Report Title:

Vital Statistics; Original Birth Certificate

 

Description:

Permits access to original birth certificate by an adopted person when the person attains the age of 18.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1677

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to vital statistics.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 338-17.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  When a new certificate of birth is established under this section, it shall be substituted for the original certificate of birth.  Thereafter, except as provided in section 338-20(e), the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed.  Such sealed document shall be opened only by an order of a court of record."

     SECTION 2.  Section 338-20, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The sealed documents may be opened by the department only [by]:

     (1)  By an order of a court of record [or when];

     (2)  When requested in accordance with section 578-14.5 or 578-15[.]; or

     (3)  When requested in writing by the adopted person who is at least eighteen years of age.

Upon receipt of a certified copy of a court order setting aside a decree of adoption, the department shall restore the original certificate to its original place in the files."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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