Analysis by the Legislative Reference Bureau
Introduction
This bill: 1) permits a person 18 years of age or over whose birth parent's
parental rights have been terminated in this state to file an affidavit with the
Department of Children and Families (DCF) authorizing DCF to provide the person's
birth parent with identifying information about the person; and 2) makes certain
changes with regard to access to medical and genetic information about such a birth
parent.
Access to identifying information
Under current law, DCF administers an adoption search program under which
a person 18 years of age or over whose birth parent's parental rights have been
terminated in this state may request DCF to provide the person with any information
that is available to DCF regarding the identity and location of the person's birth

parents. DCF may provide the identity and location of a birth parent only if DCF has
on file an unrevoked affidavit from each known birth parent authorizing DCF to
disclose that information. If DCF does not have on file an unrevoked affidavit from
each known birth parent, DCF must search for each birth parent who has not filed
an affidavit and, upon locating a birth parent, must give the birth parent an
opportunity to file an affidavit. If a known birth parent cannot be located, DCF may
disclose the requested information 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,
DCF may not provide the identity of that birth parent but may provide the identity
and location of the other birth parent if the other birth parent has filed an unrevoked
affidavit and if one year has elapsed since the death of the deceased birth parent.
This bill requires DCF to disclose the identity of a birth parent who is known
to be deceased, including the requester's original birth certificate if both parents are
deceased or if one parent is deceased and the other has an affidavit on file authorizing
the release of the original birth certificate.
Current law does not include a comparable procedure under which a birth
parent, or a person who may be a biological parent and whose parental rights to a
person have been terminated (possible parent), may obtain identifying information
about a person who was, or may have been, his or her child. This bill establishes such
a procedure.
Specifically, the bill: 1) permits any person 18 years of age or over whose birth
parent's or possible parent's parental rights have been terminated in this state to file
with DCF an affidavit authorizing DCF to provide the birth parent or possible parent
with any available information about the identity and location of the person; 2)
permits any birth parent or possible parent whose parental rights have been
terminated in this state to request DCF to provide the birth parent or possible parent
with any available information about the identity and location of any person 18 years
of age or over who was, or may have been, his or her child; and 3) requires DCF to
disclose the requested information if DCF has on file an unrevoked affidavit
authorizing that disclosure. In disclosing that information, DCF may not disclose
any information that would reveal the identity or location of a birth parent or
possible parent other than the birth parent or possible parent requesting the
information.
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.
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:
SB386,1 1Section 1. 48.432 (3) (a) 4m. of the statutes is created to read:
SB386,3,32 48.432 (3) (a) 4m. The parent, guardian, or legal custodian of an offspring of
3a deceased individual or adoptee, if the offspring is under 18 years of age.
SB386,2 4Section 2. 48.432 (4) (a) of the statutes is amended to read:
SB386,3,155 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain
6medical and genetic information about an individual whose birth parent's rights
7have been terminated in this state at any time, or whose birth parent consented to
8his or her adoption before February 1, 1982, or medical and genetic information
9about the birth parents of such an individual or adoptee, and the information is not
10on file with the department, or agency contracted with under sub. (9), the person may
11request that the department or agency conduct a search for the birth parents to
12obtain the information. The request shall be accompanied by a statement from a
13physician certifying either that the individual or adoptee has or may have acquired
14a genetically transferable disease or that the individual's or adoptee's medical
15condition requires access to the information.
SB386,3 16Section 3. 48.433 (8) (a) (intro.) and 1. of the statutes are consolidated,
17renumbered 48.433 (8) (a) and amended to read:
SB386,4,11
148.433 (8) (a) If a birth parent is known to be dead and has not filed an
2unrevoked affidavit under sub. (2)
deceased, the department, or agency contracted
3with under sub. (11), shall so inform the requester. The department or agency may
4not
shall provide the requester with the identity of the deceased parent. If both birth
5parents are known to be deceased, the department or agency shall
provide the
6requester with his or her original birth certificate or with the identity of that parent,
7but
. If only one birth parent is known to be deceased, the department or agency shall
8provide the requester with his or her original birth certificate and any available
9information it has on file regarding the identity and location of the other birth parent
10if both of the following conditions exist: 1. The the other birth parent has filed an
11unrevoked affidavit under sub. (2).
SB386,4 12Section 4. 48.433 (8) (a) 2. of the statutes is repealed.
SB386,5 13Section 5. 48.433 (8r) of the statutes is created to read:
SB386,4,1614 48.433 (8r) (a) In this subsection, "birth parent" has the meaning given in s.
1548.432 (1) (am) and includes any other person who may be the person's biological
16parent and whose parental rights have been terminated.
SB386,4,2317 (b) Any person 18 years of age or over whose birth parent's rights have been
18terminated in this state or who has been adopted in this state with the consent of his
19or her birth parent or parents before February 1, 1982, may file with the department,
20or agency contracted with under sub. (11), an affidavit authorizing the department
21or agency to provide the person's birth parent with any available information about
22the identity and location of the person. An affidavit filed under this subsection may
23be revoked at any time by notifying the department or agency in writing.
SB386,5,524 (c) Any birth parent whose rights have been terminated in this state at any
25time, or who has consented to the adoption of his or her child in this state before

1February 1, 1982, may request the department, or agency contracted with under sub.
2(11), to provide him or her with any available information about the identity and
3location of any person 18 years of age or over who was or may have been his or her
4child. Before acting on the request, the department or agency shall require the
5requester to provide adequate identification.
SB386,5,126 (d) If the department, or agency contracted with under sub. (11), has on file an
7unrevoked affidavit filed under par. (a) by a person 18 years of age or over who was
8or may have been a child of the requester, the department or agency shall disclose
9the information requested under par. (b) related to the person who filed the affidavit.
10In disclosing information under this paragraph, the department or agency may not
11disclose any information that would reveal the identity or location of a birth parent
12other than the birth parent requesting the information.
SB386,6 13Section 6. Initial applicability.
SB386,5,2014 (1) Access to identifying information. The treatment of section 48.433 (8r) of
15the statutes first applies to a request by a birth parent, as defined in section 48.433
16(8r) (a) of the statutes, for identifying information about a person 18 years of age or
17over who was or may have been his or her child made on the effective date of this
18subsection, regardless of whether the birth parent's parental rights to the person
19were terminated or the birth parent consented to the adoption of the person prior to
20the effective date of this subsection.
SB386,6,321 (2) Access to medical and genetic information. The treatment of section
2248.432 (3) (a) 4m. of the statutes first applies to a request for medical and genetic
23information, and the treatment of section 48.432 (4) (a) of the statutes first applies
24to a request for a search to obtain that information, made on the effective date of this
25subsection, regardless of whether the parental rights of the birth parent, as defined

1in section 48.432 (1) (am) of the statutes, whose medical and genetic information is
2the subject of the request were terminated, or that birth parent consented to the
3adoption of his or her child, prior to the effective date of this subsection.
SB386,6,44 (End)
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