LRB-0469/1
TJD/EHS/GMM/KRP:wlj/emw/klm
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Tittl, Allen, E. Brooks,
Considine, Horlacher, Jacque, T. Larson, Novak and Vorpagel. Referred to
Committee on Children and Families.
AB650,2,2 1An Act to repeal 48.433 (3) (a), 48.433 (5) (b), 48.433 (7) (e), 48.433 (8) (a) 2. and
248.433 (8) (b); to renumber and amend 48.433 (2), 69.14 (3) (c) and 69.15 (6)
3(b); to consolidate, renumber and amend 48.433 (3) (intro.) and (b), 48.433
4(5) (intro.) and (a) and 48.433 (8) (a) (intro.) and 1.; to amend 48.432 (2) (a),
548.432 (4) (a), 48.433 (title), 48.433 (6) (a), 48.433 (7) (a) 3., 48.433 (7) (b), 48.433
6(7) (c), 48.433 (7) (d), 48.433 (7) (f), 48.433 (8m) and 69.21 (2) (c); and to create
748.432 (3) (a) 4m., 48.433 (2) (b), (c) and (d), 48.433 (8r), 69.14 (3) (c) 3., 69.15
8(6) (b) 4. and 69.21 (2) (bm) of the statutes; relating to: contact preference
9forms for birth parents whose parental rights have been terminated in this
10state; access by such a birth parent to identifying information about his or her
11child or an offspring of that child; access to medical and genetic information

1about such a birth parent; and access by an adult adoptee or an adult born to
2a surrogate mother to his or her original birth certificate.
Analysis by the Legislative Reference Bureau
Introduction
This bill 1) permits a birth parent whose parental rights have been terminated
in this state to file with the Department of Children and Families (DCF) a form
designating the birth parent's preference with regard to being contacted by a person
who was his or her child or who is an offspring of that person (contact preference
form); 2) permits a person 18 years of age or over whose birth parent's parental rights
have been terminated in this state or an offspring of that person, if 18 years of age
or over, to file a contact authorization form with DCF authorizing DCF to provide the
person's birth parent with identifying information about the person or offspring; 3)
makes certain changes with regard to access to medical and genetic information
about such a birth parent; and 4) makes certain changes with regard to access by an
adult adoptee or an adult who was born to a surrogate mother to his or her original
birth certificate.
Contact preference forms
Under current law, DCF administers an adoption search program under which
a person 18 years of age or over whose birth parent's parental 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.
This bill replaces the affidavit authorizing DCF to disclose the identity and
location of a birth parent with a contact preference form prescribed by DCF that
allows a birth parent to designate one of the following preferences with regard to
whether the birth parent wishes to be contacted: 1) "I would like to be contacted by
my child or by an offspring of my child."; 2) "I would prefer to be contacted only
through an intermediary."; or 3) "I would prefer not to be contacted by my child or by
an offspring of my child at this time." DCF may then provide the identity and location
of a birth parent to a person 18 years of age or over who was a child of the birth parent
or is an offspring of that person if DCF has on file a contact preference form from the

birth parent indicating that the parent wishes to be contacted or that one birth
parent wishes to be contacted.
The bill also 1) permits a birth parent, when filing a contact preference form,
to simultaneously file any relevant medical and genetic information about the birth
parent and his or her child, which information DCF may disclose without disclosing
any identifying information about the birth parent; 2) requires DCF to disclose the
identity of a birth parent who is known to be deceased; 3) in a case in which one birth
parent is deceased and the other birth parent has filed a contact preference form
indicating that he or she wishes to be contacted, eliminates the requirement that one
year must have elapsed since the death of the deceased birth parent before DCF may
provide the identity and location of the other birth parent; and 4) in a case in which
a birth parent has filed a contact preference form indicating that he or she does not
wish to be contacted, requires DCF to contact the birth parent again after at least
12 months have elapsed to determine whether the birth parent's preference has
changed.
Access to identifying information
Current law does not include a comparable procedure under which a birth
parent may obtain identifying information about a person who was his or her child
or who is an offspring of that person. This bill establishes such a procedure.
Specifically, the bill 1) permits any person 18 years of age or over whose birth
parent's parental rights have been terminated in this state or an offspring of that
person, if 18 years of age or over, to file with DCF a contact authorization form
authorizing DCF to provide the person's birth parent with any available information
about the identity and location of the person or offspring; 2) permits any birth parent
whose parental rights have been terminated in this state to request DCF to provide
the birth parent with any available information about the identity and location of
any person 18 years of age or over who was his or her child or is an offspring of that
person; 3) requires DCF to disclose the requested information if DCF has on file an
unrevoked contact authorization form authorizing that disclosure; and 4) in a case
in which DCF does not have on file an unrevoked contact authorization form from
each person 18 years of age or over who was a child of the requester or is an offspring
of that person, requires DCF to search for each such child or offspring who has not
filed that form and, upon locating such a child or offspring, give the child or offspring
an opportunity to file that form.
Access to medical and genetic information
Under current law, any birth parent whose parental rights have been
terminated in this state may file with DCF any relevant medical or genetic
information about the birth parent or his or her child and DCF must disclose that
information on the request of the child, if 18 years of age or over; the adoptive parent,
guardian, or legal custodian of the child; any offspring of the child, if 18 years of age
or over; or any agency or social worker who is providing services to the child. If DCF
does not have that information on file, the requester may request DCF to conduct a
search for the birth parents to obtain that information. Such a request must be
accompanied by a statement from a physician certifying either that the child has or

may have acquired a genetically transferable disease or that the child's medical
condition requires access to the information (physician's statement).
This bill eliminates the requirement that a birth parent search request be
accompanied by a physician's statement. The bill also permits the parent, guardian,
or legal custodian of an offspring of a person whose birth parent's parental rights
have been terminated in this state to request medical and genetic information about
that person or his or her birth parents if that person is deceased and the offspring
is under 18 years of age.
Access to original birth certificate
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 certificate for the subject of the adoption unless the adoptive parents or the
adoptee requests that no new certificate be prepared. The new certificate 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 certificate 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 certificate (foundling birth certificate) 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 certificate and may generally
not provide access to it.
The bill deletes the provision providing for access to an adoptee's original,
impounded birth certificate when access has been granted by the birth parent in an
affidavit. The bill instead requires the state registrar to issue an uncertified copy of
an original, impounded birth certificate to an adoptee upon request if the adoptee is
the subject of that birth certificate and is at least 18 years old. The bill also requires
the state registrar to issue an uncertified copy of a foundling birth certificate to an
adoptee who was an infant of unknown parentage upon request if the adoptee is the
subject of the foundling birth certificate and is at least 18 years old. Finally, the bill
requires the state registrar to issue an uncertified copy of an original, impounded
birth certificate that was prepared for an individual who was born to a surrogate
mother, if such a birth certificate was prepared with the surrogate mother's
information, to that individual upon request if that individual is the subject of that
birth certificate and is at least 18 years old.
The bill also requires the state registrar, when issuing an uncertified copy of an
original, impounded birth certificate or a foundling birth certificate to an adoptee,
to inform the adoptee about provisions relating to access to adoptees' medical
information and about the adoption search program and the filing of contact
preference forms.
Finally, the bill requires the Department of Health Services (DHS) to collect
statistics on the number of requests made for uncertified copies of original,

impounded birth certificates and foundling birth certificates by adoptees and
requires DHS to publish reports summarizing the statistics collected. The bill
prohibits DHS, in publishing these reports, from disclosing any information that
reveals the identity of a birth parent.
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:
AB650,1 1Section 1. 48.432 (2) (a) of the statutes is amended to read:
AB650,5,42 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall
3maintain all information obtained under s. 48.427 (6) (b) or 48.433 (2) (a) in a
4centralized birth record file.
AB650,2 5Section 2. 48.432 (3) (a) 4m. of the statutes is created to read:
AB650,5,76 48.432 (3) (a) 4m. The parent, guardian, or legal custodian of an offspring of
7a deceased individual or adoptee, if the offspring is under 18 years of age.
AB650,3 8Section 3. 48.432 (4) (a) of the statutes is amended to read:
AB650,5,199 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain
10medical and genetic information about an individual whose birth parent's rights
11have been terminated in this state at any time, or whose birth parent consented to
12his or her adoption before February 1, 1982, or medical and genetic information
13about the birth parents of such an individual or adoptee, and the information is not
14on file with the department, or agency contracted with under sub. (9), the person may
15request that the department or agency conduct a search for the birth parents to
16obtain the information. The request shall be accompanied by a statement from a
17physician certifying either that the individual or adoptee has or may have acquired
18a genetically transferable disease or that the individual's or adoptee's medical
19condition requires access to the information.
AB650,4
1Section 4. 48.433 (title) of the statutes is amended to read:
AB650,6,2 248.433 (title) Access to identifying information about parents.
AB650,5 3Section 5. 48.433 (2) of the statutes is renumbered 48.433 (2) (a) and amended
4to read:
AB650,6,195 48.433 (2) (a) Any birth parent whose rights have been terminated in this state
6at any time, or who has consented to the adoption of his or her child in this state
7before February 1, 1982, may file with the department, or agency contracted with
8under sub. (11), an affidavit authorizing the department or agency to provide the
9child with his or her original birth certificate and with any other available
10information about the birth parent's identity and location. An affidavit filed under
11this subsection may be revoked
a contact preference form that designates one of the
12preferences specified in par. (b) 1., 2., or 3. When filing a contact preference form,
13a birth parent may also simultaneously file the medical and genetic information
14specified in s. 48.432 (2) (b). The department shall maintain any contact preference
15form and medical and genetic information filed under this paragraph in the
16centralized birth record file under s. 48.432 (2). A birth parent may amend a contact
17preference form at any time by filing a new contact preference form or may revoke
18a contact preference form
at any time by notifying the department or agency in
19writing.
AB650,6 20Section 6. 48.433 (2) (b), (c) and (d) of the statutes are created to read:
AB650,6,2421 48.433 (2) (b) The department shall prescribe a contact preference form that
22allows a birth parent whose rights have been terminated in this state at any time,
23or who has consented to the adoption of his or her child in this state before February
241, 1982, to designate one of the following preferences:
AB650,6,2525 1. "I would like to be contacted by my child or by an offspring of my child."
AB650,7,1
12. "I would prefer to be contacted only through an intermediary."
AB650,7,32 3. "I would prefer not to be contacted by my child or by an offspring of my child
3at this time."
AB650,7,74 (c) The contact preference form shall also contain a space for a birth parent who
5wishes to be contacted to designate the method or methods by which the birth parent
6wishes to be contacted and to provide contact information for the birth parent or
7intermediary.
AB650,7,138 (d) The department shall collect statistics on the number of contact preference
9forms filed or revoked under par. (a), categorized by the preferences under par. (b)
101. to 3. chosen, and shall publish, on an annual basis or more often at the discretion
11of the department, reports summarizing those statistics collected. In publishing
12reports under this paragraph, the department may not disclose any information that
13reveals the identity of a birth parent.
AB650,7 14Section 7. 48.433 (3) (intro.) and (b) of the statutes are consolidated,
15renumbered 48.433 (3) and amended to read:
AB650,7,2216 48.433 (3) Any person 18 years of age or over whose birth parent's rights have
17been terminated in this state or who has been adopted in this state with the consent
18of his or her birth parent or parents before February 1, 1982, or any offspring of that
19person, if 18 years of age or over,
may request the department, or agency contracted
20with under sub. (11), to provide the person or offspring with the following: (b) Any
21any available information regarding the identity and location of his or her the
22person's
birth parents.
AB650,8 23Section 8. 48.433 (3) (a) of the statutes is repealed.
AB650,9 24Section 9. 48.433 (5) (intro.) and (a) of the statutes are consolidated,
25renumbered 48.433 (5) and amended to read:
AB650,8,6
148.433 (5) The department, or agency contracted with under sub. (11), shall
2disclose the requested information in either of the following circumstances: (a) The
3to the requester any available information regarding the identity and location of a
4birth parent if the
department, or agency contracted with under sub. (11), has on file
5an unrevoked affidavits contact preference form filed under sub. (2) (a) from both the
6birth parents parent indicating that the birth parent wishes to be contacted.
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