SB272: Bill Text

LRB-2953/1

TJD:sac:rs

2013 - 2014 LEGISLATURE

2013 Senate BILL 272

August 29, 2013 - Introduced by Senators Jauch, Miller and L. Taylor, cosponsored by Representatives T. Larson, Milroy, Kestell, Bernier, Bewley, Hebl, Kahl, Knudson, LeMahieu, Ohnstad, Thiesfeldt, Zepnick and A. Ott. Referred to Committee on Health and Human Services.

SB272,1,3 An Act to renumber 48.94; to amend 69.15 (2) (a) (intro.); and to create 48.94 (2) and 69.15 (2) (d) of the statutes; relating to: the restoration of information from an original birth certificate after adoption.

Analysis by the Legislative Reference Bureau

Under current law, at the time a person is adopted the state registrar must prepare a new birth certificate for the adoptee unless the adoptive parents or the person being adopted objects. The new birth certificate must contain, among other information, the names and personal information of the adoptive parents, unless the court's order of adoption indicates otherwise. When a new certificate is issued, the original certificate is impounded and may be accessed only by court order, with permission of the birth parents, or for processing purposes of the state registrar.

This bill allows an adult who has been adopted to petition the court to order the state registrar to prepare a new birth certificate based on information on the person's original birth certificate if the person did not have the opportunity, at the time of the adoption, to request that a new birth certificate not be prepared; the person knows the identity of each birth parent who is named on his or her original birth certificate; and each birth parent who is alive and who is named on the person's original birth certificate does not object to the restoration of the information on the person's original birth certificate. Under the bill, if the court finds that all of those circumstances apply, the court must grant the petition. The state registrar must issue a new birth certificate that uses all of the information from the original birth certificate, if ordered by the court.

A new birth certificate issued under the bill does not affect the legal relationship between the adoptive parents and the adoptee and does not restore any legal rights or legal relationship that terminated at the time of adoption.

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:

SB272,1 Section 1. 48.94 of the statutes is renumbered 48.94 (1).

SB272,2 Section 2. 48.94 (2) of the statutes is created to read:

SB272,2,7 48.94 (2) If the court issues an order under s. 69.15 (2) (d) to restore the information from an adoptee's original birth certificate, the state registrar shall issue a new birth certificate containing the information from the adoptee's original birth certificate. The restoration of any birth parent's name on the adoptee's birth certificate does not do any of the following:

SB272,2,9 (a) Affect the legal relationship of parent and adoptee that was created by the order of adoption.

SB272,2,11 (b) Restore any legal rights or any legal relationship that terminated upon the order of adoption.

SB272,3 Section 3. 69.15 (2) (a) (intro.) of the statutes is amended to read:

SB272,2,19 69.15 (2) (a) (intro.) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new certificate for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1), that no new certificate be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate registered for the subject of the adoption. The new certificate shall show:

SB272,4 Section 4. 69.15 (2) (d) of the statutes is created to read:

SB272,3,4 69.15 (2) (d) 1. A court shall order the state registrar to prepare for the subject of a birth certificate a new birth certificate based on the information on the subject's original birth certificate if all of the following circumstances apply:

SB272,3,6 a. The subject of the birth certificate petitions the court for a new birth certificate.

SB272,3,7 b. The subject is an adult who was the subject of an adoption.

SB272,3,9 c. The subject did not have the opportunity under par. (a), at the time of the adoption, to request that no new birth certificate be prepared.

SB272,3,11 d. The subject knows the identity of each birth parent who is named on his or her original birth certificate.

SB272,3,14 e. Each birth parent who is alive and who is named on the subject's original birth certificate does not object to the restoration of the information on the subject's original birth certificate.

SB272,3,17 2. If the court grants an order under subd. 1., the state registrar shall prepare under sub. (6) a new birth certificate using all of the information contained on the original birth certificate.

SB272,3,18 (End)