Arizona 54th Legislature - 2nd Regular Session Status: Passed House Bipartisan · 8 R · 2 D cosponsors

HB 2600 — adoption; original birth certificate; release

Last action — Senate Second Reading

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

437 added · 269 removed

Plain-language change summary

The recently amended HB 2600 introduces changes to sections governing adoption and birth certificates in Arizona. Notably, it updates the consent requirements for adoption to clarify who must provide consent, which is important for ensuring that all relevant parties are involved in the adoption process. This change matters because it aims to protect the rights of both birth parents and children while facilitating a clearer legal framework for adoptions in the state. Additionally, there is a new provision to enhance access to adoption records after 100 years, making historical information more available to the public.

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HB2600 - 542R - H-Health & Human Services-Proposed Fifty-fourth Legislature                                Health and Human Services Second Regular Session                                                  H.B.
HB2600 - 542R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HOUSE BILL 2600       AN ACT   amending sections 8-106, 8‑121, 8-534, 36‑322, 36-336 and 36‑337, Arizona Revised Statutes;
  PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
amending Title 36, chapter 3, article 3, Arizona Revised Statutes, by adding section 36-340;
2600 (Reference to printed bill)   Page 1, between lines 1 and 2, insert:
appropriating monies;
"Section 1.  Section 8-106, Arizona Revised Statutes, is amended to read:
relating to birth certificates.
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
Section 1.  Section 8-106, Arizona Revised Statutes, is amended to read:
E.  An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement granting permission or withholding permission for the child being adopted, when the child reaches eighteen years of age, to obtain identifying and nonidentifying information about the child and the consenting birth parent.  The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant permission or withhold permission may be changed at any time by filing a notarized statement with the court.  The most recent notarized statement shall operate as consent for the court to grant or withhold identifying and nonidentifying information.  The birth parent shall do both of the following:
E.  An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement granting permission or withholding permission for the child being adopted, when the child reaches eighteen years of age, to obtain identifying and nonidentifying information about the child and the consenting birth parent.  The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant permission or withhold permission may be changed at any time by filing a notarized statement with the court.  The most recent notarized statement shall operate as consent for the court to grant or withhold identifying and nonidentifying information.
1.  acknowledge in the notarized statement that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child's original birth certificate as provided in section 36‑340.
that acknowledges that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child's original birth certificate as provided in section 36‑340.  the birth parent shall also Submit the contact preference form prescribed in section 36‑340 to the agency, division or attorney for filing with the court.  F.  A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court.  The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.
2.  Submit the contact preference form prescribed in section 36‑340 to the agency, division or attorney for filing with the court.  F.  A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court.  The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.
H.  Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother.  A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit.  Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action.  Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.
H.  Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother.  A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit.  Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action.  Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.
J.  A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required." END_STATUTE Renumber to conform Page 2, between lines 19 and 20, insert:
J.  A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required.
"Sec. 4.  Section 36-336, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 2.  Section 8-121, Arizona Revised Statutes, is amended to read:
START_STATUTE8-121.  Confidentiality of information;
exceptions A.  It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8‑120, 8‑129, or 8‑134 or 36‑340, or except for purposes permitted allowed by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly permit allow, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8‑116.  After one hundred years has elapsed from the date of the order issued pursuant to section 8‑116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records.  The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.
B.  The provisions of This section shall does not be construed to prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.
C.  This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.
D.  A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption.  Nonidentifying information may be released by the court pursuant to section 8‑129.  The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8‑106.  If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.
E.  An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information.  If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.
F.  This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption.
END_STATUTE Sec. 3.  Section 8-534, Arizona Revised Statutes, is amended to read:
START_STATUTE8-534.  Contents of petition A.  The petition for the termination of the parent‑child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:
1.  The name and place of residence of the petitioner.
2.  The name, sex, date and place of birth and residence of the child.
3.  The basis for the court's jurisdiction.
4.  The relationship of the petitioner to the child or the fact that no relationship exists.
5.  The names, addresses and dates of birth of the parents, if known.
6.  The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.
7.  The grounds on which termination of the parent‑child relationship is sought.
8.  The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.
B.  Beginning January 1, 1993, Whenever possible the court upon on terminating the parental rights of a birth parent in a termination of parental rights proceeding shall obtain from the birth parent a notarized statement granting or withholding that does both of the following:
1.  Acknowledges that when the person who is the subject of the termination of parental rights proceeding reaches eighteen years of age, the person may obtain a copy of the person's original birth certificate as provided in section 36‑340.
2.  Grants or withholds consent for the person who is the subject of the termination of parental rights proceeding to review adoption records, if the person is subsequently adopted, when such the person is twenty‑one reaches eighteen years of age or older.
C.  A copy of any relinquishment or consent and the notarized consent pursuant to section 8‑106, subsection F, if any, previously executed by the parent shall be attached to the petition.
END_STATUTE Sec. 4.  Section 36-322, Arizona Revised Statutes, is amended to read:
START_STATUTE36-322.  Sealing a certificate A.  The state registrar shall seal a certificate and evidentiary documents when the state registrar amends the registered certificate.
B.  Unless required by a court order and except as provided in section 36‑340, the state registrar shall not issue a copy of a certificate or other record sealed pursuant to this section.
END_STATUTE Sec. 5.  Section 36-336, Arizona Revised Statutes, is amended to read:
E.  When the state registrar receives an adoption certificate, a court order for adoption, a change to a court order for adoption or an annulment of an adoption for a person born in another state, the state registrar shall send the document to the appropriate registration authority in the state where the person was born." END_STATUTE Renumber to conform Page 4, line 6, after "A." insert "From and after December 31, 2020," Line 23, strike "indicate if the birth parent" insert "do all of the following" Line 24, after "1." insert "indicate if the birth parent" Line 26, after the period insert "If the birth parent wants to be contacted, the birth parent shall include the birth parent's current name, address and telephone number in addition to any other contact information the birth parent wishes to include." Line 27, after the period insert "If the birth parent wants to be contacted through an intermediary, the birth parent shall include the intermediary's name and telephone number." Page 4, line 28, after the period insert "The form shall indicate that the birth parent May change the contact preference to allow direct contact or contact through an intermediary by filing an amended contact preference form." Line 29, after "2." insert "indicate if the birth parent" Between lines 30 and 31, insert:
E.  When the state registrar receives an adoption certificate, a court order for adoption, a change to a court order for adoption or an annulment of an adoption for a person born in another state, the state registrar shall send the document to the appropriate registration authority in the state where the person was born.
"3.  Include the FOLLOWING information:
END_STATUTE Sec. 6.  Section 36-337, Arizona Revised Statutes, is amended to read:
START_STATUTE36-337.  Amending birth certificates A.  The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:
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1.  Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36‑336.
2.  A voluntary acknowledgment of paternity pursuant to section 25‑812.
3.  For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:
(a)  A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.
(b)  A written statement by a physician that verifies the sex change operation or chromosomal count.
4.  A court order ordering an amendment to a birth certificate.
B.  The state registrar shall change the name of the father on a registered birth certificate if:
1.  The state registrar receives an administrative order or a court order ordering the state registrar to change the father's name on the registered birth certificate.
2.  Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25‑812.
C.  If a registered birth certificate does not exist for a person born in this state who is requesting to amend a birth certificate the person making that request shall comply with the requirements established by rule.
D.  The state registrar shall retain the information on a person's registered birth certificate after the person's adoption if all of the following documents are submitted to the state registrar:
1.  A written request to retain the information signed by the adoptive parent or a court order containing a request to retain the information on the registered birth certificate.
2.  A written statement agreeing to retain the mother's name on the person's registered birth certificate, signed by the mother, or if the mother is deceased, a certified copy of a registered death certificate for the mother.
3.  If there is a father's name stated on the registered birth certificate, a written statement agreeing to retain the father's name on the person's registered birth certificate, signed by the father, or if the father is deceased, a certified copy of a registered death certificate for the father.  E.  If the state registrar amends a registered birth certificate following adoption, the birth certificate shall state the city or county of birth stated on the existing registered birth certificate and the date of birth stated on the existing registered birth certificate.  The state registrar may omit the exact location of birth on the registered birth certificate.
F.  If a local registrar or deputy local registrar amends a registered birth certificate, the local registrar or deputy local registrar shall forward all evidentiary documents provided to create the new birth certificate to the state registrar.
G.  If the state registrar amends a registered birth certificate, the state registrar shall seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate.  The state registrar shall provide access to a sealed certificate or evidentiary documents only pursuant to section 36‑322,  or 36‑340 or a court order issued in this state or as prescribed by rule.
H.  If the state registrar receives a court order annulling an adoption, the state registrar shall unseal the sealed registered birth certificate and shall seal the new birth certificate and evidentiary documents.
END_STATUTE Sec. 7.  Title 36, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 36-340, to read:
START_STATUTE36-340.  Adopted individual;
sealed original birth certificate;
contact preference;
medical history;
confidentiality A.  From and after December 31, 2020, the state registrar shall provide to an individual a copy of the individual's original birth certificate that has been sealed due to an adoption and any evidence of the adoption that is held with the original birth certificate, if all of the following are true:
1.  The individual is at least eighteen years of age.
2.  The individual was born in this state.
3.  The individual submits to the state registrar a written request to receive a copy of the original birth certificate.
B.  The copy of the original birth certificate shall clearly indicate that it is not a certified copy and that it may not be used for legal purposes.
C.  The fees and procedures that apply to obtaining a copy of a registered certificate apply to obtaining a copy of an original birth certificate pursuant to this section.
D.  The state registrar shall develop a contact preference form to be filled out by a birth parent, at the birth parent's option, and kept with the original birth certificate as provided in this section.  The preference form shall do all of the following:
1.  indicate if the birth parent wants to do any of the following:
(a)  Be contacted by the individual who receives the copy of the original birth certificate.  If the birth parent wants to be contacted, the birth parent shall include the birth parent's current name, address and telephone number in addition to any other contact information the birth parent wishes to include.
(b)  Be contacted only through an intermediary.  If the birth parent wants to be contacted through an intermediary, the birth parent shall include the intermediary's name and telephone number.
(c)  Not be contacted.  The form shall indicate that the birth parent May change the contact preference to allow direct contact or contact through an intermediary by filing an amended contact preference form.
2.  indicate if the birth parent has completed and filed with the state registrar a medical history form.
3.  Include the FOLLOWING information:
(f)  Whether the person filling out the form is the birth mother or birth father of the child." After line 40, insert:
(f)  Whether the person filling out the form is the birth mother or birth father of the child.
"H.  The department shall publicize the requirements of this section." Amend title to conform     NANCY BARTO   2600BLANK 02/17/2020 5:21 PM C:
E.  The state REGISTRAR shall develop a medical history form to be completed by a birth parent at the birth parent's option.
KCB   2600BARTO 02/19/2020 09:27 AM H:
F.  The contact preference form and the medical history form are confidential.  If the birth parent files the forms, the state registrar shall seal the forms together and retain them with the original birth certificate.  The forms shall be given to the individual who receives the original birth certificate.  The state registrar may not keep a copy of the contact preference form or the medical history form.
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G.  A birth parent may file an amended contact preference form or medical history form with the state registrar.
H.  The department shall publicize the requirements of this section.
END_STATUTE Sec. 8.  Appropriation;
department of health services The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2020-2021 to the department of health services for the purposes provided in this act.
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Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. DPA

  7. House Second Reading

  8. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 30 co-sponsors · 62 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (30)

Not signed on (62)

62 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 53 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38600
Republican 11100
Democrat 4000
Total 53700
% of votes cast 88%12%0%0%
How each member voted (60)
Member Party Vote
Aaron Lieberman — Yea
Amish Shah — Yea
Andres Cano — Yea
Anthony T. Kern — Nay
Arlando Teller — Yea
Athena Salman — Yea
Becky A. Nutt — Yea
Ben Toma — Yea
Bob Thorpe — Yea
Bret Roberts — Yea
Charlene R. Fernandez — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Nay
Diego Espinoza — Yea
Diego Rodriguez — Yea
Domingo DeGrazia — Yea
Gerae Peten — Yea
Isela Blanc — Yea
Jay Lawrence — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
John Fillmore — Nay
John M. Allen — Nay
Kelli Butler — Yea
Kelly Townsend — Yea
Kirsten Engel — Yea
Lorenzo Sierra — Yea
Michelle Udall — Yea
Nancy Barto — Nay
Noel W. Campbell — Yea
Pamela Powers Hannley — Yea
Randall Friese — Yea
Raquel Terán — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Pierce — Yea
Travis W. Grantham — Nay
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Rosanna Gabaldón Democrat Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Tony Rivero Republican Yea
Warren Petersen Republican Nay

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 2600?
HB 2600 is sponsored by Leo Biasiucci (Republican), Frank Carroll (Republican), Timothy "Tim" Dunn (Republican), Mark Finchem (Republican), Tony Rivero (Republican), Myron Tsosie (Democrat), David Livingston (Republican), J.D. Mesnard (Republican), Walt Blackman (Republican), Victoria Steele, Sean Bowie, Lela Alston, Ben Toma, Arlando Teller, Lorenzo Sierra, Alma Hernandez (Democrat), Amish Shah, Diego Rodriguez, Pamela Powers Hannley, Joanne Osborne, Jennifer Longdon, Aaron Lieberman, Kirsten Engel, Domingo DeGrazia, David L. Cook, Regina E. Cobb, Andres Cano, Kelli Butler, Isela Blanc, Richard C. Andrade, and Bret Roberts.
What is the current status of HB 2600?
This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2600?
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