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An Act To Amend the Laws Governing the Issuance of and Access to Birth Certificates and Certain Medical Information
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §9-310, 2nd ¶, as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:
Any medical or genetic information in the court records relating to an adoption must be made available to the adopted child upon reaching the age of 18person and to the adopted child'sperson's descendants, adoptive parents or legal guardian on petition of the court.
Sec. 2. 22 MRSA §2705, sub-§5, as amended by PL 1989, c. 818, §3, is further amended to read:
 
5. Amendment following adoption of a person born in a foreign country.   Amendment of a certificate following adoption or legitimationof a person born in a foreign country is governed by section 2765, subsection 2-A.
Sec. 3. 22 MRSA §2765, sub-§1, as amended by PL 1995, c. 694, Pt. D, §30 and affected by Pt. E, §2, is repealed.
Sec. 4. 22 MRSA §2765, sub-§2-A, as amended by PL 2009, c. 601, §20, is further amended to read:
 
2-A. Certificate after adoption of person born in a foreign country.   This subsection governs birth certificates after adoption or legitimationof a person born in a foreign country.
 
A. When a new birth certificate is established after adoption of a person born in a foreign country pursuant to subsection 1, paragraph A, or subsection 1-A, the actual place and date of birth, the names and personal data of the adoptive parents at the time of the child's birth and the name of the child after adoption must be entered on the new birth certificate.
 
(1) At the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age, the new certificate must carry a notation that it has been amended, all items that have been revised pursuant to the adoption decree must be identified, and the notation "court action" and the date of the adoption decree must be shown on the new certificate.
 
(2) If the birth certificate has been annotated pursuant to subparagraph (1), the annotation may be deleted in accordance with department regulations at the request of an adopted person who is at least 18 years of age or of the adoptive parents of an adopted child under 18 years of age.
 
B.  When a new certificate is established after legitimation pursuant to subsection 1, paragraph B, the actual place and date of birth, the name of the child and the names and personal data of both parents at the time of birth must be shown. Notwithstanding section 2705, the new certificate may not be marked "amended." The new certificate must be filed with all other birth certificates and is not subject to the provisions of section 2761, subsection 4.
 
C.  When a new certificate of birth is established following adoption or legitimation, it must be substituted for the original certificate of birth. After that substitution, the original certificate of birth and the evidence of adoption are not subject to inspection except upon order of the Probate Court or the Superior Court or pursuant to section 2768. The application for legitimation may be released to persons listed on the original birth certificate upon completion of written application to the State Registrar of Vital Statistics or the registrar's designee.
Sec. 5.  22 MRSA §2765, sub-§3  is repealed.
Sec. 6. 22 MRSA §2765, sub-§5, as amended by PL 2007, c. 409, §3 and affected by §6, is repealed.
Sec. 7. 22 MRSA §2766, as amended by PL 2009, c. 601, §21, is repealed.
Sec. 8. 22 MRSA §2768, first ¶, as enacted by PL 2007, c. 409, §4 and affected by §6, is amended to read:
An adopted person, the adopted person's attorney or, if the adopted person is deceased, the adopted person's descendants may obtain a copy of that person's original certificate of birth if that original certificate of birth is sealed from the State Registrar of Vital Statistics, referred to in this section as "the state registrar," in accordance with this section.
Sec. 9. Effective date. This Act takes effect October 1, 2013.
 
SUMMARY
This bill:
1. Eliminates the current restriction that an adoptee be at least 18 years of age for the court to release medical or genetic information contained in court records relating to the adoption; and
2. Repeals the provisions of law that require that an original birth record of an adoptee be sealed and that a new certificate of birth be created.