HOUSE CONCURRENT RESOLUTION NO. 49
(By Delegates Perdue, Hatfield, Boggs, Campbell, Cann,
Fleischauer, Longstreth, Marshall, Moore, Moye, Pino, Rodighiero,
Stalnaker, Spencer, Wysong, Ashley, Border, Canterbury, Lane,
Miller J., Rowan and Sumner)
(Originating in the Committee on Health and Human Resources)
[February 13, 2008]
Requesting the Joint Committee on Government and Finance to study
the impact of allowing adopted persons access to their
original birth certificates and allowing birth parents to
include contact preference information and medical history
information with original birth certificates.
Whereas, There is growing understanding of the need to know
one's history, heritage, medical and genealogical data; and
Whereas, Denying adult adopted persons access to information
related to their births and adoptions has potentially serious,
negative consequences with regard to their physical and mental
health; and
W
HEREAS
, The United States Surgeon General's Office in its
Family History Initiative has recognized that biological family
history is vital to prevention, early diagnosis and treatment of
diseases and conditions for which individuals may be genetically
predisposed, such as heart disease, cancer and certain mental
health conditions; and
W
HEREAS
, Many adopted persons believe they are entitled to the same basic information about themselves as people reared in their
birth families; and
W
HEREAS
, Adopted persons are the only individuals who, as a
class, are not permitted to routinely obtain their original birth
certificates; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of establishing a process by which an
adult adopted person, the child or children of a deceased adopted
person or an adopted person judged incompetent by a court of law,
or a legal representative of an adopted person may obtain a copy of
that person's original unamended and unaltered birth certificate;
and, be it
Further Resolved, That the Joint Committee on Government
and Finance, as part of the study, consider allowing a birth parent
to include with the child's original birth certificate a form that
indicates whether the parent wishes to be contacted by the child
and an updated medical history form.
Further Resolved, That the Joint Committee of Government
and Finance report to the regular session of the Legislature, 2009,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.