Ding dong. California Assembly Bill 1302 is now dead. There is no need for any further action on the bill.
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TLDR;
AB1302 Is Dead; A Better Bill May Be Coming
California’s AB1302 was initially set for hearing in early January 2024, but it was pulled by request of the author. It then ran out of time to be heard and reported from committee. It is now dead, which is what we want.
A different bill may be introduced in the California Senate, likely in January 2024. It is expected to be an unrestricted equal rights bill.
Current Status
- Last Updated: January 20, 2024
- Status: Dead. Failed to be considered and reported from required committees.
- Where Is It? In the trash can.
- What’s Next?: Nothing. It’s a done deal
- Last Bill Version. The last version of AB1302 is here. It is also analyzed below.
- Legislative Bill Analysis: Committee staff prepared a bill analysis of AB1302, which is here. A second bill analysis was also filed and is available here. As with previous bills introduced in 2001 and in 2009, the bill analyses raise state constitutional questions.
- Opposition. A response to the constitutional question has been filed in opposition to the bill. The response addresses a flawed argument that state constitutional privacy provisions prevent adopted people from obtaining a copy of their own birth records. A second letter discusses the fiscal cost of the bill, which may ultimately be the reason the bill may fail. Numerous organizations oppose the bill.
Submit a Position Letter
You can use the California Legislature’s Position Letter portal to register support or opposition to a bill. This video demonstrates how to create an account and register your position on a bill.
Email Committee Members
We will list emails for the Assembly Health Committee members if it is worth sending them direct emails. In general, the position letter portal is the preferred method for communication on a bill.
Understand the Bill
Our description and analysis of AB1302 is updated at least every day whenever there are changes in the status of the bill.
AB1302. [DIED IN COMMITTEE] A bad bill as introduced; a dumpster fire after amendments. California could be the crown jewel of states if we ever flip it from restricted rights to equal rights. It has the most adopted people of any state and has been one of the most restricted states in the country for decades (it was the first state to seal original birth records, making them unavailable to the adult adopted person later). But it’s a nightmare when a bill pops up from nowhere and is chock full of discriminatory provisions. That’s what AB1302 was initially, and then it got worse. Suffice it to say that, after being laid over for consideration in the 2024 session, the author pulled the bill from consideration in its current assigned committee and it died in committee without further consideration. A longer description and disposition of the bill is here.
Advocacy Tips: California
These are solid articles explaining how best to engage with legislative staff, written from the point of view of lobbyists. Props to Audrey Brown and Ande Scott for providing these and other useful links.
- Practical Tips for Working with California Legislative Staff
- The Use of Floor Alerts in the California Legislature
Social Media Resources
We will provide additional social media resources and images to share as they are developed. Hashtag(s) to use: #NoAB1302
Organizations Opposed to AB1302
If you are an organization or group who wishes to be listed here and on a joint opposition letter, join us here. Organizations listed below are in alphabetical order.
Access Connecticut for Adoptee Rights
Adoptee Advocates of Michigan
Adoptee Rights Coalition
Adoptee Rights Law Center PLLC
Adoptees United Inc.
Adoptive and Foster Family Coalition of New York (AFFCNY)
American Adoption Congress
Bastard Nation: The Adoptee Rights Organization
California Alliance for Adoptee Rights
California Open
Capitol Coalition for Adoptee Rights
Catholic Mothers for Truth and Transparency
Concerned United Birthparents
Georgia Alliance for Adoptee Rights
Louisiana Coalition for Adoption Reform
Mothers for Open Records Everywhere (MORE)
MPower Alliance
Michigan Adoptee Collaborative
Michigan Open Access
National Center on Adoption and Permanency
New England Adoptee Rights Coalition
New York Adoptee Rights Coalition
Texas Adoptee Rights Coalition
Vermont Adoptee Rights Working Group
Sample Messaging
Modify the message as it fits you and to indicate whether you are a constituent or are connected to the state and issue (e.g., you are a California-born adopted person).
Dear Assembly Member [Last Name]:
[I am your constituent and live in [Name of City/Town] at [Address]. I am an [adopted person/birthparent/adoptive parent/other allied identity]. I strongly oppose AB1302, which has been introduced in the Assembly and is assigned to the Judiciary and Health Committees. It is a discriminatory bill and treats adult adopted people as second-class citizens by denying them any meaningful right to a copy of their own birth records, even as adults. California is an outlier on this issue and is far behind such diverse states as Alaska, Kansas, New York, Vermont, Alabama, Louisiana, Oregon, and other states which recognize the inherent right of people to know who they are and where they are from by providing them with an unaltered copy of their own pre-adoption birth certificate.
I ask that you oppose AB1302 and vote against if it comes before you.
This is an extremely important issue for me and for my family. I ask that you review the bill and let me know as soon as possible whether I have your support in opposing AB1302.
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Analysis of AB1302
AB-1302 was initially a bad bill, and it got worse in 2023 after a substantial rewrite. The introduced bill contained court involvement to request your own own birth certificate plus the right of birthparents to file a “disclosure preference form” with two choices: 1) disclose personal identifying information on the original certificate of birth; or 2) redact personal identifying information on the original certificate of birth. The amended version now adopts a legal framework equivalent with bad 1970s sitcoms (see, e.g., Minnesota’s current law or, if you like, “Me and the Chimp“). It retains court involvement and creates a massive bureaucracy centered around one thing: contacting birthparents by “certified or registered mail, restricted delivery, and return receipt requested.” The hand-delivered government notices ask birthparents their opinions on releasing the adopted person’s birth record. From there it just gets more complicated, with a second notice required “150 days or 3 months later, whichever is sooner,” after which there are three general results: 1) release of the OBC if all parents on the birth record agree in writing; 2) redaction of one of two listed birth parents if only one parent agrees in writing; 3) no release at all if nobody bothers to sign for or respond to the certified letter at all (or it’s not deliverable). The bill is also prospective as well as retroactive, though the birth record is released if birthparents are verified as deceased. The bill is an absolute mess, and its rating has now changed from unacceptable to flaming dumpster fire. Assembly Member Tom Lackey (R-Palmdale) is the prime sponsor, and it has three co-authors, one of whom is a Democrat. It was heard and passed out of the Judiciary Committee on a DO PASS recommendation and moved toward consideration in the Assembly Health Committee. The author pulled the bill for further consideration in 2023. While it returned to the Health committee on a very tight deadline in January 2024, Rep. Lackey pulled it again from consideration. It is likely dead for 2024.