An Act To Protect Original Birth Certificates
Sec. 1. 22 MRSA §2765, as amended by PL 2017, c. 402, Pt. C, §§47 and 48 and affected by Pt. F, §1, is further amended to read:
§ 2765. New certificate of birth following foreign adoption or legitimation
(1) At the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age, the new certificate must carry a notation that it has been amended, all items that have been revised pursuant to the adoption decree must be identified, and the notation "court action" and the date of the adoption decree must be shown on the new certificate.
(2) If the birth certificate has been annotated pursuant to subparagraph (1), the annotation may be deleted in accordance with department regulations at the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age.
Sec. 2. 22 MRSA §2765-A is enacted to read:
§ 2765-A. Amended certificate of birth following adoption of person born in this State
Sec. 3. 22 MRSA §2766, as amended by PL 2009, c. 601, §21, is repealed.
Sec. 4. 22 MRSA §2768, first ¶, as enacted by PL 2007, c. 409, §4 and affected by §6, is amended to read:
An adopted person A person adopted before October 1, 2019, the that adopted person's attorney or, if the that adopted person is deceased, the that adopted person's descendants may obtain a copy of that person's original certificate of birth from the State Registrar of Vital Statistics, referred to in this section as "the state registrar," in accordance with this section. A person adopted on or after October 1, 2019 may obtain a copy of that person's original certificate of birth pursuant to section 2706.
Sec. 5. 22 MRSA §2768, sub-§§3 and 4, as enacted by PL 2007, c. 409, §4 and affected by §6, are amended to read:
Sec. 6. Effective date. This Act takes effect October 1, 2019.
This bill repeals the law authorizing the creation of a new birth certificate for an adopted person and it removes the provision that requires the sealing of the original birth certificate. The bill allows a person born in this State to retain that person's original birth certificate, even if that person is adopted. This change does not affect a person born in a foreign country who is adopted in this State. A person adopted before October 1, 2019 will still need to follow the current statutory procedure to receive access to that person's original birth certificate upon attaining 18 years of age. This bill requires a certificate of birth for a child who is being adopted to be amended to include the adoptee's new name and the adoptive parent's name or parents' names and personal data.