§ 40:77 — Certified copy for adoptive parents; issuance of original birth certificate

§77. Certified copy for adoptive parents; issuance of original birth certificate
A. Upon completion of the new record as provided for in R.S. 40:76 with respect to
an adopted person who was born in Louisiana and adopted in another state, the state registrar
shall issue to the adoptive parents a certified copy of the new record and shall place the
original birth certificate, the contact preference form submitted pursuant to Subsection F of
this Section, and the copy of the decree and related documents in a sealed package and shall
file the package in its archives.
B. Except as provided in R.S. 40:74, this sealed package shall be opened only upon
the demand of the adopted person, or if deceased, by his or her descendants, or upon the
demand of the adoptive parent, or the state registrar, or the recognized public or private
social agency which was a party to the adoption, and then only as provided in Subsections
E and F of this Section or by order of a Louisiana court of competent jurisdiction at the
domicile of the vital records registry which court order shall issue only after a showing of
compelling reasons, and opened only to the extent necessary to satisfy such compelling
necessity.
C. In satisfying the requirement that information shall be revealed only to the extent
necessary to satisfy the compelling necessity shown, the court is further authorized to use the
services of the curator ad hoc appointed pursuant to Code of Civil Procedure Article 5091.2.
D. Except as provided in Subsection E of this Section, all motions for records under
this Section shall be in accordance with and subject to the provisions of Children's Code
Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served
with a copy of the motion as provided in Code of Civil Procedure Article 1313.
E.(1) Notwithstanding any provision of the law to the contrary, an adopted person
who is twenty-four years of age or older may request an uncertified copy of his birth
certificate from the state registrar. Upon such a request, the registrar shall open the sealed
package and issue an uncertified copy of the original birth certificate to the adopted person.
(2) The uncertified copy of the original birth certificate shall be issued to the adopted
person in accordance with the regulations duly promulgated in accordance with the
Administrative Procedure Act for a certified copy of a vital record in the custody of the vital
records registry.
F.(1) A birth parent may at any time request from the state registrar a contact
preference form that shall accompany the adopted person's original birth certificate.
(2) The contact preference form shall provide the following information to be
completed at the option of the birth parent who shall indicate his intentions as follows:
(a) I would like to be contacted.
(b) I would prefer to be contacted only through an intermediary.
(c) I prefer not to be contacted at this time. If I decide later that I would like to be
contacted, I will submit an updated contact preference form to the state registrar.
(3) The contact preference form is a confidential communication from the birth
parent to the person named on the sealed birth certificate and shall be placed in the sealed
packet containing the original birth certificate. The contact preference form shall be released
to an adopted person when he requests his original birth certificate pursuant to Subsection
E of this Section.

Legislative History

Acts 1979, No. 776, §1. Acts 1986, No. 876, §1; Acts 2020, No. 470, §2; Acts 2022, No. 470, §2.