New Year Marks Full Access to OBCs and Adoption Records in CO!

Author: Rich Uhrlaub

Colorado State Representative Lori Saine (R-Dacono) said, "The more we learned about issues faced by adult adoptees and their families by birth and adoption, the more we realized how crucial it was to restore this type of direct access for the parties involved.  Colorado now has one of the best, most comprehensive records access laws in the nation and we're proud of that. I am thrilled to have been able to sponsor legislation that brings so much healing, connection and closure to Coloradans touched by adoption."   

Colorado adoptees were able to get copies of court records effective 7/1/14, but had to endure a waiting period until 1/1/16 to apply for original birth certificates. A 1999 bill had granted access for adoptees whose adoptions were finalized on or after 9/1/99, and a 2009 Court of Appeals ruling affirmed access to adoption records for adoptions finalized between 7/1/51 and 6/30/67.   


Finally, after recognizing that (1) previous incremental changes had produced none of the fear-based predictions touted by opponents, and (2) similarly situated people were being treated differently under the law based solely on the date of their adoption, the Colorado General Assembly passed an unprecedented five bills (four of them unanimously!) related to records access during the 2014-2015 legislative sessions. Here's a list of links to the bills, along with a summary of each: SB 14-051 (Tochtrop/Saine) -  Restores access for adult adoptees, their descendants, and certain other family members or legal representative to adoption records as defined in statute (OBC, ABC, Final Decree of Adoption, Final Order of Relinquishment, Non-identifying information/social-medical history). Signed by governor 5/22/14.  HB 14-1042 (Saine/Tochtrop) - Access to relinquishment records for birth parents.  Signed by governor 5/22/14.
HB 15-1106 (Saine/Sonnenberg) -  Clean up measure clarifying access to adoption records without redaction. Though the intent and language of SB 14-051 was abundantly clear, a few recalcitrant judges decided to interpret the inclusion of "non-identifying information" in the definition of adoption records as license to redact names from all documents.  Rep. Max Tyler (D-Lakewood) commented in committee, "This is a 'Yes, we really meant it' bill."  Co-sponsor Rep. Jonathan Singer (D-Boulder), a social worker, rose in support of the bill during debate on the House floor saying, "No greater atrocity has been committed against adoptees than to separate them from their personal history."  Signed by governor 3/30/15. 
HB 15-1282 (Saine/Newell) - Requires that documents related to preparation of a birth certificate to include language notifying the preparer/signatory that providing false information is a misdemeanor.  The original bill called for more severe penalties, which were strongly opposed by licensed child placement agencies, who succeeded in gutting most of the original language. 
 HB 15-1355 (Saine and Singer/Marble and Newell) - (aka "The Heritage Act")  Allows former residents of the State Home for Dependent and Neglected Children and their descendants to have access to records in the possession of CDHS.  Also allows a sibling to obtain a non-certified copy of the original and amended birth certificates of an adult sibling who was adopted by a different family, upon proof of at least one shared birth/first parent.  Signed by governor 6/5/15.   

In response to the new laws, new forms and processes have been created by the State Court Administrator's office and CDPHE Vital Records.  The Colorado Department of Human Services (CDHS) holds records for State/County adoptions; the State Home for Dependent and Neglected Children, and Licensed Child Placement Agencies that have closed. CDHS is in the process of digitizing files in their possession, and the new system provides access to encrypted files at no charge upon proof of identification as an eligible party.  

Widespread news coverage has boosted awareness of the new laws, with stories either published or forthcoming by 9News, the Denver Post, the Boulder Daily Camera, the Colorado Springs Gazette, and the Grand Junction Daily Sentinel, which plans to run a series following several adoptees through their experience of obtaining records and searching for family members.  Primary bill sponsor CO State Representative Lori Saine and AIS-CTC Coordinator Rich Uhrlaub were interviewed by Jon Caldara, President of the Independence Institute and host of the long-running CO PBS current events show "Devil's Advocate."     

The upcoming AAC Conference in Denver features a Friday morning workshop entitled, "Colorado: Two Years, Five Bills, Four Unanimous Votes!"  Panelists include Rep. Saine; lobbyist and adoptive mom Betsy Clark Murray; adoptee Shayne Madsen of Jackson Kelly, PLLC, and yours truly.  Join us to find out how it all happened and share practical ideas for effective legislative change in your state!

For more details and links to forms, visit the Adoptees in Search - Colorado's Triad Connection website at www.aisctc.org
Newsletter - February 2016

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