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WeVote Research Nonpartisan
Bill Summary · HB 433

Overview

HB 433 (2026 Regular Session, Kentucky) relates to birth certificates in the context of adoption proceedings. The bill reorganizes and clarifies the process by which a new birth certificate is created for adopted children, including confidentiality protections and the handling of information across state lines and foreign births. The core aim appears to be aligning birth certificate records with adoption judgments while restricting access to certain identifying information.

Main purpose and intent

  • To govern the creation and designation of birth certificates for adopted children.
  • To protect sensitive information and limit disclosure of adoptive and biological parent identities, especially for minors.
  • To specify procedural steps for courts, the Cabinet for Health and Family Services (CHFS), and clerks of the circuit court in handling adoption records and birth certificates.

Key provisions and changes

  • Privacy of adoption records

    • Adoption files remain closed to the public. Access is limited to parties to the proceedings, their attorneys, and cabinet representatives, unless the court orders otherwise.
    • After final adoption, records are sealed, with restricted access (sealed envelope or restricted digital file). The records must be kept in a dedicated docket and locked.
    • Disclosure of names or copies of records to non-qualified individuals requires a court order.

  • Creation of a new birth certificate post-adoption

    • Following entry of the adoption judgment, the circuit court clerk must provide information to CHFS necessary to issue a new birth certificate that conforms to a standard form.
    • CHFS must create a new birth record and stamp the original birth certificate as confidential, with access limited to court order.
    • CHFS is to promulgate administrative regulations to create a compliant birth certificate form.

  • Content and restrictions on the new birth certificate

    • If the adopted child is under 18, the new certificate shall not disclose adoption status and shall list the adoptive parent(s) as the legal (biological) parent(s), with exceptions per court order.
    • If a biological parent is deceased, their names may appear on the new certificate if requested by the court, adoptive parents, or the adopted child.
    • The new certificate may include the place of birth (birth location, hospital, attending doctor/midwife) if requested and ordered by the court; the residence of the adoptive parents is considered the birthplace for all legal purposes.
    • If no birth certificate exists for a Kentucky-born child, CHFS will prepare a certificate per information provided by the circuit clerk.

  • Interstate and international considerations

    • If the child was born in another state, the adoption order is sent to that state's vital statistics division for changes per that state's laws.
    • If born in a foreign country, the adoption report is returned to the attorney/agency for submission to the appropriate federal agency.

  • Administrative and implementation details

    • CHFS will supply required forms to circuit clerks.
    • Copies of birth certificates issued after adoption reflect the new certificate, unless a court order specifies otherwise.

Who is affected

  • Adopted children in Kentucky (and potentially their biological and adoptive parents)
  • Circuit Court Clerks and their adoption docket management
  • The Cabinet for Health and Family Services (CHFS), particularly the Division of Vital Statistics
  • Attorneys and agencies involved in adoptions

Procedural and timeline aspects

  • Post-adoption: The clerk must transmit necessary information to CHFS promptly after the judgment.
  • CHFS must issue a new birth certificate and stamp the original as confidential.
  • CHFS is to develop regulations and forms under existing administrative rulemaking processes.
  • In cases involving out-of-state or foreign births, intergovernmental or federal steps are triggered to update records accordingly.

Overall, the bill formalizes and tightens confidentiality around adoption records while standardizing the process for issuing a new birth certificate that reflects an adopted status, with safeguards to protect the identities of minors and compliance with related state and federal processes.

Compiled from official sources — confirm details with the bill’s official record.

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