Texas 2017 - 85th Regular

Texas Senate Bill SB329

Filed
12/15/16  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to birth records of adopted persons.

Impact

The enactment of SB329 significantly alters the landscape of laws surrounding adoption and birth records in Texas, intending to provide greater access to information for adopted individuals while also safeguarding the rights of birth parents. This bill will embed new protocols regarding the release of birth records and ensure that birth parents can communicate their preferences regarding contact with their biological children. This shift is crucial for adopted individuals seeking to understand their origins and for birth parents who wish to maintain control over their personal narrative and correspondence.

Summary

SB329 addresses the management of birth records for adopted individuals in Texas. The bill proposes amendments to the Health and Safety Code to allow adult adoptees and certain relatives to request noncertified copies of original birth certificates, under specific conditions that include proof of identity and the individual turning 18 years old. Additionally, it mandates the creation of a contact preference form for birth parents, allowing them to specify their preferences regarding contact with adopted children. This aspect aims to balance the interests of both birth parents and adopted individuals in establishing relationships or maintaining distance as agreed upon by both parties.

Sentiment

The sentiment surrounding SB329 appears to be mixed. Advocates argue that it empowers adopted individuals by granting them access to crucial information about their origins and medical histories, promoting transparency and familial connection. However, there are concerns among some legislators and advocacy groups that the bill may inadvertently pressure birth parents or disrupt their wishes. This dichotomy highlights the sensitive nature of adoption, where emotional, psychological, and social implications intersect, eliciting strong opinions on the best approach moving forward.

Contention

One of the primary points of contention in discussions about SB329 includes the degree of access afforded to adopted individuals versus the latitude granted to birth parents in controlling contact. Some legislators worry that the availability of original birth certificates may lead to unwanted contact or emotional distress for birth parents, while others maintain that access to one's birth information is a fundamental right. Balancing the rights of adopted individuals to know their backgrounds with the privacy and preferences of birth parents represents a central debate in the legislative process surrounding this bill.

Companion Bills

TX HB547

Very Similar Relating to birth records of adopted persons; authorizing a fee.

Previously Filed As

TX HB2006

Relating to birth records of adopted persons; authorizing a fee.

TX SB2237

Relating to birth records of adopted persons; authorizing a fee.

TX HB752

Relating to a change of name and sex for certain persons and the issuance of associated birth records and documentation; authorizing a fee.

TX HB1102

Relating to a change of name and sex for certain persons and the issuance of associated vital records and documentation; authorizing a fee.

TX HB1677

Relating to the issuance of a certified birth record, driver's license, or personal identification certificate to a homeless individual.

TX SB162

Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors.

TX HB1952

Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX HB4966

Relating to law enforcement agency personnel records and the reporting of separations of license holders to the Texas Commission on Law Enforcement.

TX HB4044

Relating to the creation and optional filing of a record of life for an unborn child and the use of a certificate of stillbirth; authorizing fees.

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