Friday, June 20, 2008

INDIANA LAW UPDATES

There were a couple of bills in Indiana that I had been paying attention to. I was asked by a mother from an email list to be very quiet about it. So I put it on a blog that doesn't get a lot of attention. I kept telling myself over the last few weeks to go back and check on them.

So I checked on HB 1358. It states this:

Synopsis: Civil rights. Extends antidiscrimination and civil rights statutes to include prohibiting discrimination based on sexual orientation, gender identity, national origin, age, disability, and ancestry.

It has gone to the judicial committee this year. We shall see what happens with it this next year. Yes I was paying very close attention to this one. Its been on their bill list for the last couple of years. The ancestry and national origin has my curiosity peaked big time.

Another bill that I was watching is HB 1113. It was actually made into a law. It is effective on July 1, 2008 but however it only goes back to June 30, 2008. It doesn't go all the way back to include all birth certificates.

It states the following:

Birth certificate fraud. Increases from a Class A misdemeanor to a Class D felony the penalty for: (1) making a false or fraudulent statement when applying for a birth certificate or when applying for permission to inspect birth records; (2) altering, counterfeiting, or mutilating a certified copy of a birth certificate; or (3) using an altered, counterfeit, or mutilated copy of a birth certificate.

The actual law states:

HOUSE ENROLLED ACT No. 1113



AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-37-1-12; (08)HE1113.1.1. -->
SECTION 1. IC 16-37-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. A person who, with intent to defraud:
(1) makes a false or fraudulent statement in applying to a local health officer or to the state registrar for a certified copy of a birth certificate;
(2) makes a false or fraudulent statement in applying to the state registrar for permission to inspect public birth records held by the state registrar;
(3) alters, counterfeits, or mutilates a certified copy of a birth certificate issued by a local health officer or by the state registrar; or
(4) uses an altered, a counterfeit, or a mutilated certified copy of a birth certificate;
commits a Class A misdemeanor. Class D felony.
SOURCE: ; (08)HE1113.1.2. --> SECTION 2. [EFFECTIVE JULY 1, 2008] IC 16-37-1-12, as amended by this act, applies only to crimes committed after June 30, 2008.

Isn't the state changing birth certificates when they amend the birth certificate? So aren't they presenting a false or fraudulent statement with these amended birth certificates? It sure seems like it to me. I wonder if anyone will call them on this. So they can't be prosecuted for the amended birth certificates prior to June 30, 2008. I don't care if they are prosecuted but it could open the door for adoptee access.

Last but not least is the Snowflake baby issue. Yes Indiana did address this in a backward way.
The bill number is HB 1075. It went to the public policy committee.

The bill states:

Abandoned embryo adoption. Allows an abandoned embryo to be adopted for implantation by another individual under specified circumstances. States that a person who knowingly or intentionally destroys or discards an abandoned human embryo commits unlawful destruction of an embryo, a Class A misdemeanor.

Just some of the wackiness of Indiana.

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