Back to CO Adoptee Activism
First Regular Session
Sixty-second General Assembly
LLS NO. 99-0408.01 Jennifer Gilroy HOUSE BILL 99-1188
STATE OF COLORADO
BY REPRESENTATIVE Coleman;
also SENATOR Linkhart.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING PROCEDURES RELATED TO ADOPTION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Makes adoption records for adoptions that are finalized on or after
July 1, 2001, accessible by certain parties to the adoption or the adopted
child. Defines certain terms, including "adoption record" and
"post-adoption record". Authorizes confidential intermediaries to inspect
post-adoption records.
For adoptions finalized prior to July 1, 2001, specifies that all
adoption records shall remain confidential and the names of the parties
and the child shall remain anonymous. Allows access only through the
appointment of a confidential intermediary. Specifies the procedures to
be followed by a confidential intermediary in such cases.
For adoptions finalized on or after July 1, 2001, provides that all
adoption records shall be available and open to inspection by an adult
adoptee, an adoptee's adult birth parent, an adult adoptive parent, an
adoptee's adult sibling or half-sibling, or the adult descendant of an
adoptee or an adoptive parent.
Provides for access to adoption records when the person about
whom information is sought has died.
Directs a child placement agency to accept a consent form from an
adult adoptee or from either adult birth parent or from an adult adoptive
parent permitting the release of identifying information concerning the
person submitting the form. Permits the child placement agency to
release identifying information about the person associated with an
adoption, if the child placement agency is in possession of a consent form
from the party about whom information is sought. Authorizes the child
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
placement agency to charge a reasonable fee for such service if a written
fee agreement has been signed by the agency and the party submitting the
consent form.
Directs a court to order that the record of an adoption proceeding
be opened if the court finds, for good cause shown, that the best interests
of the adoptee or of the public requires such disclosure and that the
petitioning party has demonstrated that the information is needed for
medical purposes. When there is a medical emergency and the court
finds that good cause has been shown, requires the adoption records to be
released to the petitioning party. Authorizes such party to seek the
immediate appointment of a confidential intermediary and directs the
confidential intermediary to make every effort to expedite his or her
search efforts.
Directs the department of human services and department of public
health and environment to work together to design and implement efforts
to inform the public about the existence and availability of the
confidential intermediary process, the voluntary adoption registry, and
about the change in law related to access to adoption information.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 19-1-103 (28), Colorado Revised Statutes, is
3 amended, and the said 19-1-103 is further amended BY THE ADDITION
4 OF THE FOLLOWING NEW SUBSECTIONS, to read:
5 19-1-103. Definitions. As used in this title or in the specified
6 portion of this title, unless the context otherwise requires:
7 (6.5) (a) "ADOPTION RECORD", AS USED IN PART 3 OF ARTICLE 5 OF
8 THIS TITLE, MEANS THE FOLLOWING DOCUMENTS AND INFORMATION:
9 (I) THE ADOPTEE'S ORIGINAL BIRTH CERTIFICATE AND AMENDED
10 BIRTH CERTIFICATE;
11 (II) THE FINAL DECREE OF ADOPTION;
12 (III) NONIDENTIFYING INFORMATION, AS DEFINED IN SECTION
13 19-1-103 (80);
Page 3
1 (IV) THE FINAL ORDER OF RELINQUISHMENT;
2 (V) THE ORDER OF TERMINATION OF PARENTAL RIGHTS; AND
3 (VI) THE NEW LEGAL NAME OF THE ADOPTEE.
4 (b) "ADOPTION RECORD" SHALL NOT INCLUDE
5 PRE-RELINQUISHMENT COUNSELING RECORDS, WHICH RECORDS SHALL
6 REMAIN CONFIDENTIAL.
7 (28) "Consent", as used in part 3 of article 5 of this title, means
8 voluntary, informed, written consent. WHEN USED IN THE CONTEXT OF
9 CONFIDENTIAL INTERMEDIARIES, "consent" always shall be preceded by
10 an explanation that consent permits the confidential intermediary to
11 arrange a personal contact among biological relatives. "CONSENT" MAY
12 ALSO MEAN THE AGREEMENT FOR CONTACT OR DISCLOSURE OF RECORDS
13 BY A PARTY TO AN ADOPTION OR THE ADOPTEE AS A RESULT OF AN INQUIRY
14 BY A CONFIDENTIAL INTERMEDIARY PURSUANT TO SECTION 19-5-304.
15 (28.5) "CONSENT FORM", AS USED IN SECTION 19-5-305 (3), MEANS
16 A VERIFIED WRITTEN STATEMENT SIGNED BY AN ADULT ADOPTEE OR AN
17 ADULT BIRTH PARENT THAT HAS BEEN NOTARIZED AND THAT AUTHORIZES
18 THE RELEASE OF ADOPTION RECORDS OR IDENTIFYING INFORMATION, TO
19 THE EXTENT AVAILABLE, BY A LICENSED CHILD PLACEMENT AGENCY.
20 (63.5) "IDENTIFYING INFORMATION", AS USED IN SECTION 19-5-305
21 (3), MEANS COPIES OF ANY ADOPTION RECORDS, AS THAT TERM IS DEFINED
22 IN SUBSECTION (6.5) OF THIS SECTION, THAT ARE IN THE POSSESSION OF THE
23 CHILD PLACEMENT AGENCY. "IDENTIFYING INFORMATION" ALSO INCLUDES
24 THE NAME OF THE ADOPTEE BEFORE PLACEMENT IN ADOPTION, THE NAME
25 AND ADDRESS OF EACH BIRTH PARENT AS THEY APPEAR IN THE BIRTH
26 RECORDS, THE CURRENT NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
Page 4
1 ADULT ADOPTEE, AND THE CURRENT NAME, ADDRESS, AND TELEPHONE
2 NUMBER OF EACH BIRTH PARENT TO THE EXTENT SUCH INFORMATION IS
3 AVAILABLE TO THE CHILD PLACEMENT AGENCY.
4 (85.5) (a) "POST-ADOPTION RECORD", AS USED IN PART 3 OF
5 ARTICLE 5 OF THIS TITLE, MEANS THE RECORD MAINTAINED SEPARATE AND
6 APART FROM THE ADOPTION RECORD BY A LICENSED CHILD PLACEMENT
7 AGENCY AND WHICH RECORD CONTAINS INFORMATION ABOUT THE
8 ADOPTEE OR THE LEGAL OR BIOLOGICAL RELATIVE OF THE ADOPTEE
9 SUBSEQUENT TO THE COMPLETION OF AN ADOPTION PROCEEDING.
10 (b) THE POST-ADOPTION RECORD MAY CONTAIN INFORMATION
11 CONCERNING, BUT NOT LIMITED TO:
12 (I) THE WRITTEN INQUIRIES FROM PERSONS REQUESTING ACCESS TO
13 RECORDS;
14 (II) THE SEARCH EFFORTS OF THE CONFIDENTIAL INTERMEDIARY;
15 (III) THE RESPONSE, IF ANY, TO THOSE SEARCH EFFORTS BY THE
16 PERSONS SOUGHT;
17 (IV) ANY UPDATED MEDICAL INFORMATION GATHERED PURSUANT
18 TO PART 3 OF ARTICLE 5 OF THIS TITLE; AND
19 (V) ANY PERSONAL IDENTIFYING INFORMATION CONCERNING ANY
20 PERSONS SUBJECT TO THE PROVISIONS OF PART 3 OF ARTICLE 5 OF THIS
21 TITLE.
22 SECTION 2. 19-1-309, Colorado Revised Statutes, is amended
23 to read:
24 19-1-309. Relinquishments and adoption information. Except
25 as provided in parts 3 and 4 of article 5 of this title and section 19-1-303,
26 all records and proceedings in relinquishment or adoption shall be
Page 5
1 confidential and open to inspection only upon order of the court for good
2 cause shown. The court shall act to preserve the anonymity of the
3 biological parents, the adoptive parents, and the child, except to the extent
4 disclosure is made pursuant to a designated adoption or pursuant to
5 section 19-5-104 (2) or part 3 or 4 of article 4 ARTICLE 5 of this title. A
6 separate docket shall be maintained for relinquishment proceedings and
7 for adoption proceedings.
8 SECTION 3. 19-5-304 (1) (b) (I), (3), and (4) (c), Colorado
9 Revised Statutes, are amended to read:
10 19-5-304. Confidential intermediaries - confidential
11 intermediary services. (1) (b) Once a person is included on such list,
12 he or she shall be:
13 (I) Authorized to inspect confidential relinquishment and adoption
14 records AND POST-ADOPTION RECORDS upon motion to the court by an
15 adult adoptee, adoptive parent, biological parent, biological sibling, or
16 half-sibling;
17 (3) Any information obtained by the confidential intermediary
18 during the course of his OR HER investigation shall be kept strictly
19 confidential and shall be utilized only for the purpose of arranging a
20 contact between the individual who initiated the search and the
21 sought-after biological relative.
22 (4) (c) If consent for personal communication is not obtained from
23 both parties, all relinquishment and adoption records and any information
24 obtained by any confidential intermediary during the course of his OR HER
25 investigation shall be returned to the court and shall remain confidential.
26 SECTION 4. Part 3 of article 5 of title 19, Colorado Revised
Page 6
1 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW
2 SECTIONS to read:
3 19-5-305. Access to adoption records - contact. (1) Legislative
4 declaration. THE GENERAL ASSEMBLY FINDS THAT ON MAY 20, 1949, THE
5 GENERAL ASSEMBLY AMENDED COLORADO LAW TO PROVIDE THAT ALL
6 ADOPTION RECORDS IN EXISTENCE ON THAT DATE AND THOSE RECORDS
7 THAT CAME INTO EXISTENCE AFTER THAT DATE WERE TO BE SEALED AND
8 THEREBY MAINTAINED CONFIDENTIAL FROM THE PUBLIC. THEREAFTER, IN
9 1967, THE GENERAL ASSEMBLY ACTED TO PRESERVE THE ANONYMITY OF
10 THE BIRTH PARENTS, THE CHILD, AND THE ADOPTIVE PARENTS IN ADOPTION
11 ACTIONS. HOWEVER, AS A RESULT OF THESE CHANGES, MANY ADOPTEES
12 HAVE BEEN UNABLE TO MAKE INFORMED MEDICAL DECISIONS, DETERMINE
13 GENETIC CONSEQUENCES OF CERTAIN MEDICAL AND REPRODUCTIVE
14 DECISIONS, AND ENJOY THE BENEFITS RELATING TO KNOWLEDGE ABOUT
15 ONE'S FAMILY HISTORY. ACCORDINGLY, THE GENERAL ASSEMBLY HEREBY
16 DETERMINES THAT IT IS APPROPRIATE TO ALLOW ACCESS TO CERTAIN
17 ADOPTION INFORMATION BY THE PARTIES TO THE ADOPTION PROCEEDING
18 AND THE ADOPTEE, BUT NOT BY THE PUBLIC AT LARGE.
19 (2) Determination of accessibility of records and contact. THE
20 ACCESSIBILITY OF ADOPTION RECORDS AND THE ABILITY OF A PARTY TO
21 THE ADOPTION PROCEEDING OR THE ADOPTEE TO CONTACT THE ADOPTEE
22 OR ANOTHER PARTY SHALL BE GOVERNED BY THE FOLLOWING PROVISIONS
23 BASED UPON THE DATE ON WHICH THE ADOPTION WAS FINALIZED:
24 (a) Adoptions finalized prior to July 1, 2001. (I) EXCEPT TO
25 THE EXTENT DISCLOSURE IS MADE IN DESIGNATED ADOPTIONS AND EXCEPT
26 AS PROVIDED IN SECTION 19-5-306, ALL ADOPTION RECORDS RELATING TO
Page 7
1 ADOPTIONS FINALIZED PRIOR TO JULY 1, 2001, SHALL REMAIN
2 CONFIDENTIAL AND THE NAMES OF THE PARTIES THERETO AND THE NAME
3 OF THE ADOPTEE SHALL REMAIN ANONYMOUS. SUCH RECORDS SHALL BE
4 ACCESSIBLE BY AN ADULT ADOPTEE, AN ADULT BIRTH PARENT, AN ADULT
5 ADOPTIVE PARENT, AN ADULT SIBLING OR HALF-SIBLING OF AN ADOPTEE,
6 OR AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT
7 ONLY THROUGH THE APPOINTMENT OF A CONFIDENTIAL INTERMEDIARY
8 PURSUANT TO SECTION 19-5-304 WHO SUCCESSFULLY OBTAINS CONSENT
9 FROM THE PERSON SOUGHT TO RELEASE SUCH ADOPTION RECORDS.
10 (II) THE COURT-APPOINTED CONFIDENTIAL INTERMEDIARY SHALL
11 MAKE A DILIGENT SEARCH OF THE ADOPTION RECORDS AND
12 POST-ADOPTION RECORDS IN AN EFFORT TO FIND THE SOUGHT-AFTER
13 PERSON. IF THE CONFIDENTIAL INTERMEDIARY SUCCESSFULLY LOCATES
14 THE PERSON SOUGHT, THE CONFIDENTIAL INTERMEDIARY SHALL PROVIDE
15 THAT PERSON WITH THE OPPORTUNITY TO:
16 (A) CONSENT TO OR TO REFUSE TO ALLOW CONTACT BY THE
17 PERSON SEEKING CONTACT; AND
18 (B) CONSENT TO OR REFUSE TO ALLOW DISCLOSURE OF THE
19 ADOPTION RECORDS TO THE PERSON SEEKING SUCH ACCESS.
20 (III) IF, AFTER DILIGENT SEARCH, THE CONFIDENTIAL
21 INTERMEDIARY IS UNABLE TO LOCATE THE PERSON SOUGHT, THE
22 CONFIDENTIAL INTERMEDIARY SHALL SO ADVISE THE COURT AND THE
23 PERSON SEEKING CONTACT OR ACCESS TO RECORDS. THE ADOPTION
24 RECORDS SHALL REMAIN CONFIDENTIAL AND THE NAMES OF THE PARTIES
25 THERETO AND THE NAME OF THE ADOPTEE SHALL REMAIN ANONYMOUS.
26 (b) Adoptions finalized on or after July 1, 2001. (I) ALL
Page 8
1 ADOPTION RECORDS RELATING TO ADOPTIONS FINALIZED ON OR AFTER
2 JULY 1, 2001, SHALL BE OPEN TO INSPECTION AND AVAILABLE FOR
3 COPYING BY AN ADULT ADOPTEE, AN ADOPTEE'S ADULT BIRTH PARENT, AN
4 ADULT ADOPTIVE PARENT, AN ADOPTEE'S ADULT SIBLING OR HALF-SIBLING,
5 OR AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT.
6 NO OTHER PERSON OR ENTITY SHALL HAVE ACCESS TO SUCH RECORDS
7 EXCEPT AS OTHERWISE PROVIDED BY LAW.
8 (II) FOR ADOPTIONS FINALIZED ON OR AFTER JULY 1, 2001,
9 CONTACT BY AN ADULT ADOPTEE, AN ADULT BIRTH PARENT, AN ADULT
10 ADOPTIVE PARENT, AN ADULT SIBLING OR HALF-SIBLING OF AN ADOPTEE,
11 OR AN ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT
12 WITH ANY SUCH PARTY MAY BE ATTEMPTED AT ANY TIME DIRECTLY OR
13 THROUGH ANOTHER PERSON OR AGENCY INCLUDING, BUT NOT LIMITED TO,
14 A CONFIDENTIAL INTERMEDIARY APPOINTED PURSUANT TO SECTION
15 19-5-304.
16 (c) NOTWITHSTANDING PARAGRAPHS (a) AND (b) OF THIS
17 SUBSECTION (2), IF IT IS DETERMINED THAT THE PERSON ABOUT WHOM
18 INFORMATION IS SOUGHT IS DECEASED, THEN THE PERSON SEEKING THE
19 INFORMATION, WHETHER HE OR SHE IS THE ADULT ADOPTEE, ADOPTEE'S
20 ADULT BIRTH PARENT, ADULT ADOPTIVE PARENT, ADOPTEE'S ADULT
21 SIBLING OR HALF-SIBLING, OR ADULT DESCENDANT OF THE ADOPTEE OR
22 THE ADOPTIVE PARENT, SHALL BE ALLOWED ACCESS TO THE ADOPTION
23 RECORDS.
24 (3) Access to identifying information through child placement
25 agencies. (a) UPON PROOF OF IDENTITY OF THE PERSON SUBMITTING THE
26 CONSENT FORM, A LICENSED CHILD PLACEMENT AGENCY SHALL ACCEPT A
Page 9
1 CONSENT FORM, AS THAT TERM IS DEFINED IN SECTION 19-1-103 (28.5),
2 FROM AN ADULT ADOPTEE OR FROM EITHER ADULT BIRTH PARENT OR FROM
3 AN ADULT ADOPTIVE PARENT AUTHORIZING THE RELEASE OF IDENTIFYING
4 INFORMATION, AS THAT TERM IS DEFINED IN SECTION 19-1-103 (63.5),
5 CONCERNING THE PERSON SUBMITTING THE CONSENT FORM, TO THE
6 EXTENT SUCH INFORMATION IS AVAILABLE TO THE CHILD PLACEMENT
7 AGENCY.
8 (b) (I) UPON INQUIRY BY AN ADULT ADOPTEE OR AN ADULT BIRTH
9 PARENT OR AN ADULT ADOPTIVE PARENT SEEKING INFORMATION ABOUT
10 ANOTHER PARTY FROM A LICENSED CHILD PLACEMENT AGENCY, THE CHILD
11 PLACEMENT AGENCY SHALL BE AUTHORIZED TO RELEASE IDENTIFYING
12 INFORMATION TO THE INQUIRING PERSON, UPON PROOF OF IDENTITY BY THE
13 INQUIRING PERSON, IF THE LICENSED CHILD PLACEMENT AGENCY IS IN
14 POSSESSION OF A CONSENT FORM FROM THE PARTY ABOUT WHOM
15 INFORMATION IS SOUGHT AUTHORIZING SUCH RELEASE.
16 (II) IN THOSE CIRCUMSTANCES IN WHICH A CHILD PLACEMENT
17 AGENCY HAS RELEASED IDENTIFYING INFORMATION PURSUANT TO
18 PARAGRAPH (a) OF THIS SUBSECTION (3), THE CHILD PLACEMENT AGENCY
19 MAY ATTEMPT TO LOCATE THE PERSON WHO HAD ORIGINALLY SUBMITTED
20 THE CONSENT FORM AND, UPON LOCATING SUCH PERSON, ADVISE HIM OR
21 HER OF THE RELEASE. IF THE INQUIRING PERSON ALSO SUBMITTED A
22 CONSENT FORM AUTHORIZING THE RELEASE OF IDENTIFYING INFORMATION
23 ABOUT HIM OR HER, THE CHILD PLACEMENT AGENCY MAY PROVIDE SUCH
24 IDENTIFYING INFORMATION TO THE PERSON LOCATED.
25 (c) A LICENSED CHILD PLACEMENT AGENCY THAT ACCEPTS A
26 CONSENT FORM MAY CHARGE A REASONABLE FEE TO COVER THE DIRECT
Page 10
1 AND INDIRECT COSTS ASSOCIATED WITH THE SERVICES PROVIDED
2 PURSUANT TO THIS SUBSECTION (3), NOT TO EXCEED FIFTY DOLLARS, IF A
3 WRITTEN FEE AGREEMENT HAS BEEN SIGNED BY THE AGENCY AND THE
4 PARTY SUBMITTING THE CONSENT FORM PRIOR TO THE PROVISION OF ANY
5 SERVICE. INFORMATION IN THE POST-ADOPTION RECORD IS CONFIDENTIAL
6 AND SHALL NOT BE DISCLOSED BY THE DEPARTMENT OF HUMAN SERVICES,
7 A LICENSED CHILD PLACEMENT AGENCY, A LICENSED CLINICAL SOCIAL
8 WORKER, OR A COURT EXCEPT AS SPECIFICALLY PERMITTED IN THIS PART
9 3, OR AS MAY BE DEEMED NECESSARY BY THE DEPARTMENT OF HUMAN
10 SERVICES IN PERFORMING ITS DUTIES UNDER THIS PART 3.
11 19-5-306. Access to medical information. (1) UPON THE FILING
12 OF A VERIFIED PETITION FILED WITH THE COURT OF ORIGINAL JURISDICTION
13 IN THE ADOPTION PROCEEDING OR IN THE DISTRICT COURT OF THE COUNTY
14 OR CITY AND COUNTY IN WHICH THE PETITIONING PARTY RESIDES, THE
15 COURT SHALL ORDER THAT THE RECORD OF THE ADOPTION PROCEEDING,
16 THE ADOPTION RECORD, OR THE POST-ADOPTION RECORD BE OPENED,
17 SUBJECT TO ANY CONDITIONS THE COURT DETERMINES NECESSARY, IF THE
18 COURT FINDS, FOR GOOD CAUSE SHOWN, THAT THE BEST INTERESTS OF THE
19 ADOPTEE OR OF THE PUBLIC REQUIRES SUCH DISCLOSURE, AND THAT THE
20 PETITIONING PARTY HAS DEMONSTRATED THAT THE INFORMATION IS
21 NEEDED FOR THE MEDICAL PURPOSES OF TREATING OR PREVENTING A
22 MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITION AFFECTING ANY
23 PERSON THAT IS CLEARLY AND SPECIFICALLY DESCRIBED BY TESTIMONY OR
24 AFFIDAVIT OF A QUALIFIED HEALTH CARE PROFESSIONAL.
25 (2) (a) IN THOSE CIRCUMSTANCES IN WHICH A MEDICAL
26 EMERGENCY EXISTS AND THE COURT FINDS GOOD CAUSE SHOWN, THE
Page 11
1 ADOPTION RECORDS SHALL BE RELEASED TO THE PETITIONER WHO MAY
2 SEEK THE IMMEDIATE APPOINTMENT OF A CONFIDENTIAL INTERMEDIARY.
3 IN THE APPOINTMENT OF A CONFIDENTIAL INTERMEDIARY, THE COURT
4 SHALL MAKE EVERY EFFORT TO EXPEDITE SUCH APPOINTMENT. THE
5 CONFIDENTIAL INTERMEDIARY SHALL MAKE EVERY EFFORT TO EXPEDITE
6 HIS OR HER SEARCH EFFORTS.
7 (b) FOR PURPOSES OF THIS SUBSECTION (2), "PETITIONER" MEANS
8 AN ADULT ADOPTEE, AN ADULT BIRTH PARENT, AN ADULT ADOPTIVE
9 PARENT, AN ADULT SIBLING OR HALF-SIBLING OF AN ADOPTEE, OR AN
10 ADULT DESCENDANT OF THE ADOPTEE OR THE ADOPTIVE PARENT.
11 19-5-307. Public information campaign. THE EXECUTIVE
12 DIRECTORS OF THE DEPARTMENT OF HUMAN SERVICES AND THE
13 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR SUCH EXECUTIVE
14 DIRECTORS' DESIGNEES, SHALL WORK TOGETHER TO DESIGN AND
15 IMPLEMENT EFFORTS WITHIN EXISTING APPROPRIATIONS TO ASSIST IN
16 INFORMING THE PUBLIC ABOUT THE EXISTENCE AND AVAILABILITY OF THE
17 CONFIDENTIAL INTERMEDIARY PROCESS ESTABLISHED IN THIS PART 3 AND
18 THE VOLUNTARY ADOPTION REGISTRY ESTABLISHED PURSUANT TO SECTION
19 25-2-113.5, C.R.S., AND TO INFORM THE PUBLIC ABOUT THE CHANGE IN
20 THE AVAILABILITY OF ADOPTION RECORDS AND OTHER RECORDS RELATED
21 TO THE ADOPTION PROCESS AS SET FORTH IN SECTIONS 19-5-305 AND
22 19-5-306. SUCH EFFORTS SHALL BE IMPLEMENTED WITHIN EXISTING
23 APPROPRIATIONS ON OR BEFORE SEPTEMBER 1, 1999, BY DISSEMINATING
24 INFORMATION TO THE PUBLIC THROUGH CHILD PLACEMENT AGENCIES AND
25 THROUGH THE USE OF PUBLIC SERVICE ANNOUNCEMENTS AND SUCH OTHER
26 ADDITIONAL MEANS OF COMMUNICATION AS THE EXECUTIVE DIRECTORS OR
Page 12
1 THEIR DESIGNEES DETERMINE APPROPRIATE.
2 SECTION 5. 25-2-113 (1) (b), (3), and (6), Colorado Revised
3 Statutes, are amended to read:
4 25-2-113. New certificates of birth following adoption -
5 legitimation - parentage determination. (1) (b) A new certificate of
6 birth shall be prepared by the state registrar as to any adopted person born
7 in a foreign country and a resident of this state whenever he THE STATE
8 REGISTRAR receives with respect to such person a certified copy of the
9 final decree of adoption as required by section 19-5-212, C.R.S., and
10 section 25-2-107 and findings of fact as required by this section. In
11 proceedings for the adoption of a person who was born in a foreign
12 country, the juvenile court having jurisdiction of adoptions, upon
13 evidence from reliable sources, shall make findings of fact as to the date
14 and place of birth and parentage of such person. The state registrar shall
15 prepare a new birth certificate in the new name of the adopted person and
16 shall seal the certified copy of the findings of the court and the certified
17 copy of the final decree of adoption WHICH SHALL BE KEPT CONFIDENTIAL
18 EXCEPT AS OTHERWISE PROVIDED IN PART 3 OF ARTICLE 5 OF TITLE 19,
19 C.R.S. The birth certificate shall be labeled as a certificate of foreign
20 birth and shall show specifically the true or probable country of birth and
21 that the certificate is not evidence of United States citizenship. If the child
22 was born in a foreign country but was a citizen of the United States at the
23 time of birth, the state registrar shall not prepare a certificate of foreign
24 birth but instead shall notify the adoptive parents of the procedures for
25 obtaining a revised birth certificate for their child through the United
26 States department of state. Any copy of a certificate of foreign birth
Page 13
1 issued shall indicate this policy, show the actual place of birth, and
2 indicate the fact that the certificate is not proof of United States
3 citizenship for the adopted child. A new certificate of birth in the new
4 name of the adopted person prepared by the state registrar pursuant to this
5 section is hereby legalized and made valid.
6 (3) Thereafter, the original certificate and evidence concerning
7 adoption, legitimacy, or parentage shall be sealed and not be subject to
8 inspection except as provided in section 25-2-113.5 OR IN PART 3 OF
9 ARTICLE 5 OF TITLE 19, C.R.S., by regulation, or upon order of a court of
10 competent jurisdiction after the court has satisfied itself that the interests
11 of the child or the child's descendants or the parents will best be served
12 by opening said seal. The information obtained from opening said seal
13 may be withheld from public view or from being presented as evidence
14 at the discretion of the judge.
15 (6) When a new certificate of birth is established by the state
16 registrar, all copies of the original certificate of birth in the custody of any
17 other custodian of vital records in this state shall be sealed from
18 inspection, EXCEPT AS OTHERWISE PROVIDED IN PART 3 OF ARTICLE 5 OF
19 TITLE 19, C.R.S., or forwarded to the state registrar, as he THE STATE
20 REGISTRAR shall direct.
21 SECTION 6. No appropriation. The general assembly has
22 determined that this act can be implemented within existing
23 appropriations, and therefore no separate appropriation of state moneys
24 is necessary to carry out the purposes of this act.
25 SECTION 7. Effective date. This act shall take effect July 1,
26 1999.
Page 14
1 SECTION 8. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, and safety.
Return to CO Adoptee Activism