Existing law requires that a court report of adoption be filed with the original record of birth and that these records remain a part of the records of the State Registrar. Existing law provides that vital records related to adoptions, other than a newly issued birth certificate, shall be available only upon the order of the superior court of the county of residence of the adopted child or of the county granting the order of adoption. Existing law prohibits the order from being granted unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for granting the order.
This bill would, beginning January 1, 2025, require a superior court to grant a petition and require the State Registrar to provide a copy of the original unredacted birth certificate of an adopted person upon receipt of a verified petition filed by that adopted person who is 18 years of age or older and was the subject of an adoption occurring before January 1, 2025. The bill would require, for an adoption occurring before January 1, 2025, the State Registrar to provide notice to each birth parent on the original birth certificate, as specified, informing them that the original and unredacted birth certificate of the adopted child has been requested by the adopted person. The bill would require the notice to include a form on which each birth parent may indicate that they authorize a copy of the original and unredacted birth certificate to be provided to the adopted person. The bill would prohibit the State Registrar from providing the original and unredacted birth certificate if either birth parent did not receive the notice, as specified, but would permit the State Registrar to provide the birth certificate with information identifying and pertaining to the birth parent that did not receive or did not respond to the notice redacted.
This bill would require the State Registrar, for adoptions occurring on or after January 1, 2025, upon receiving notice that adoption proceedings have been completed, to provide notice to each birth parent named on the original birth certificate of an adopted person who is the subject of adoption proceedings informing each birth parent that the adopted person may request a copy of the original and unredacted birth certificate. The bill would require a superior court to grant a petition and require the State Registrar to provide a copy of the original unredacted birth certificate of an adopted person upon receipt of a verified petition filed by that adopted person who is 18 years of age or older and was the subject of an adoption occurring on or after January 1, 2025. The bill would require the State Registrar to provide notice to each birth parent on the original birth certificate, as specified, informing them that the original and unredacted birth certificate will be provided to the adopted person absent the parent's refusal, as specified. The bill would prohibit the State Registrar from providing the original and unredacted birth certificate if either birth parent did not receive the notice, as specified, but would permit the State Registrar to provide the birth certificate with information identifying and pertaining to the birth parent that did not receive or did not respond to the notice redacted.
This bill would also require a superior court to grant a petition and direct the State Registrar to provide a copy of the adopted person's original and unredacted birth certificate if a verified petition is filed by an adopted person who is 18 years of age or older and both parents listed on a birth certificate of the adopted person are deceased, as verified by the Office of Vital Records.

Statutes affected:
AB1302: 102705 HSC
02/16/23 - Introduced: 102705 HSC
03/16/23 - Amended Assembly: 102705 HSC
AB 1302: 102705 HSC