California AB1302 was a bad bill when it was introduced. It became a dumpster fire after later amendments.
As introduced, AB1302 required court involvement to request your own own birth certificate plus the right of birthparents named on the record to file a “disclosure preference form” with two choices: 1) disclose personal identifying information on the original certificate of birth; or 2) redact personal identifying information on the original certificate of birth. The bill was quickly amended before a scheduled hearing in the Judiciary Committee, where it was reported out favorably .
AB1302 Status and Information
This information is regularly updated.
Current Status: In the Assembly
Current Committee: Health
Prior Committee: Judiciary (reported favorably, on a
Last Action: Pulled for further consideration in 2023
First Deadline in 2024: January 12, 2024. Must be reported out of the Health Committee and referred to appropriations.
Second Deadline in 2024: January 31, 2024
Current Bill Text: Available here.
Bill Page: AB1302 Legislative History
The amended version, however, now resurrects laws from the early 1970s, when disco was still in its infancy. Here’s what it currently does, other than deny the right to your own birth record.
The bill retains court involvement. You have to petition a court for your own birth record, rather than apply for your own record from the California’ Department of Health.
The bill is a bureaucratic mess. AB1302, as amended, creates a complex bureaucracy centered around contacting birthparents by “certified or registered mail, restricted delivery, and return receipt requested.” These hand-delivered government letters ask birthparents their opinions on releasing the adopted person’s birth record. From there it just gets more complicated, with a second notice required “150 days or 3 months later, whichever is sooner,” after which there are three general results: 1) release of the OBC if all parents on the birth record agree in writing; 2) redaction of one of two listed birth parents if only one parent agrees in writing; 3) no release at all if nobody bothers to sign for or respond to the certified letter at all (or it’s not deliverable).
The bill copies language from a discriminatory 2009 bill. The core language creating the “ask mommy” bureaucracy is actually rehashed language from a prior 2009 bill. Needless to say, a lot has changed in the world in the last 14 years. Or eighty years, given how outdated California law is today.
The bill is both prospective and retroactive. The bill applies to all adoptions, whether in the past or in the future.