By: England H.B. No. 4470
A BILL TO BE ENTITLED
AN ACT
relating to birth records of adopted children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.008, Health and Safety Code, is
amended by adding Subsections (g) through (j) to read as follows:
(g) Subject to Subsections (i) and (j), the state registrar
shall on request provide to a person who was adopted on or after
January 1, 2010, or, if the adopted person is deceased, an adult
descendant, adult sibling, or surviving spouse of the adopted
person, a noncertified copy of the person's original birth
certificate if:
(1) the request is made on or after the 18th
anniversary of the adopted person's birth;
(2) a supplementary birth certificate was issued for
the adopted person; and
(3) the person requesting the certificate furnishes
appropriate proof of the person's identity.
(h) Subject to Subsections (i) and (j), the state registrar
may, if resources allow, on request provide to a person who was
adopted before January 1, 2010, or, if the adopted person is
deceased, an adult descendant, adult sibling, or surviving spouse
of the adopted person, a noncertified copy of the person's original
birth certificate only if an adopted person's birth parent has
filed a contact preference form with the state registrar
authorizing the release of a noncertified copy of the person's
original birth certificate.
(i) If a birth parent files with the state registrar a
contact preference form indicating the birth parent's preference
that a noncertified copy of the adopted person's original birth
certificate not be released, the state registrar may not release,
without a court order, a noncertified copy of the adopted person's
original birth certificate regardless of the other birth parent's
preference.
(j) If a birth parent files with the state registrar a
contact preference form indicating the birth parent's preference
that a noncertified copy of the adopted person's original birth
certificate not be released until after the death of the birth
parent, the state registrar may not release, without a court order,
a noncertified copy of the adopted person's original birth
certificate before that birth parent dies regardless of the other
birth parent's preference.
SECTION 2. Subchapter A, Chapter 192, Health and Safety
Code, is amended by adding Sections 192.0085 and 192.0086 to read as
follows:
Sec. 192.0085. CONTACT PREFERENCE FORM AND UPDATED MEDICAL
HISTORY FORM. (a) The state registrar shall develop a contact
preference form on which a birth parent shall state the birth
parent's preference regarding contact by an adopted person who is
the birth child of the birth parent. The contact preference form
shall provide the birth parent with the following options:
(1) authorize direct contact by the adopted person and
the release of a noncertified copy of the adopted person's original
birth certificate;
(2) authorize contact by the adopted person only
through an intermediary selected by the birth parent but not
authorize the release of a noncertified copy of the adopted
person's original birth certificate;
(3) not authorize contact by the adopted person but
authorize the release of a noncertified copy of the adopted
person's original birth certificate; or
(4) not authorize contact by the adopted person and
request that a noncertified copy of the adopted person's original
birth certificate not be released until after the death of the birth
parent.
(b) The state registrar shall develop an updated medical
history form.
(c) The state registrar shall make the contact preference
form and the updated medical history form available in English and
Spanish.
(d) The department shall make the contact preference form
and the updated medical history form available on the department's
Internet website.
(e) A birth parent may file an updated contact preference
form and an updated medical history form with the state registrar.
The birth parent may return the updated contact preference form and
updated medical history form together to the state registrar.
(f) The state registrar shall deliver the birth parent's
contact preference form and updated medical history form to an
adopted person who receives a noncertified copy of the adopted
person's original birth certificate under Section 192.008.
(g) The state registrar shall keep statistics on:
(1) the number of:
(A) updated medical histories filed with the
state registrar; and
(B) contact preference forms and updated medical
history forms delivered by the state registrar under Subsection
(f); and
(2) which adoption agency or attorney mediated each
adoption for which a contact preference form is filed.
(h) The state registrar may charge an adopted person a
reasonable fee for services provided under this section.
Sec. 192.0086. CONTACT USING INTERMEDIARY. (a) If a birth
parent's contact preference form authorizes contact using an
intermediary, the state registrar shall make the contact
information for the intermediary selected by the birth parent
available to the adopted person on request.
(b) If the birth parent has not provided the intermediary's
contact information at the time the adopted person requests the
information, the state registrar shall notify the birth parent by
certified mail, return receipt requested, that the birth parent
must provide the intermediary's contact information not later than
the 90th day after the date the birth parent receives the notice.
(c) If the birth parent fails to provide the intermediary's
contact information within the time required by Subsection (b), the
state registrar shall release a noncertified copy of the adopted
person's original birth certificate.
(d) If the state registrar is unable to notify the birth
parent by certified mail, return receipt requested, because the
birth parent fails to keep the birth parent's personal contact
information current with the state registrar, the state registrar
shall release a noncertified copy of the adopted person's original
birth certificate on the 91st day after the date the notice was sent
by certified mail.
SECTION 3. Subchapter A, Chapter 162, Family Code, is
amended by adding Section 162.0061 to read as follows:
Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND FILING.
(a) This section does not apply to an adoption by the child's:
(1) grandparent;
(2) aunt or uncle by birth, marriage, or prior
adoption;
(3) stepparent; or
(4) adult sibling.
(b) The Department of Family and Protective Services or the
licensed child-placing agency, person, or other entity placing a
child for adoption shall:
(1) inform the birth parents of the child:
(A) of the provisions of Chapter 192, Health and
Safety Code, relating to the birth parent contact preference form
and the rights of an adopted child to obtain a noncertified copy of
the adopted person's original birth certificate; and
(B) that the birth parents are required to
provide a completed contact preference form to the Department of
Family and Protective Services or the licensed child-placing
agency, person, or other entity placing a child for adoption;
(2) provide the birth parents of the child with a
contact preference form; and
(3) forward each original completed contact
preference form to the state registrar.
(c) A petition for adoption may not be granted until a copy
of the birth parent's contact preference form has been filed.
(d) A court having jurisdiction of a suit affecting the
parent-child relationship may by order waive the contact preference
form filing requirement of this section if the child's biological
parents cannot be located or are deceased or the court determines it
is in the best interest of the child to waive the requirement.
SECTION 4. (a) The state registrar shall keep statistics on
the number of contact preference forms that:
(1) authorize direct contact by the adopted person and
the release of a noncertified copy of the adopted person's original
birth certificate;
(2) authorize contact by the adopted person only
through an intermediary selected by the birth parent, but do not
authorize the release of a noncertified copy of the adopted
person's original birth certificate;
(3) do not authorize contact by the adopted person,
but authorize the release of a noncertified copy of the adopted
person's original birth certificate; or
(4) do not authorize contact by the adopted person and
request that a noncertified copy of the adopted person's original
birth certificate not be released until after the death of the birth
parent.
(b) The state registrar shall report its findings under
this section to the legislature not later than January 1, 2011.
SECTION 5. (a) The state registrar may not issue a
noncertified copy of an original birth certificate under Subsection
(h), Section 192.008, Health and Safety Code, as added by this Act,
before January 1, 2011.
(b) The state registrar shall develop the contact
preference form and the updated medical history form as required by
Section 192.0085, Health and Safety Code, as added by this Act, not
later than January 1, 2010.
SECTION 6. The change in law made by Section 162.0061,
Family Code, as added by this Act, applies only to a suit for
adoption filed on or after January 1, 2010. A suit for adoption
filed before January 1, 2010, is governed by the law in effect at
the time the suit for adoption was filed, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.