2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 13
February 7, 2023 - Introduced by Representatives TITTL, ARMSTRONG, BRANDTJEN,
GUNDRUM, MURPHY, MURSAU, TUSLER and WICHGERS, cosponsored by Senators
JACQUE, JAMES, MARKLEIN, TAYLOR and TOMCZYK. Referred to Committee on
Children and Families.
1 AN ACT to repeal 48.433 (3) (a); to renumber and amend 69.14 (3) (c) and 69.15
2 (6) (b); to consolidate, renumber and amend 48.433 (3) (intro.) and (b); to
3 amend 48.433 (2), 48.433 (8) (a) and 69.22 (1) (b); and to create 69.14 (3) (c)
4 3., 69.15 (6) (b) 4. and 69.21 (2) (bm) of the statutes; relating to: access to an
5 original impounded birth record.
Analysis by the Legislative Reference Bureau
This bill expands access to original impounded birth records, allowing an
adoptee whose original birth record has been impounded to receive an uncertified
copy of that impounded record upon request once the adoptee is 18 years of age.
Under current law, the Department of Children and Families administers an
adoption search program under which a person 18 years of age or over whose birth
parent's 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 identity and location of that birth parent if
the other birth parent has filed an unrevoked affidavit. If one birth parent is known
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ASSEMBLY BILL 13
to be deceased and the other alive, DCF must provide the identity of the deceased
parent, but may provide the original birth certificate and the identity and location
of the living birth parent only if that birth parent has filed an unrevoked affidavit.
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 record for the subject of the adoption unless the adoptive parents or the
adoptee requests that no new record be prepared. The new record 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 record 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.
The bill eliminates language allowing for access to an adoptee's original
impounded birth record only when access has been granted by the birth parent in an
affidavit. The bill instead requires the state registrar to provide any person over the
age of 18 whose original birth record has been impounded with unrestricted access
to the person's original unaltered birth record and issue that person an uncertified
copy of the original unaltered birth record. The bill also requires that the state
registrar, when issuing an uncertified copy of an original impounded birth record, to
inform the recipient about current law provisions regarding access to certain
information about a person's birth parents. The bill does not change certain
restrictions applicable to vital record access in the circumstance of adoptions
involving an Indian child.
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:
1 SECTION 1. 48.433 (2) of the statutes is amended to read:
2 48.433 (2) Any birth parent whose rights have been terminated in this state
3 at any time, or who has consented to the adoption of his or her child in this state
4 before February 1, 1982, may file with the department, or agency contracted with
5 under sub. (11), an affidavit authorizing the department or agency to provide the
6 child with his or her original birth certificate and with any other available
7 information about the birth parent's identity and location. An affidavit filed under
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ASSEMBLY BILL 13 SECTION 1
1 this subsection may be revoked at any time by notifying the department or agency
2 in writing.
3 SECTION 2. 48.433 (3) (intro.) and (b) of the statutes are consolidated,
4 renumbered 48.433 (3) and amended to read:
5 48.433 (3) Any person 18 years of age or over whose birth parent's rights have
6 been terminated in this state or who has been adopted in this state with the consent
7 of his or her birth parent or parents before February 1, 1982, may request the
8 department, or agency contracted with under sub. (11), to provide the person with
9 the following: (b) Any any available information regarding the identity and location
10 of his or her birth parents.
11 SECTION 3. 48.433 (3) (a) of the statutes is repealed.
12 SECTION 4. 48.433 (8) (a) of the statutes is amended to read:
13 48.433 (8) (a) If a birth parent of a requester under sub. (3) is known to be
14 deceased, the department, or agency contracted with under sub. (11), shall so inform
15 the requester. The department or agency shall provide the requester with the
16 identity of the deceased parent. If both birth parents are known to be deceased, the
17 department or agency shall provide the requester with his or her original birth
18 certificate. If only one birth parent is known to be deceased, the department or
19 agency shall provide the requester with his or her original birth certificate and any
20 available information it has on file regarding the identity and location of the other
21 birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).
22 SECTION 5. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and
23 amended to read:
24 69.14 (3) (c) (intro.) If at any time after a birth record is filed for a registrant
25 under this subsection a birth record filed for the registrant at the time of birth of the
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ASSEMBLY BILL 13 SECTION 5
1 registrant is found or the registrant is adopted and the adoptive parents sign a birth
2 record giving their names as the adoptive parents, the state registrar shall impound
3 the birth record filed under this subsection and prohibit access thereto, except by
4 under any of the following circumstances:
5 1. In response to a court order or except by.
6 2. To the state registrar for processing purposes.
7 SECTION 6. 69.14 (3) (c) 3. of the statutes is created to read:
8 69.14 (3) (c) 3. When providing an uncertified copy of the impounded birth
9 record to the registrant in accordance with s. 69.21 (2) (bm).
10 SECTION 7. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and
11 amended to read:
12 69.15 (6) (b) (intro.) The state registrar shall register a new record created
13 under this section and shall impound the original record or the record registered
14 under sub. (5) and all correspondence, affidavits, court orders and other related
15 materials and prohibit access thereto, except by under any of the following
16 circumstances:
17 1. In response to a court order or except by.
18 2. To the state registrar for processing purposes or except when.
19 3. When a disclosure is authorized under ss. s. 48.432 and 48.433.
20 (bm) The state registrar shall send notice of any new record registered under
21 this section to the local registrar who filed the original record. Upon notification, the
22 local registrar shall destroy his or her copy of the original record.
23 SECTION 8. 69.15 (6) (b) 4. of the statutes is created to read:
24 69.15 (6) (b) 4. When providing an uncertified copy of the impounded birth
25 record to the registrant in accordance with s. 69.21 (2) (bm).
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ASSEMBLY BILL 13 SECTION 9
1 SECTION 9. 69.21 (2) (bm) of the statutes is created to read:
2 69.21 (2) (bm) 1. If a registrant is 18 years of age or older and is the subject of
3 a birth record that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b), the state
4 registrar shall, upon request by the registrant, provide the registrant with
5 unrestricted access to the registrant's unaltered birth record impounded under s.
6 69.14 (3) (c) or 69.15 (6) (b) and issue to the registrant an uncertified copy of the
7 registrant's unaltered birth record impounded under s. 69.14 (3) (c) or 69.15 (6) (b).
8 2. When issuing an uncertified copy of a birth record to a registrant under subd.
9 1., the state registrar shall inform the registrant of the provisions of ss. 48.432 and
10 48.433.
11 SECTION 10. 69.22 (1) (b) of the statutes is amended to read:
12 69.22 (1) (b) Except as provided under par. (c), $20 for issuing an uncertified
13 copy of a vital record issued under s. 69.21 (2) (a) or, (b), or (bm), $7 for verifying
14 information about the event submitted by a requester without issuance of a copy, and
15 $3 for any additional copy of the same vital record issued at the same time.
16 SECTION 11.0Initial applicability.
17 (1) The treatment of ss. 69.21 (2) (bm) and 69.22 (1) (b), the renumbering and
18 amendment of ss. 69.14 (3) (c) and 69.15 (6) (b), and the creation of ss. 69.14 (3) (c)
19 3. and 69.15 (6) (b) 4. first apply to a request made for an uncertified copy of an
20 impounded birth record on the effective date of this subsection.
21 (END)


Statutes affected:
Bill Text: 48.433(2), 48.433, 48.433(3)(a), 48.433(8)(a), 69.22(1)(b), 69.22