of any new certificate registered under this section to the local registrar who filed the original of the replaced certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.

AB650,26 Section 26. 69.15 (6) (b) 4. of the statutes is created to read:

AB650,14,15 69.15 (6) (b) 4. Providing an uncertified copy of the certificate to the registrant in accordance with s. 69.21 (2) (bm).

AB650,27 Section 27. 69.21 (2) (bm) of the statutes is created to read:

AB650,14,20 69.21 (2) (bm) 1. On the written request of a registrant and on payment of the fee required under s. 69.22, the state registrar shall issue an uncertified copy of a birth certificate that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b) to the registrant if all of the following apply to the registrant:

AB650,14,21 a. The registrant is 18 years of age or older.

AB650,15,2 b. The registrant's birth parent's rights have been terminated in this state; the registrant has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982; the registrant was adopted after a birth certificate was originally filed for the registrant under s. 69.14 (3); or a court determined parental rights over a registrant born to a surrogate mother, as provided in s. 69.14 (1) (h).

AB650,15,5 2. When issuing an uncertified copy of a birth certificate to an adoptee under subd. 1., the state registrar shall inform the registrant of the provisions of ss. 48.432 and 48.433.