Florida Senate - 2018                                     SB 576
       By Senator Baxley
       12-00793-18                                            2018576__
    1                        A bill to be entitled                      
    2         An act relating to adoptee birth certificates;
    3         creating s. 382.0155, F.S.; defining a term; requiring
    4         the Department of Health to issue a noncertified copy
    5         of an original birth certificate to certain adoptees
    6         under certain conditions; requiring the department to
    7         develop certain forms and make such forms available to
    8         birth parents; requiring the department to maintain a
    9         birth parent’s contact preference and medical history
   10         form; requiring the department to maintain certain
   11         statistics on its website; providing construction;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 382.0155, Florida Statutes, is created
   17  to read:
   18         382.0155Noncertified copy of original birth certificate.—
   19         (1)For purposes of this section, the term “noncertified
   20  copy of original birth certificate” means an unaltered copy of
   21  the front side of an original long-form certificate of birth,
   22  excluding any medical information about the parties listed on
   23  the back side of the document.
   24         (2)Notwithstanding any other provision of law, and upon
   25  submission of a written request for a noncertified copy of
   26  original birth certificate, proof of identity, and payment of
   27  the fee prescribed in s. 382.0255, the department shall issue a
   28  noncertified copy of an unaltered original birth certificate of
   29  an adoptee who was born in this state or whose adoption was
   30  finalized in this state, and whose adoption records are
   31  confidential pursuant to s. 63.162:
   32         (a)For adoptions finalized on or after July 1, 2018, to:
   33         1.An adult adoptee who is 18 years of age or older, or his
   34  or her legal representative.
   35         2.An adult descendant of an adult adoptee, or his or her
   36  legal representative, who submits the adoptee’s notarized
   37  written consent or a copy of the adoptee’s death certificate.
   38         3.A birth parent named on the original birth certificate,
   39  or his or her legal representative.
   40         (b)Beginning on February 1, 2019, for adoptions finalized
   41  on or after July 1, 1977, and before July 1, 2018, to a person
   42  eligible under paragraph (a), if:
   43         1.Both a birth parent named on the original birth
   44  certificate and the adult adoptee or adult descendant of the
   45  adult adoptee request a noncertified copy of original birth
   46  certificate on a form prescribed by the department.
   47         2.The adoption was finalized at least 40 years before the
   48  date of the written request for the noncertified copy of
   49  original birth certificate.
   50         3.A birth parent named on the original birth certificate
   51  is deceased or can reasonably be presumed to be deceased based
   52  on the known or estimated date of birth of the birth parent. The
   53  department shall conduct a diligent search for the birth
   54  parent’s death certificate upon receipt of a written request and
   55  payment of the fee prescribed in s. 382.008.
   56         4.An adult adoptee, an adult descendant of the adoptee, or
   57  the legal representative of the adoptee or descendant provides
   58  written evidence of knowledge of the name of a birth parent
   59  named on the original birth certificate.
   60         5.An adult birth parent files a written request with the
   61  department.
   62         6.A court of competent jurisdiction orders release of a
   63  noncertified copy of original birth certificate to an individual
   64  eligible under paragraph (a).
   65         (c)For adoptions finalized on or before June 30, 1977,
   66  nothing in this section or s. 63.162 shall abrogate, limit, or
   67  change the holding in or affect any rights affirmed or created
   68  under State Department of Health and Rehabilitative Services,
   69  Health Program Office v. Mullarkey, 340 So.2d 123 (Fla. 1st DCA
   70  1976).
   71         (3)The department shall prescribe and make available to
   72  the birth parent who has surrendered the child for adoption a
   73  contact preference and medical history form. The form shall
   74  provide a place for the birth parent to:
   75         (a)Indicate a preference regarding contact by the adult
   76  adoptee, an adult descendant of the adoptee, or a legal
   77  representative of the adoptee or descendant and whether the
   78  birth parent wishes to be contacted directly by the adoptee,
   79  contacted indirectly through a third party, or not contacted by
   80  any party, and an explanation for the stated contact preference.
   81         (b)Include the birth parent’s updated medical history and
   82  the medical history of other biological relatives, if known. The
   83  birth parent must indicate on the form that he or she waives
   84  confidentiality and authorizes the release of any medical
   85  information supplied thereon with respect to the adoptee, an
   86  adult descendant of the adoptee, or a legal representative of
   87  the adoptee or descendant, and the department or his or her
   88  designees.
   89         (c)Provide a written statement of his or her wishes or
   90  other information for the benefit of the person seeking the
   91  vital records.
   92         (4)The department shall maintain a birth parent’s contact
   93  preference and medical history form. A birth parent may update
   94  the information and preferences on the form at any time. The
   95  department shall only release such information to a person
   96  authorized under subsection (2). The department shall verify
   97  that the birth parent has submitted an updated contact
   98  preference and medical history form before providing a copy to a
   99  third party who submits a written notarized authorization from
  100  the adult adoptee or the adult descendant to search for and make
  101  contact with a birth parent.
  102         (5)The department shall maintain and make available to the
  103  public on its website accurate statistics relating to the number
  104  of contact preference and medical history forms on file with the
  105  department and the numeric breakdown of the preferences
  106  indicated for contact, contact through a third party, or no
  107  contact.
  108         Section 2. This act shall take effect July 1, 2018.