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House approves measure to expand adoptee access to birth records, with opt-out preserved

Utah House of Representatives · March 3, 2014
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Summary

The House passed Second Substitute House Bill 256 to strengthen Utah’s mutual-consent adoption registry and provide increased access to birth certificates and medical records when birth parents permit it; the measure passed 56–16 after floor amendments clarifying scope and preservation of a mother’s choice.

The Utah House passed Second Substitute House Bill 256 on March 3, a measure aimed at expanding access to adoption records while preserving a birth parent’s ability to keep records closed.

Representative Sandra Nielsen, sponsor of the bill, moved several amendments on the floor to ensure the bill would not conflict with the existing legal safe-haven provision that allows a mother to drop off an infant no-questions-asked and to clarify that the term “party to the adoption” includes the adoptee. Nielsen said the measure strengthens the mutual-consent registry, provides for publicity to increase the registry’s effectiveness, and would allow adult adoptees to obtain original birth certificates and medical records if the birth parent permits the release.

Supporters said the bill strikes a balance between openness and privacy and increases opportunities for medical information and reunions; opponents warned that the bill reverses a long-standing presumption of confidentiality and urged care to ensure that opening records remains voluntary and mutual.

Key points: the bill increases access to birth certificates and medical records where permitted by the birth parent, strengthens mutual-consent registry mechanisms, and includes funding for automation and publicity of the registry. The sponsor said the bill allows birth parents to close records at any time and provides mechanisms for them to do so.

Vote and next steps: Second Substitute House Bill 256 passed the House 56 yes to 16 no and will be transmitted to the Senate for consideration.