FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 34-25-16.4 be amended to read as follows:
    34-25-16.4. When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made shall be sealed, filed, and may be opened only upon order of a court of competent jurisdiction, or by the secretary of health for purposes of properly administering the vital registration system or for purposes of complying with section 2 of this Act.
    Section 2. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

    Any adopted person who is at least eighteen years of age and who was born in this state,

such adopted person's attorney, or if such adopted person is deceased, any descendant of such adopted person may obtain a copy of that person's original certificate of birth from the Department of Health by filing a written application with, and providing appropriate proof of identification to, the department. Upon receipt of the written application and proof of identification, the department shall issue a noncertified copy of the unaltered original certificate of birth to the applicant. The department may charge the same fee as provided pursuant to § 34-25-52. If a parent has indicated a no contact preference no original birth certificate may be obtained. The Department of Health may promulgate rules, pursuant to chapter 1-26, for the administration of this section.