California's Senate Bill 1274 Will Allow Adopted People Same Rights as Nonadopted

Photo credit:  Adoptees United, Inc.

By Lynn Grubb, President, Adoptee Rights Coalition

California born-and-adopted people have been waiting a long time for unrestricted access to their original birth certificates. 

Ever since 2019, when New York restored unrestricted access to adoptees, ending 83 years of inequality, Adoptionland has been holding it’s breath that California would follow suit.

California’s current laws are some of the most restrictive in the country and endorse shame and secrecy from a bygone era. With 95 % of adoptions having some form of openness, California adoptees rightfully expect to be treated as equal citizens.

Under current law, the only way to obtain an adopted person’s original birth certificate (OBC) is to petition a judge for a court order after proving good cause.

It was a happy day when on February 16, 2024, California Senate Bill 1274 was introduced by Senator Susan Talamantes Eggman, Chair of the Senate Health Committee.

Sen. Eggman is a mental health care advocate, a death and dying expert, and was the first Latina woman to be elected to Stockton, California’s city council. In addition to being a licensed clinical social worker and beekeeper, she authored the End of Life Option Act ensuring Californians can die with dignity.

SB 1274 requires that an adopted child’s amended birth certificate (ABC) be identical to a birth certificate registered for the birth of a child of natural parents. This is important because under the current law, adopted people are treated differently.

SB 1274 repeals an adopting parents’ right to remove the name and address of the facility where the child is born, the city or county of birth, as well as the color and/or race of the natural parents. 

In other words, adoptive parents would no longer be able to remove important identifying information from their child's amended birth certificate (ABC).

SB 1274 can be summarized as follows:

“Notwithstanding any other provision of law, the State Registrar shall provide to an adopted person who is 18 years of age or older and who was born in this state, or to a direct line descendant of a deceased adopted person, a copy of the adopted person’s original birth certificate and any evidence of the adoption previously filed with the State Registrar.”

I am hopeful that California will acknowledge that there is no longer any reason to withhold a child's identity or force adopted adults through unnecessary bureaucracy to receive their record of birth.

Every one deserves to know who they are.