SENATE, No. 77

SECTION 1. Chapter 46 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 2A, the following section:-

Section 2B.  Upon written application which shall include proof of identity and payment of applicable fees by an adopted person 18 years of age or older who was born in the commonwealth, on or before July 14, 1974 or on or after January 1, 2008 or an adoptive parent of an adopted person under 18 years of age and born in the commonwealth on or before July 14, 1974 or on or after January 1, 2008, the state registrar shall:

(a) make available for inspection at the offices of the registry the birth certificate prior to adoption which indicates the prior legal parent(s) or if there has been more than one adoption, the birth certificate prior to the first adoption which indicates the biological parent(s); or      

(b) send via certified mail return receipt to the adopted person age 18 or older or to the parents of an adopted person under 18 years of age a photocopy of the contents of the birth record with the following notation on it: the contents of this birth record are being released under Massachusetts General Laws chapter 46 section 2B or a court order.  This record was amended by adoption.  This is not a certified copy of a birth record.

SECTION 2. Subsection (h) of Section 13 of chapter 46 of the General Laws, as so appearing, is hereby amended, in line 168, by inserting after the words “in which said adoption was granted;” the following words:- or in accordance with section 2B of this chapter,

SECTION 3.  Said subsection (h) of section 13 of said chapter 46, as so appearing, is hereby amended, in line 170, by inserting after the word “occurred” the following words:- or in accordance with section 2B of this chapter,

SECTION 4. Said subsection (h) of section 13 of said chapter 46, as so appearing, is hereby amended, in line 171, by inserting after the word “record;” the following sentence:- “Evidence contained in the adoption record of a biological  parent’s willingness to provide information about that individual’s identity to the adopted person shall, except in extraordinary circumstances, be considered sufficient evidence to warrant the granting of an order for release of the information contained in the original birth record.”

SECTION 5. Said chapter 46, as so appearing, is hereby amended by adding the following section:-

Section 31.  (a) The registry shall establish and maintain an adoption information repository (“repository”) for the purpose of connecting biological parents to any of their biological children who were adopted.  The repository shall at minimum be capable of recording information needed to match biological parents and their biological children who were adopted, current contact information and permission to obtain birth records.

           (b)  The repository shall receive and maintain any such contact information submitted by a biological parent, for the purpose of permitting access of such submitted  information by a biological child who was adopted.  The repository shall also receive and maintain any such contact information submitted by a biological child who was adopted, for the purpose of permitting access by his biological parent(s) of such submitted contact information. Unless otherwise permitted by law or order of the probate court, no contact or other identifying information of such parent or child shall be released by the repository without the prior written permission of the parent or child submitting such information. 

            (c) A biological parent may voluntarily submit any medical history information to the repository.  Such information submitted shall be in a form as prescribed by the state registrar and as approved by the commissioner. The state registrar may require that the biological parent, whose medical information is being submitted, provide a written consent signed by such parent, in a form prescribed by the state registrar and in accordance with applicable law, authorizing the repository to retain and release such information. Unless otherwise permitted by law or order of the probate court, no medical information of a biological parent shall be released by the repository without the prior written permission of such parent submitting the information. 

          (d) Any contact or medical information received by the repository shall be confidential and not a public record under paragraph (c) of clause twenty-six of section 7 of chapter 4.  Except upon order of the probate court, the release of authorized information to a biological child, shall only be made to such child, his adoptive parent, legal guardian, conservator or attorney, and the release of information to a biological parent, shall only be made to such parent, his legal guardian, conservator or attorney.  

(e)  The submission of information with the repository by a biological parent or child shall be entirely voluntary.  Such parent or child submitting information to the repository may at anytime terminate or modify any permission to release such information by giving written notification to the repository.  Upon receipt of notice terminating or modifying permission to release such submitted information, the repository shall only release such submitted information as thereafter permitted, except upon order of the probate court. The repository may destroy any biological parent’s medical history information, anytime after 3 years from the receipt of notice to terminate all future releases, or earlier, if the destruction of such information is required by law. 

(f) The commonwealth shall make a reasonable effort to inform the public about the existence of the adoption contact information repository.