NOTE: The governor signed this measure on 3/30/2015.
      
      
      HOUSE BILL 15-1106
      
      
      BY REPRESENTATIVE(S) Saine, Brown, Ginal, Humphrey, Lebsock,
      Neville P., Pettersen, Priola, Ransom, Singer, Tate, Wilson;
      also SENATOR(S) Sonnenberg, Lundberg, Marble, Neville T., Newell,
      Woods.
      
      
      Concerning the clarification of access by eligible persons to
           unredacted adoption records that contain identifying
           information.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 19-1-103, amend (6.5)
      (a) introductory portion and (6.5) (b); and add (6.5) (a.5) as follows:
      
           19-1-103.  Definitions - repeal. As used in this title or in the
      specified portion of this title, unless the context otherwise requires:
      
           (6.5) (a)  "Adoption record", as used in part 3 of article 5 of this title,
      with the exception of section 19-5-305 (2) (b) (I) to (IV), means the
      following documents and information:
      
           (a.5)  "Adoption record", as used in section 19-5-305 (2) (b) (I)
      to (IV), means the following documents and information, without
      redaction:
      
           (I)  The adoptee's original birth certificate and amended
      birth certificate;
      
           (II)  The final decree of adoption;
      
           (III)  Any identifying information, such as the name of the
      adoptee before placement in adoption, the name and address of
      each birth parent as they appear in the birth records, the name,
      address, and contact information of the adult adoptee, and the
      current name, address, and contact information of each birth
      parent, if known, or other information that might personally
      identify a birth parent;
      
           (IV)  Any nonidentifying information, as defined in section
      19-1-103 (80);
      
           (V)  The final order of relinquishment; and
      
           (VI)  The order of termination of parental rights.
      
           (b)  "Adoption record", as used in either paragraph (a) or
      paragraph (a.5) of this subsection (6.5), shall not include
      pre-relinquishment counseling records, which records shall remain
      confidential.
      
           SECTION 2.  In Colorado Revised Statutes, 19-5-305, amend (2)
      (b) (I) as follows:
      
           19-5-305.  Access to adoption records - contact with parties to
      adoption - contact preference form and updated medical history
      statement - definitions. (2)  Legislative declaration - access to adoption
      records. (b)  Subject to the provisions of subsection (4) of this section and
      in addition to information exchanged in a designated adoption or inspection
      authorized by a court upon good cause shown pursuant to section 19-1-309,
      access to adoption records by certain parties is governed by the following
      provisions:
      
           (I)  Adult adoptees, their descendants, and adoptive family
      members. Upon request, the custodian of records shall provide direct
      access, without redaction, to all adoption records, as defined in section
      19-1-103 (6.5) section 19-1-103 (6.5) (a.5), for inspection and copying by
      an adult adoptee, an adoptive parent of a minor adoptee, a custodial
      grandparent of a minor adoptee, or the legal representative of any such
      individual. In addition, the custodian of records shall provide direct access
      to adoption records for inspection and copying by a spouse of an adult
      adoptee, an adult descendant of an adoptee, an adult sibling or half-sibling
      of an adult adoptee, an adoptive parent or grandparent of an adult adoptee,
      or the legal representative of any such individual, if the individual
      requesting access has the notarized written consent of the adult adoptee or
      if the adult adoptee is deceased.
      
           SECTION 3.  Effective date - applicability. This act takes effect
      upon passage and applies to all requests and applications for access to 
      adoption records filed on or after said date.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO