2021 -- S 0250 SUBSTITUTE A | |
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LC000753/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN | |
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Introduced By: Senators Goldin, and Goodwin | |
Date Introduced: February 10, 2021 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 15-7-5.1 of the General Laws in Chapter 15-7 entitled "Adoption of |
2 | Children" is hereby amended to read as follows: |
3 | 15-7-5.1. Contact preference form information. |
4 | Upon providing consent to an adoption, the biological parent(s) shall be informed that, |
5 | consistent with subdivision 23-3-15(g)(1), an adoptee may obtain a non-certified copy of his/her |
6 | unaltered, original certificate of birth upon his/her twenty-fifth (25th) eighteenth birthday, and that |
7 | the birth parent is allowed and authorized to file a contact preference form with the division of vital |
8 | records as provided in subdivision 23-3-15(g)(2). |
9 | SECTION 2. Sections 23-3-1 and 23-3-15 of the General Laws in Chapter 23-3 entitled |
10 | "Vital Records" are hereby amended to read as follows: |
11 | 23-3-1. Definitions. |
12 | As used in this chapter: |
13 | (1) "Adoptee" means a person who was born in this state and who has had an original birth |
14 | certificate sealed due to an adoption. |
15 | (2) "Adoptee vital records file" means a file operated by the division of vital records that |
16 | maintains adoptees' birth certificates, makes available the contact preference forms, provides |
17 | adoptees with non-certified copies of their birth certificates. |
18 | (3) "Adult adoptee" means an adoptee twenty-five (25) eighteen years of age or older. |
19 | (4) "Birth parent" is the person, the father or mother of genetic origin of a child, who is |
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1 | legally presumed under the laws of this state to be the father or mother of genetic origin of a child. |
2 | (5) "Community of residence" means the city or town within the state of a person's home |
3 | address at the time of his or her marriage or death, or of his or her mother's home address at the |
4 | time of his or her birth. |
5 | (6) "Contact preference form" means the form prepared and maintained by the division that |
6 | birth parent(s) of adoptees may file to express his or her preference regarding contact with the |
7 | adoptee. The contact preference form shall include language informing the birth parent(s) of their |
8 | ability to provide genetic, social, and health history to the Passive Voluntary Adoption Mutual |
9 | Consent Registry as defined in chapter 15-7.2. |
10 | (7) "Dead body" means a lifeless human body or parts of a lifeless human body or its bones |
11 | from the state of which it reasonably may be concluded that death recently occurred. |
12 | (8) "Division" means the division of vital records as defined in chapter 3 of title 23. |
13 | (9) "Fetal death" means death prior to the complete expulsion or extraction from its mother |
14 | of a product of human conception, irrespective of the duration of pregnancy; the death is indicated |
15 | by the fact that after the expulsion or extraction the fetus does not breathe or show any other |
16 | evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement |
17 | of the voluntary muscles. |
18 | (10) "Filing" means the presentation of a certificate, report, or other record provided for in |
19 | this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the |
20 | division of vital records. |
21 | (11) "Final disposition" means the burial, interment, cremation, or other disposition of a |
22 | dead body or fetus. |
23 | (12) "Institution" means any establishment, public or private, which provides in-patient |
24 | medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care to two |
25 | (2) or more unrelated individuals, or to which persons are committed by law. |
26 | (13) "Live birth" means the complete expulsion or extraction from its mother of a product |
27 | of human conception, irrespective of the duration of pregnancy, which, after that expulsion or |
28 | extraction, breathes or shows any other evidences of life such as beating of the heart, pulsation of |
29 | the umbilical cord, or definite movement of the voluntary muscles, whether or not the umbilical |
30 | cord has been cut or the placenta is attached. |
31 | (14) "Physician" means a person authorized or licensed to practice medicine pursuant to |
32 | chapter 37 of title 5. |
33 | (15) "Registration" means the acceptance by the division of vital records and the |
34 | incorporation in its official records of certificates, reports, or other records provided for in this |
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1 | chapter, or births, deaths, fetal deaths, adoptions, marriages, or divorces. |
2 | (16) "Signing" or "Signature" means the application of either a hand signature to a paper |
3 | record or an electronic process approved by the state registrar of vital records. |
4 | (17) "System of vital records" means the registration, collection, preservation, amendment, |
5 | and certification of vital statistics records, and activities related to them including the tabulation, |
6 | analysis, and publication of statistical data derived from those records. |
7 | (18) "Vital records" means records of birth, death, fetal death, marriage, divorce, and data |
8 | related to those records. |
9 | 23-3-15. New certificates of birth following adoption -- Legitimation and paternity |
10 | determination. |
11 | (a) The state registrar of vital records shall establish a new certificate of birth for a person |
12 | born in this state when he or she receives the following: |
13 | (1) An adoption report as provided in § 23-3-14 or a certified copy of the decree of adoption |
14 | together with the information necessary to identify the original certificate of birth and to establish |
15 | a new certificate of birth; except that a new certificate of birth shall not be established if the court |
16 | decreeing the adoption, the adoptive parents, or the adopted person requests that a new certificate |
17 | shall not be established. |
18 | (2) A request that a new certificate be established and evidence required by regulation |
19 | proving that the person has been legitimated, or that a court of competent jurisdiction has |
20 | determined the paternity of the person; provided, however, that where a court of competent |
21 | jurisdiction has determined the paternity of the person, the name of the person who has been |
22 | adjudicated as being the father shall be inserted on the birth certificate. |
23 | (b) When a new certificate of birth is established, the actual place and date of birth shall be |
24 | shown. It shall be substituted for the original certificate of birth. |
25 | (1) Thereafter, the original certificate and the evidence of adoption, paternity, or |
26 | legitimation shall not be subject to inspection except as allowed by this chapter in the case of |
27 | adoption by the adult adoptee, or upon order of a court of competent jurisdiction or as provided by |
28 | regulation. |
29 | (2) Upon receipt of a notice of annulment of adoption, the original certificate of birth shall |
30 | be restored to its place in the files and the new certificate and evidence shall not be subject to |
31 | inspection except upon order of a court of competent jurisdiction. |
32 | (3) Upon receipt from a passive voluntary adoption mutual consent registry of a certificate |
33 | provided for in § 15-7.2-12(b), the adult adoptee named in the certificate, and only that person, |
34 | shall be entitled to receive non-certified copies of his or her original birth certificate. |
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1 | (c) If no certificate of birth is on file for the person for whom a new certificate is to be |
2 | established under this section, a delayed certificate of birth shall be filed with the state registrar of |
3 | vital records as provided in § 23-3-12 or 23-3-13, before a new certificate of birth is established, |
4 | except that when the date and place of birth and parentage have been established in accordance |
5 | with this chapter in the adoption proceedings, a delayed certificate shall not be required. |
6 | (d) When a new certificate of birth is established by the state registrar of vital records, all |
7 | copies of the original certificate of birth in the custody of any custodian of permanent local records |
8 | in this state shall be sealed from inspection or forwarded to the state registrar of vital records, as he |
9 | or she shall direct. |
10 | (e)(1) The state registrar shall, upon request, prepare and register a certificate in this state |
11 | for a person born in a foreign country who is not a citizen of the United States and who was adopted |
12 | through a court of competent jurisdiction in this state. The certificate shall be established upon |
13 | receipt of a report of adoption from the court decreeing the adoption, proof of the date and place of |
14 | the child's birth, and a request from the court, the adopting parents, or the adopted person if eighteen |
15 | (18) years of age or over that a certificate be prepared. The certificate shall be labeled "certificate |
16 | of foreign birth" and shall show the actual country of birth. After registration of the birth certificate |
17 | in the new name of the adopted person, the state registrar shall seal and file the report of adoption |
18 | which shall not be subject to inspection except upon order of a court of competent jurisdiction or |
19 | as provided by regulation. |
20 | (2) If the child was born in a foreign country but was a citizen of the United States at the |
21 | time of birth, the state registrar shall not prepare a "certificate of foreign birth" and shall notify the |
22 | adoptive parents of the procedures for obtaining a revised birth certificate for their child through |
23 | the U.S. department of state. |
24 | (f) When a new certificate of birth is established following an adoption or legitimation in |
25 | this state, and when no record of the original birth is on file at the city or town of occurrence, the |
26 | state registrar of vital records shall cause a copy to be filed with the registrar of births in the city or |
27 | town where the child was born and the city or town of residence of the parents indicated on the new |
28 | certificate, if that residence is within the state. |
29 | (g)(1) The division shall establish, maintain and operate the adoptee vital records file. |
30 | Beginning July 1, 2012, upon written application by an adult adoptee who was born in the State of |
31 | Rhode Island the division shall issue to such applicant a non-certified copy of the unaltered, original |
32 | certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those |
33 | imposed upon non-adopted citizens of the state. |
34 | (2) The division shall prescribe and, upon request, shall make available to each birth parent |
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1 | of an adoptee named on the original birth certificate, a contact preference form on which the birth |
2 | parent may state a preference regarding contact by an adoptee who is the birth child of the birth |
3 | parent. The contact preference form shall be returned to the division. Upon such a request, the |
4 | division shall also provide the birth parent with an updated medical history form, which may be |
5 | completed and returned to the Passive Voluntary Adoption Mutual Consent Registry. The contact |
6 | preference form shall provide the birth parent with the following options from which the birth |
7 | parent shall select one: |
8 | "(a) I would like to be contacted. |
9 | (b) I would prefer to be contacted only through an intermediary. |
10 | (c) I would prefer not to be contacted at this time." |
11 | (3) When the division receives a completed contact preference form from a birth parent, |
12 | the division shall place the form on file and create an index of all contact preference forms filed. |
13 | When the vital records office receives a request for an original birth certificate they will then open |
14 | the adoptee's sealed file and check the file for the names of the birth parent(s). These names will |
15 | then be cross referenced with the birth parent(s) names listed on the contact preference form index. |
16 | If there is a match, the vital records office will provide the adoptee a copy of the contact preference |
17 | form. The division shall inform the adoptee of his or her right to contact the Passive Voluntary |
18 | Adoption Mutual Consent Registry to see if an updated medical history form has been filed by his |
19 | or her birth parent. |
20 | (4) Beginning September 1, 2011, the division shall make reasonable efforts to inform the |
21 | public of the existence of the adoptee vital records file; the ability of adult adoptees born in the |
22 | State of Rhode Island to access non-certified copies of their birth certificates subject to the |
23 | provisions of this chapter; and the ability of the birth parent(s) of adoptees to file a contact |
24 | preference form with the division of vital records. |
25 | (h) The division shall maintain the following statistics, which shall be made available to |
26 | the general public on a quarterly basis or more frequently if possible: |
27 | (1) Number of original birth certificates released since the effective date of this bill; |
28 | (2) Number of contact preference forms filed; and |
29 | (3) Number of birth parent(s) who indicated on the contact preference form that they would |
30 | like to be contacted, would like to be contacted but only through an intermediary, or do not want |
31 | to be contacted. |
32 | SECTION 3. This act shall take effect upon passage. |
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LC000753/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN | |
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1 | This act would reduce from age twenty-five (25) to eighteen (18) as the age which a person |
2 | who is adopted in the state of Rhode Island would have unrestricted access to their original birth |
3 | certificates. |
4 | This act would take effect upon passage. |
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LC000753/SUB A | |
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