2021 - 2022 LEGISLATURE
August 5, 2021 - Introduced by Senators Jacque and Darling, cosponsored by
Representatives Tittl, Armstrong, Cabral-Guevara, Gundrum, James,
Knodl, Murphy, Mursau, Rozar, Skowronski, Tusler, Wichgers and
Thiesfeldt. Referred to Committee on Human Services, Children and
Families.
SB483,1,5
1An 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
3amend 48.433 (2), 48.433 (8) (a) and 69.22 (1) (b); and
to create 69.14 (3) (c)
43., 69.15 (6) (b) 4. and 69.21 (2) (bm) of the statutes;
relating to: access to an
5original impounded birth record.
Analysis by the Legislative Reference Bureau
This bill expands access to original impounded birth records, allowing an
adoptee and any other person whose original birth record has been impounded to
obtain access and an uncertified copy of his or her original record upon request once
the person 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 a birth parent who has not
filed an affidavit is known to be deceased, DCF may not provide the identity of that
birth parent but may provide the identity and location of the other birth parent if the
other birth parent has filed an unrevoked affidavit and if one year has elapsed since
the death of the deceased birth parent.
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.
Also under current law, a person who assumes custody of an infant of unknown
parentage must file a birth record (foundling birth record) for the infant containing
certain information about the infant. If the infant is later adopted and the adoptive
parents sign a birth record giving their names as the adoptive parents, the state
registrar must impound the foundling birth record and generally may not provide
access to it. Current law also provides that if a person is born to a surrogate, the
surrogate's name is entered on the original birth certificate and, if a court
subsequently determines parental rights, the state registrar must then prepare and
register a new birth record and impound the original.
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:
SB483,1
1Section
1. 48.433 (2) of the statutes is amended to read:
SB483,3,62
48.433
(2) Any birth parent whose rights have been terminated in this state
3at any time, or who has consented to the adoption of his or her child in this state
1before February 1, 1982, may file with the department, or agency contracted with
2under sub. (11), an affidavit authorizing the department or agency to provide the
3child
with his or her original birth certificate and with any
other available
4information about the birth parent's identity and location. An affidavit filed under
5this subsection may be revoked at any time by notifying the department or agency
6in writing.
SB483,2
7Section
2. 48.433 (3) (intro.) and (b) of the statutes are consolidated,
8renumbered 48.433 (3) and amended to read:
SB483,3,149
48.433
(3) Any person 18 years of age or over whose birth parent's rights have
10been terminated in this state or who has been adopted in this state with the consent
11of his or her birth parent or parents before February 1, 1982, may request the
12department, or agency contracted with under sub. (11), to provide the person with
13the following: (b) Any any available information regarding the identity and location
14of his or her birth parents.
SB483,3
15Section
3. 48.433 (3) (a) of the statutes is repealed.
SB483,4
16Section
4. 48.433 (8) (a) of the statutes is amended to read:
SB483,3,2517
48.433
(8) (a) If a birth parent is known to be deceased, the department, or
18agency contracted with under sub. (11), shall so inform the requester. The
19department or agency shall provide the requester with the identity of the deceased
20parent.
If both birth parents are known to be deceased, the department or agency
21shall provide the requester with his or her original birth certificate. If only one birth
22parent is known to be deceased, the department or agency shall provide the requester
23with
his or her original birth certificate and any available information it has on file
24regarding the identity and location of the other birth parent if the other birth parent
25has filed an unrevoked affidavit under sub. (2).
SB483,5
1Section
5. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and
2amended to read:
SB483,4,83
69.14
(3) (c) (intro.) If at any time after a birth record is filed for a registrant
4under this subsection a birth record filed for the registrant at the time of birth of the
5registrant is found or the registrant is adopted and the adoptive parents sign a birth
6record giving their names as the adoptive parents, the state registrar shall impound
7the birth record filed under this subsection and prohibit access
thereto, except
by 8under any of the following circumstances:
SB483,4,9
91. In response to a court order
or except by.
SB483,4,10
102. To the state registrar for processing purposes.
SB483,6
11Section
6. 69.14 (3) (c) 3. of the statutes is created to read:
SB483,4,1312
69.14
(3) (c) 3. Providing an unaltered uncertified copy of the record to the
13registrant in accordance with s. 69.21 (2) (bm).
SB483,7
14Section
7. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and
15amended to read:
SB483,4,2016
69.15
(6) (b) (intro.) The state registrar shall register a new record created
17under this section and shall impound the original record or the record registered
18under sub. (5) and all correspondence, affidavits, court orders and other related
19materials and prohibit access
thereto, except
by under any of the following
20circumstances:
SB483,4,21
211. In response to a court order
or except by.
SB483,4,22
222. To the state registrar for processing purposes
or except when.
SB483,4,23
233. A disclosure authorized under
ss. s. 48.432
and 48.433.
SB483,5,3
1(bm) The state registrar shall send notice of any new record registered under
2this section to the local registrar who filed the original record. Upon notification, the
3local registrar shall destroy his or her copy of the original record.
SB483,8
4Section
8. 69.15 (6) (b) 4. of the statutes is created to read:
SB483,5,65
69.15
(6) (b) 4. Providing an uncertified copy of the record to the registrant in
6accordance with s. 69.21 (2) (bm).
SB483,9
7Section
9. 69.21 (2) (bm) of the statutes is created to read:
SB483,5,138
69.21
(2) (bm) 1. If a registrant is 18 years of age or older and is the subject of
9a birth record that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b), the state
10registrar shall, upon request by the registrant, provide the registrant with
11unrestricted access to the registrant's unaltered birth record impounded under s.
1269.14 (3) (c) or 69.15 (6) (b) and issue to the registrant an uncertified copy of the
13registrant's unaltered birth record impounded under s. 69.14 (3) (c) or 69.15 (6) (b).
SB483,5,1614
2. When issuing an uncertified copy of a birth record to a registrant under subd.
151., the state registrar shall inform the registrant of the provisions of ss. 48.432 and
1648.433.
SB483,10
17Section
10. 69.22 (1) (b) of the statutes is amended to read:
SB483,5,2118
69.22
(1) (b) Except as provided under par. (c), $20 for issuing an uncertified
19copy of a vital record issued under s. 69.21 (2) (a)
or
, (b),
or (bm), $7 for verifying
20information about the event submitted by a requester without issuance of a copy, and
21$3 for any additional copy of the same vital record issued at the same time.
SB483,11
22Section
11.
Initial applicability.
SB483,6,223
(1) The treatment of ss. 69.21 (2) (bm) and 69.22 (1) (b), the renumbering and
24amendment of ss. 69.14 (3) (c) and 69.15 (6) (b), and the creation of ss. 69.14 (3) (c)
13. and 69.15 (6) (b) 4. first apply to a request made for an uncertified copy of a birth
2record on the effective date of this subsection.