An Act To Amend the Laws Governing the Issuance of Birth Certificates for Adopted Persons Born in Maine
Maine Legislature, Session 128, LD 0505
Committee: Judiciary
Sponsors: DOW, HICKMAN, DESCHAMBAULT, BATTLE, SIMMONS
Amends: 22 MRSA §2765

Legislative Document
No. 505
S.P. 166
In Senate, February 9, 2017
An Act To Amend the Laws Governing the Issuance of Birth 
Certificates for Adopted Persons Born in Maine
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DOW of Lincoln.
Cosponsored by Representative HICKMAN of Winthrop and
Senator: DESCHAMBAULT of York, Representatives: BATTLE of South Portland, 
SIMMONS of Waldoboro.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2765, sub-§1, ¶A, as amended by PL 1995, c. 694, Pt. D, §30 
and affected by Pt. E, §2, is repealed. 
Sec. 2.  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 foreign country or 
legitimation.  This subsection governs birth certificates after adoption of a person born in 
a foreign country or legitimation. 
A.  When a new birth certificate is established after adoption 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 pursuant to 
subsection 1-A 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. 
SUMMARY 
This bill amends the laws governing adoption to eliminate the provision of law that 
requires that upon adoption of a person born in Maine, unless the adoptive parents or 
adopted person who is at least 18 years of age requests otherwise, the original birth 
certificate of the adopted person be sealed and a new certificate showing the adoptive 
parents as the parents of birth be created.