California Adoptee Rights

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California Adoptee Rights

SB1274 Is Dead

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The following information went out this morning to supporters of SB1274 who signed up for legislative updates.

This morning I confirmed with Sen. Eggman’s staff that SB1274, the equal rights birth record bill in the Senate, has been pulled from further consideration this session. This means that the bill is no longer considered active, and it will not move forward. Legislative action to secure equal rights for all California-born adult adopted people is effectively over for 2024.

Members of the two committees scheduled to hear the bill continued to raise issues with “birthparent privacy” in relation to the release of an adopted person’s own birth record. Sen. Eggman realized that there was no viable way to move the bill forward without damaging amendments. It’s a solid and necessary decision that her office made, but the outcome is obviously disappointing.

More information may available as we all learn more.

Amendments to SB1274 Filed

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In anticipation of its first hearing, a number of amendments have been filed for SB1274, primarily to add a Contact Preference Form. The amendments, however, do not change the core purpose of the bill: to release a copy of the original birth record to the adult adopted person upon request.

Expected amendments have been made to SB1274, prior to the bill’s first hearing on April 10 in the Senate Health Committee. You can read the full amended bill here, but here are the primary takeaways:

  • It adds a contact preference form. A contact preference form, or CPF, allows a parent named on the original record to file their preference for contact with the adopted person or that person’s descendants (if the adopted person is deceased). The form does not control the release of the record. Rather, the form is optional and advisory only—it merely allows a parent to communicate whether or not the parent prefers or does not prefer any contact. It is a common form used in a number of unrestricted equal rights states.
  • It addresses technical issues in the Health and Safety Code. The remaining amendments address other provisions in California’s Health and Safety Code related to birth records, specifically pre-adoption birth records. One provision merely clarifies that an original birth record may be released:

    To an adopted person, or child or grandchild of an adopted line person, limited to the adopted person’s original birth certificate line retrieved as prescribed in Section 102705 of the Health and Safety Code 

    Another amendment defines the original birth record as “the certificate issued at a live birth of an adopted person pursuant to Section 102100 that has been sealed pursuant to Section 102685 or supplanted pursuant to Section 102680.”

    These amendments also do not change the core purpose and goal of the bill: release of the OBC. Rather, the amendments make it clear that the State Registrar has the authority to release the record to the adopted person or that person’s descendant.

One sentence in the description of the bill (which is not considered part of the bill language) is a bit awkward if not confusing, as it states that “This bill would similarly prohibit the court from granting a records order releasing an original birth certificate.” It’s unclear what this specifically means, other than likely confirm the shift of release of birth records exclusively to the State Registrar and away from the courts. While it does not reflect specific bill language, it may need additional context.

The amendments were made public early this morning (April 2, 2024). Setting aside the somewhat confusing language in the bill’s description, support of the bill is still strongly encouraged and warranted.

Committee Hearing: April 10

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A hearing on SB1274 has been set for Wednesday, April 10, 2024, in the Senate Health Committee. It is scheduled to begin at 1:30pm. Here is the basic info, with more to come as the hearing date nears.

What to Know: the Very Basics

This is the first hearing on the bill, and it will be heard in the Health Committee. In general, the committee covers issues relating to public health, including vital records.

The focus of SB1274 in the Committee will be on the bill’s direct connection to vital records, which is overseen by the California Department of Public Health. While arguments will no doubt come up about “privacy” and the California state constitution, those arguments are generally outside the scope of this committee.

What to Do: Register Your Position

You can register your position through the California Position Letter Portal here. You can also email the committee at SHEA.Committee@senate.ca.gov, though the position portal is generally the better choice to register support for the bill. If you don’t know how to sign up or submit a letter through the portal, we have a short video.

What to Say: Keep it Short and to the Point

When submitting a position letter, keep the message short and direct. Introduce yourself, state your connection to adoption, and request a DO PASS recommendation from the committee. Feel free to add a few more details about yourself or this issue, but generally try to keep it to around a half-page of type. And, importantly, make it about a single document: an adopted person’s own birth record. Here is an example of a fictional adopted person writing in support:

My name is Kai Sheppard, and I was born and adopted in California in 1970. As a California adoptee I request at DO PASS recommendation on SB1274. This bill would do one simple thing: restore the rights of all California-born adopted people to get a single document that has always been theirs: their own original birth records—nothing more, nothing less. This bill is important to me and to my family. Please support SB1274 with a DO PASS recommendation.

Who’s On the Committee

Members of the committee include nine Democrats and two Republicans:

Steven M. Glazer (D-Contra Costa)
Lena A. Gonzalez (D-Long Beach)
Shannon Grove (R-Bakersfield)
Melissa Hurtado (D-Bakersfield)
Monique Limón (D-Santa Barbara)
Caroline Menjivar (D-San Fernando Valley)
Janet Nguyen (R-Huntington Beach), Vice-Chair 
Richard Roth (D-Riverside), Chair
Susan Rubio (D-Baldwin Park)
Senator Lola Smallwood-Cuevas (D-Los Angeles)
Senator Scott D. Wiener (D-San Francisco)

About the Bill (SB1274)

SB1274 is an incredibly simple bill with a powerful promise. The bill strikes out discriminatory provisions in current California law and simply adds:

Notwithstanding any other provision of law, the State Registrar shall provide to an adopted person who is 18 years of age or older and who was born in this state, or to a direct line descendant of a deceased adopted person, a copy of the adopted person’s original birth certificate and any evidence of the adoption previously filed with the State Registrar.

Senator Susan Talamantes Eggman is the bill’s lead author.

Committee Assignments: Health and Judiciary

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Senate Bill 1274 has been assigned to its senate committees: Health and Judiciary. Here’s quick information and resources about both.

Senate Health Committee

While the bills sponsor, Senator Susan Talamantes Eggman, was the former chair of the Senate Health Committee, the committee is now chaired by Sen. Richard Roth (D-Riverside). The referral of the bill to this committee was expected. The committee considers bills “relating to public health, alcohol and drug abuse, mental health, public and private health insurance and managed care, food safety, health facility licensing, prescription drugs, emergency medical services, and related institutions.” Members of the committee in 2024 include 9 Democrats and 2 Republicans:

Steven M. Glazer (D-Contra Costa)
Lena A. Gonzalez (D-Long Beach)
Shannon Grove (R-Bakersfield)
Melissa Hurtado (D-Bakersfield)
Monique Limón (D-Santa Barbara)
Caroline Menjivar (D-San Fernando Valley)
Janet Nguyen (R-Huntington Beach), Vice-Chair 
Richard Roth (D-Riverside), Chair
Susan Rubio (D-Baldwin Park)
Senator Lola Smallwood-Cuevas (D-Los Angeles)
Senator Scott D. Wiener (D-San Francisco)

The focus of SB1274 in the Health Committee will be on the bill’s direct connection to vital records, which is overseen by the California Department of Public Health. While arguments will no doubt come up about “privacy” and the California state constitution, those arguments are generally outside the scope of this committee. Instead, they are more likely to be considered in depth in the Judiciary Committee.

Senate Judiciary Committee

The Senate Judiciary Committee is chaired by Senator Thomas Umberg (D), The jurisdiction of this committee is in part the state’s family and probate codes, as well as bills relating to courts, judges, and privacy. Members of the committee include 9 Democrats and 2 Republicans:

Benjamin Allen (D-Santa Monica)
Angelique V. Ashby (D-Sacramento)
Anna M. Caballero (D-Merced)
María Elena Durazo (D-Los Angeles)
John Laird (D-Santa Cruz)
Dave Min (D-Irvine)
Roger W. Niello (R-Fair Oaks), Vice-Chair
Henry I. Stern (D-Los Angeles)
Thomas J. Umberg (D-Santa Ana), Chair
Aisha Wahab (D-Hayward)
Scott Wilk (R-Santa Clarita)

The focus of the committee for SB1274 will likely be on its relationship to the family code and to state courts, as well as expected arguments that the bill involves issues of birthparent privacy.

Hearings

Hearings for both committees are in person, though written testimony can be provided through various means, most often through the California Position Letter Portal but also by email directly to the committee. The Health committee generally meets on Wednesday afternoons.

The committees’ guidance for submitting testimony or participating in a specific committee hearing is here:

Resource: Position Letter Portal

We’ve created a video resource to help understand how to sign up and use the California Position Letter Portal. More about that is here (or click on the image below).

California Position Letter Portal Resource

California Position Letter Portal: SB1274 Edition

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It’s not yet time to submit letters or positions of support through the California Position Letter Portal. But we’ve updated our resource to make it easier once positions are needed for SB1274.

The video below will show you how to submit a letter or positin on SB1274 once it is set for committee hearing. If you do not already have an account with the position portal, you should at least sign up for one here so you are ready to go once positions and letters are needed.

The video is a resource courtesy of Adoptees United Inc.

It’s Showtime!

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A long-awaited unrestricted equal rights bill for adult adoptees has been introduced in the California Senate.

Long anticipated but finally introduced in the California Senate yesterday, SB1274 is an incredibly simple bill with a powerful promise. The bill strikes out discriminatory provisions in current California law and simply adds:

Notwithstanding any other provision of law, the State Registrar shall provide to an adopted person who is 18 years of age or older and who was born in this state, or to a direct line descendant of a deceased adopted person, a copy of the adopted person’s original birth certificate and any evidence of the adoption previously filed with the State Registrar.

Senator Susan Talamantes Eggman is the primary sponsor, and the bill is awaiting committee referral, though it is expected to be referred to the Senate Health Committee. We’ll have more details as things develop, including committee assignment and things you can do to help.

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