STAND. COM. REP. NO. 2893

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 939

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred H.B. No. 939 entitled:

 

"A BILL FOR AN ACT RELATING TO AMENDING IDENTITY OF REGISTRANT'S PARENT ON A BIRTH CERTIFICATE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to clarify that the Department of Health may amend birth certificates to establish or change parenthood only pursuant to a court order or other legal establishment of parenthood and that the amendment shall not be considered a correction of a personal record under the Uniform Information Practices Act.

 

     Your Committee received testimony in support of this measure from the Department of Health, Department of the Attorney General, and Office of Information Practices.

 

     Your Committee finds that births are required to be registered in the State, and birth certificates are used as prima facie evidence to prove important factors such as identity, citizenship, parenthood, age, sex, and race.  There are legal presumptions regarding parenthood that are established by law, and the rights of parents, which are protected by the federal and state constitutions, can be significantly impacted by birth certificate amendments regarding parenthood.  Existing law allows persons to file late birth certificates or amend birth certificates upon submitting proof required by the Department of Health.  However, because the Department of Health is not qualified to evaluate anecdotal or genetic evidence of parenthood and has no means to afford due process to existing parents whose rights would effectively be terminated by an amendment that changes a parent on a birth certificate, individuals have sued the Department and been awarded attorney's fees and other costs.  This measure would assure that changes to parental rights arising from birth certificate amendments would be subject to judicial determination and existing legal presumptions regarding parenthood, support the Department of Health's longstanding interpretation of its own law and rules, maintain the accuracy of vital records in Hawaii, and protect the State from significant unnecessary costs and attorney's fees.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 939, and recommends that it pass Second Reading and be referred to your Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

 

 

 

________________________________

ROSALYN H. BAKER, Chair