AB489,6,1412
48.433
(7) (c) If the birth parent files the affidavit
under sub. (2), the
13department
, or agency
contracted with under sub. (11), shall disclose the requested
14information if permitted under sub. (5).
AB489, s. 19
15Section
19. 48.433 (7) (d) of the statutes is amended to read:
AB489,6,1816
48.433
(7) (d) If the department or an agency has contacted a birth parent
17under this subsection, and the birth parent does not file the affidavit
under sub. (2),
18the department
or agency may not disclose the requested information.
AB489, s. 20
19Section
20. 48.433 (7) (e) of the statutes is amended to read:
AB489,6,2320
48.433
(7) (e) If, after a search under this subsection, a known birth parent
21cannot be located, the department
, or agency
contracted with under sub. (11), may
22disclose the requested information if the other birth parent has filed an unrevoked
23affidavit under sub. (2).
AB489, s. 21
24Section
21. 48.433 (8) (a) (intro.) of the statutes is amended to read:
AB489,7,7
148.433
(8) (a) (intro.) If a birth parent is known to be
dead deceased and has
2not filed an unrevoked affidavit under sub. (2), the department
, or agency
contracted
3with under sub. (11), shall so inform the requester. The department or agency may
4not provide the requester with
a copy of his or her original birth certificate or with
5the identity of that
birth parent, but shall provide the requester with any available
6information
it that the department or agency has on file regarding the identity and
7location of the other birth parent if both of the following conditions exist:
AB489, s. 22
8Section
22. 48.433 (8) (b) of the statutes is amended to read:
AB489,7,139
48.433
(8) (b) If a birth parent is known to be
dead deceased, the department
, 10or agency
contracted with under sub. (11), in addition to the information provided
11under par. (a), shall provide the requester with any nonidentifying social history
12information about the deceased
birth parent
that is on file with the department or
13agency.
AB489, s. 23
14Section
23. 48.433 (8) (c) of the statutes is created to read:
AB489,7,1715
48.433
(8) (c) If a birth child is known to be deceased, the department or agency
16shall so inform the requester and shall provide the requester with the identity of that
17birth child.
AB489, s. 24
18Section
24. 48.433 (8m) of the statutes is amended to read:
AB489,7,2219
48.433
(8m) If the department
, or agency
contracted with under sub. (11), may
20not disclose the information requested under
this section, it sub. (3), the department
21or agency shall provide the requester with any nonidentifying social history
22information about either of the birth parents that it has on file.
AB489, s. 25
23Section
25. 48.433 (9) of the statutes is amended to read:
AB489,8,3
148.433
(9) The requester may petition the circuit court to order the department
2or agency
designated by the department to disclose any information that may not be
3disclosed under this section. The court shall grant the petition for good cause shown.
AB489, s. 26
4Section
26. 48.433 (9m) of the statutes is created to read:
AB489,8,75
48.433
(9m) (a) Subject to par. (b), no birth parent may contact a birth child who
6has not filed an unrevoked affidavit under sub. (2m) and no person may provide such
7a birth parent with any information about the identity or location of the birth child.
AB489,8,108
(b) Paragraph (a) does not apply if, before the birth child reaches 18 years of
9age, the adoptive parents of the birth child authorize under s. 48.434 (3) or otherwise
10the release of the information specified in par. (a) to the birth parent.
AB489,8,1211
(c) Subject to sub. (10), any person who violates par. (a) may be required to
12forfeit not more than $5,000 for each violation.
AB489, s. 27
13Section
27. 48.434 (7) of the statutes is amended to read:
AB489,8,1514
48.434
(7) This section does not apply if the adopted child is
21 18 years of age
15or over.
AB489,8,2517
(1)
Notice to birth children. The department of health and family services
18shall, no later than 3 months after the effective date of this subsection, publish in the
19official state newspaper designated under section 985.04 of the statutes a notice
20informing birth children, as defined in section 48.433 (1) (am) of the statutes, as
21created by this act, of their right to file with that department or an agency, as defined
22in section 48.433 (1) (a) of the statutes, as affected by this act, under section 48.433
23(2m) of the statutes, as created by this act, an affidavit authorizing the disclosure to
24their birth parents, as defined in section 48.433 (1) (b) of the statutes, of information
25about their identity and location.
AB489,9,82
(1)
Birth child affidavit registry. In the schedule under section 20.005 (3) of
3the statutes for the appropriation to the department of health and family services
4under section 20.435 (3) (a) of the statutes, as affected by the acts of 2007, the dollar
5amount is increased by $37,500 for fiscal year 2007-08 and the dollar amount is
6increased by $37,500 for fiscal year 2008-09 to increase the authorized FTE positions
7for the department by 1.0 GPR office associate position for the purpose of
8administering the birth child affidavit registry created under this act.
AB489,9,1410
(1)
Access to identifying information about adoptive parents and birth
11parents. The treatment of section 48.434 (7) of the statutes first applies to requests
12for access to identifying information about adoptive parents or birth parents that are
13received by an agency under section 48.434 (5) or (6) of the statutes on the effective
14date of this subsection.
AB489,9,1816
(1)
Birth child affidavit registry. This act takes effect on the day after
17publication, or on the 2nd day after publication of the 2007-09 biennial budget act,
18whichever is later.