Wednesday, September 08, 2010

Model Records Legislation

The statutes of several states, including Kansas, Alaska, Oregon, Alabama, New Hampshire and Maine, provide adult adoptees unrestricted access to their original birth certificates, and, in some cases, certain other records. The past ten years have proven that these laws work smoothly, and adult adoptees and birthparents are fully capable of managing their own relationships without government supervision. 

In these states, adoption and abortion rates are comparable to, if not more desirable than, national averages.  The use of a non-binding contact preference form allows for the exchange of information for those parties who do not wish to be contacted, recognizes the right of the requesting party to have equal access to their birth identity, documents they signed, and equal access to genetic and medical history. AIS/CTC supports such statutes as models worthy of imitation. Recommended wording, excluding any conforming amendments required in other sections, for the Colorado Revised Statute is found below: 

19-1-103 Definitions.
(14.5) - "Birth identity" means the true and accurate names, to the extent they are contained in the records of a court, a licensed child placement agency, a maternity home, a hospital, the Colorado Department of Human Services, or any agent thereof, at the time parental rights were terminated, of:
(a) a child who was relinquished for adoption, or who was the subject of a Dependency and Neglect action, and
(b) the birthparents of any such child described in subsection of (a) of this definition.     

19-5-305 - Access to relinquishment and adoption records - contact between parties (Strike below legislative declaration and replace with:) 

(2) Access to relinquishment and adoption records. Subject to the provisions of subsection (4) of this section and in addition to information exchanged in a designated adoption or inspection authorized by a court upon good cause shown pursuant to section 19-1-309, access to relinquishment and adoption records for certain parties shall be governed by the following provisions:    
(a) Adult adoptees, their descendants and adoptive family members.   The birth identity of the  adoptee and all adoption records as defined in section 19-1-103(6.5) shall be open to inspection and available for copying by an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, such records shall be open to inspection and copying by a spouse, adult descendant of an adoptee, adult sibling or half-sibling of an adult adoptee, adoptive parent or grandparent of an adult adoptee or the legal representative of any such individual, with the notarized written consent of the adult adoptee, or in the event the adult adoptee is deceased.    
(b) Birth parents, their descendants and members of the birth parents' family. Any document signed by a birth parent, including but not limited to the Petition to Relinquish or other relinquishment document(s), Affidavit of Counseling, Temporary Waiver of Custody and Original Birth Certificate, which is stored in the custody of a court, state or county agency, licensed child placement agency, or maternity home, or the legal agent of any such entity, shall be available for inspection and copying to the birth parent or their legal representative. In addition, a copy of the Amended Birth Certificate and Final Decree of Adoption shall be available to the birth parent if the adoptee has reached the age of eighteen and the birth parent's parental rights were not terminated as a result of a Dependency and Neglect action. In addition, the spouse, adult descendant, sibling, half-sibling or parent of a birth parent, or the legal representative of any such individual, shall have access to the records mentioned in this subsection (b) with the notarized written consent of the birth parent, or in the event the birth parent is deceased.     
(c) Contact Preference Form. An adult adoptee or birth parent may complete a Contact Preference Form and file it with the State Registrar. The Contact Preference Form shall provide the adult adoptee or birth parent the opportunity to state a preference to be contacted directly, through a third party, or for no contact. The form shall provide space for a written statement which may include updated medical history, an explanation for the stated contact preference, or other information for the party seeking records. Any custodian of adoption records shall contact the State Registrar to determine if a Contact Preference Form has been filed prior to the release of adoption records in their custody. If a Contact Preference Form has been filed, the requesting part shall obtain a copy of the Contact Preference Form from the State Registrar prior to receiving copies of any adoption records. The State Registrar shall perform a diligent search for a Contact Preference From prior to release of the original birth certificate to the adult adoptee, birth parent, or other parties eligible to receive a copy pursuant to this subsection (2). Adoption records shall be released to the requesting party under the provisions of paragraphs (a) and (b) of this subsection (2), independent of whether a Contact Preference Form has been filed, and independent of the stated contact preference.    
     

(3) Contact between parties.  Subject to the provisions of subsection (2) of this section, any party may seek to make direct contact or utilize the services of a Confidential Intermediary as provided in section 19-5-304, a licensed child placement agency as provided in this section, or the Colorado Voluntary Mutual Consent Registry. 

(4) Access to information and contact concerning sibling groups.  (Unchanged, except for any conforming amendments)

(5) Delete   
 

  

AIS-CTC Registry

You can now join the free online AIS/CTC reunion registry directly by logging in and providing information about yourself and the person(s) you are seeking. We will never sell your information to anyone. We will only disclose your information to the person(s) you are looking for. Please note that any fields labeled "visible on your profile" are visible only to the site administrator. In order to help us minimize SPAM and computer generated messages, registration involves these steps:

1) Create a login account by providing basic information and establishing your password.You will receive an electronic response from AIS/CTC.
2) Click on the link we send from the email address you provide in order to confirm your registration. 
3) Once you confirm your registration, the registry administrator will approve and enable your account, usually within 24-48 hours. You will receive a second email from AIS/CTC informing you that your account is now active. 
4) From the AIS/CTC homepage, use your login name and password and click on the "Login" button.  You will still be on the home page, but if you scroll back down the page, you will notice a greeting with your username. Click on "My Profile" to see what you've already entered, or click on "Edit My Profile" to make changes or add more detailed information about yourself and the person(s) for whom you are searching. See our FAQ section, or contact us for more help.

By joining this registry, you certify and acknowledge that you:

  • Are over the age of 18 and are the person named as the registrant or their legal representative.

  • Consent to the release of your name and contact information in the event of a possible match.

  • Agree to hold harmless Adoptees in Search - The Colorado Triad Connection, its Board, and its members from any results, errors, omissions or failure to notify any party. Please remember to update your contact information if it changes.

  • Understand that AIS/CTC makes no guarantees regarding the outcome of any registration, search and reunion. We will do everything we can to verify matches and contact people in a timely manner.  However, because we are a volunteer organization, we operate under the constraints of certain variables and limitations.

  • Please note that this registry is limited to births, adoptions and relinquishments which took place in Colorado. See our Search links for other more comprehensive online registries.

    To begin the process, click on the following link:

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