An Act To Amend the Laws Governing the Issuance of and Access to Birth Certificates and Certain Medical Information
Maine Legislature, Session 126, LD 1401
Committee: Judiciary
Sponsors: KENT, GERZOFSKY, BERRY, CROCKETT, DION, HICKMAN, PRIEST
Amends: 18-A MRSA §9, 22 MRSA §2705, 22 MRSA §2765, 22 MRSA §2766, 22 MRSA §2768

Legislative Document 
No. 1401 
H.P. 997 
House of Representatives, April 10, 2013 
An Act To Amend the Laws Governing the Issuance of and Access 
to Birth Certificates and Certain Medical Information 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KENT of Woolwich. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: BERRY of Bowdoinham, CROCKETT of Bethel, DeCHANT of Bath, DION 
of Portland, HICKMAN of Winthrop, PRIEST of Brunswick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §9-310, 2nd ¶, as enacted by PL 1995, c. 694, Pt. C, §7 and 
affected by Pt. E, §2, is amended to read: 
Any medical or genetic information in the court records relating to an adoption must 
be made available to the adopted child upon reaching the age of 18 person and to the 
adopted child's person's descendants, adoptive parents or legal guardian on petition of the 
court. 
Sec. 2.  22 MRSA §2705, sub-§5, as amended by PL 1989, c. 818, §3, is further 
amended to read: 
5.  Amendment following adoption of a person born in a foreign country.  
Amendment of a certificate following adoption or legitimation of a person born in a 
foreign country is governed by section 2765, subsection 2-A. 
Sec. 3.  22 MRSA §2765, sub-§1, as amended by PL 1995, c. 694, Pt. D, §30 and 
affected by Pt. E, §2, is repealed. 
Sec. 4.  22 MRSA §2765, sub-§2-A, as amended by PL 2009, c. 601, §20, is 
further amended to read: 
2-A.  Certificate after adoption of person born in a foreign country.  This 
subsection governs birth certificates after adoption or legitimation of a person born in a 
foreign country. 
A.  When a new birth certificate is established after adoption of a person born in a 
foreign country pursuant to subsection 1, paragraph A, or subsection 1-A, the actual 
place and date of birth, the names and personal data of the adoptive parents at the 
time of the child's birth and the name of the child after adoption must be entered on 
the new birth certificate. 
(1)  At the request of an adopted person who is at least 18 years of age or of the 
adoptive parents of an adopted child under 18 years of age, the new certificate 
must carry a notation that it has been amended, all items that have been revised 
pursuant to the adoption decree must be identified, and the notation "court action" 
and the date of the adoption decree must be shown on the new certificate. 
(2)  If the birth certificate has been annotated pursuant to subparagraph (1), the 
annotation may be deleted in accordance with department regulations at the 
request of an adopted person who is at least 18 years of age or of the adoptive 
parents of an adopted child under 18 years of age. 
B.  When a new certificate is established after legitimation pursuant to subsection 1, 
paragraph B, the actual place and date of birth, the name of the child and the names 
and personal data of both parents at the time of birth must be shown.  
Notwithstanding section 2705, the new certificate may not be marked "amended."  
The new certificate must be filed with all other birth certificates and is not subject to 
the provisions of section 2761, subsection 4. 
C.  When a new certificate of birth is established following adoption or legitimation, 
it must be substituted for the original certificate of birth.  After that substitution, the 
original certificate of birth and the evidence of adoption are not subject to inspection 
except upon order of the Probate Court or the Superior Court or pursuant to section 
2768.  The application for legitimation may be released to persons listed on the 
original birth certificate upon completion of written application to the State Registrar 
of Vital Statistics or the registrar's designee. 
Sec. 5.  22 MRSA §2765, sub-§3 is repealed. 
Sec. 6.  22 MRSA §2765, sub-§5, as amended by PL 2007, c. 409, §3 and 
affected by §6, is repealed. 
Sec. 7.  22 MRSA §2766, as amended by PL 2009, c. 601, §21, is repealed. 
Sec. 8.  22 MRSA §2768, first ¶, as enacted by PL 2007, c. 409, §4 and affected 
by §6, is amended to read: 
An adopted person, the adopted person's attorney or, if the adopted person is 
deceased, the adopted person's descendants may obtain a copy of that person's original 
certificate of birth if that original certificate of birth is sealed from the State Registrar of 
Vital Statistics, referred to in this section as "the state registrar," in accordance with this 
section. 
Sec. 9.  Effective date.  This Act takes effect October 1, 2013. 
SUMMARY 
This bill: 
1.  Eliminates the current restriction that an adoptee be at least 18 years of age for the 
court to release medical or genetic information contained in court records relating to the 
adoption; and 
2.  Repeals the provisions of law that require that an original birth record of an 
adoptee be sealed and that a new certificate of birth be created.