Texas 2009 - 81st Regular

Texas Senate Bill SB1277 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3748 JSC-D
2	2	By: Gallegos S.B. No. 1277
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to birth records of adopted children.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 192.008, Health and Safety Code, is
10	10	amended by adding Subsections (g), (h), (i), and (j) to read as
11	11	follows:
12	12	(g) Subject to Subsections (i) and (j), the state registrar
13	13	shall on request provide to a person who was adopted on or after
14	14	January 1, 2010, or, if the adopted person is deceased, an adult
15	15	descendant, adult sibling, or surviving spouse of the adopted
16	16	person a noncertified copy of the person's original birth
17	17	certificate if:
18	18	(1) the request is made on or after the 18th
19	19	anniversary of the adopted person's birth;
20	20	(2) a supplementary birth certificate was issued for
21	21	the adopted person; and
22	22	(3) the person requesting the certificate furnishes
23	23	appropriate proof of the person's identity.
24	24	(h) Subject to Subsections (i) and (j), the state registrar
25	25	may, if resources allow, on request provide to a person who was
26	26	adopted before January 1, 2010, or, if the adopted person is
27	27	deceased, an adult descendant, adult sibling, or surviving spouse
28	28	of the adopted person a noncertified copy of the person's original
29	29	birth certificate only if an adopted person's birth parent has
30	30	filed a contact preference form with the state registrar
31	31	authorizing the release of a noncertified copy of the person's
32	32	original birth certificate.
33	33	(i) If a birth parent files with the state registrar a
34	34	contact preference form indicating the birth parent's preference
35	35	that a noncertified copy of the adopted person's original birth
36	36	certificate not be released, the state registrar may not release,
37	37	without a court order, a noncertified copy of the adopted person's
38	38	original birth certificate regardless of the other birth parent's
39	39	preference.
40	40	(j) If a birth parent files with the state registrar a
41	41	contact preference form indicating the birth parent's preference
42	42	that a noncertified copy of the adopted person's original birth
43	43	certificate not be released until after the death of the birth
44	44	parent, the state registrar may not release, without a court order,
45	45	a noncertified copy of the adopted person's original birth
46	46	certificate before that birth parent dies regardless of the other
47	47	birth parent's preference.
48	48	SECTION 2. Subchapter A, Chapter 192, Health and Safety
49	49	Code, is amended by adding Sections 192.0085 and 192.0086 to read as
50	50	follows:
51	51	Sec. 192.0085. CONTACT PREFERENCE FORM AND UPDATED MEDICAL
52	52	HISTORY FORM. (a) The state registrar shall develop a contact
53	53	preference form on which a birth parent shall state the birth
54	54	parent's preference regarding contact by an adopted person who is
55	55	the birth child of the birth parent. The contact preference form
56	56	shall provide the birth parent with the following options:
57	57	(1) authorize direct contact by the adopted person and
58	58	the release of a noncertified copy of the adopted person's original
59	59	birth certificate;
60	60	(2) authorize contact by the adopted person only
61	61	through an intermediary selected by the birth parent but not
62	62	authorize the release of a noncertified copy of the adopted
63	63	person's original birth certificate;
64	64	(3) not authorize contact by the adopted person but
65	65	authorize the release of a noncertified copy of the adopted
66	66	person's original birth certificate; or
67	67	(4) not authorize contact by the adopted person and
68	68	request that a noncertified copy of the adopted person's original
69	69	birth certificate not be released until after the death of the birth
70	70	parent.
71	71	(b) The state registrar shall develop an updated medical
72	72	history form.
73	73	(c) The state registrar shall make the contact preference
74	74	form and the updated medical history form available in English and
75	75	Spanish.
76	76	(d) The department shall make the contact preference form
77	77	and the updated medical history form available on the department's
78	78	Internet website.
79	79	(e) A birth parent may file an updated contact preference
80	80	form and an updated medical history form with the state registrar.
81	81	The birth parent may return the updated contact preference form and
82	82	updated medical history form together to the state registrar.
83	83	(f) The state registrar shall deliver the birth parent's
84	84	contact preference form and updated medical history form to an
85	85	adopted person who receives a noncertified copy of the adopted
86	86	person's original birth certificate under Section 192.008.
87	87	(g) The state registrar shall keep statistics on:
88	88	(1) the number of:
89	89	(A) updated medical histories filed with the
90	90	state registrar; and
91	91	(B) contact preference forms and updated medical
92	92	history forms delivered by the state registrar under Subsection
93	93	(f); and
94	94	(2) which adoption agency or attorney mediated each
95	95	adoption for which a contact preference form is filed.
96	96	(h) The state registrar may charge an adopted person a
97	97	reasonable fee for services provided under this section.
98	98	Sec. 192.0086. CONTACT USING INTERMEDIARY. (a) If a birth
99	99	parent's contact preference form authorizes contact using an
100	100	intermediary, the state registrar shall make the contact
101	101	information for the intermediary selected by the birth parent
102	102	available to the adopted person on request.
103	103	(b) If the birth parent has not provided the intermediary's
104	104	contact information at the time the adopted person requests the
105	105	information, the state registrar shall notify the birth parent by
106	106	certified mail, return receipt requested, that the birth parent
107	107	must provide the intermediary's contact information not later than
108	108	the 90th day after the date the birth parent receives the notice.
109	109	(c) If the birth parent fails to provide the intermediary's
110	110	contact information within the time required by Subsection (b), the
111	111	state registrar shall release a noncertified copy of the adopted
112	112	person's original birth certificate.
113	113	(d) If the state registrar is unable to notify the birth
114	114	parent by certified mail, return receipt requested, because the
115	115	birth parent fails to keep the birth parent's personal contact
116	116	information current with the state registrar, the state registrar
117	117	shall release a noncertified copy of the adopted person's original
118	118	birth certificate on the 91st day after the date the notice was sent
119	119	by certified mail.
120	120	SECTION 3. Subchapter A, Chapter 162, Family Code, is
121	121	amended by adding Section 162.0061 to read as follows:
122	122	Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND
123	123	FILING. (a) This section does not apply to an adoption by the
124	124	child's:
125	125	(1) grandparent;
126	126	(2) aunt or uncle by birth, marriage, or prior
127	127	adoption;
128	128	(3) stepparent; or
129	129	(4) adult sibling.
130	130	(b) The Department of Family and Protective Services or the
131	131	licensed child-placing agency, person, or other entity placing a
132	132	child for adoption shall:
133	133	(1) inform the birth parents of the child:
134	134	(A) of the provisions of Chapter 192, Health and
135	135	Safety Code, relating to the birth parent contact preference form
136	136	and the rights of an adopted child to obtain a noncertified copy of
137	137	the adopted person's original birth certificate; and
138	138	(B) that the birth parents are required to
139	139	provide a completed contact preference form to the Department of
140	140	Family and Protective Services or the licensed child-placing
141	141	agency, person, or other entity placing a child for adoption;
142	142	(2) provide the birth parents of the child with a
143	143	contact preference form; and
144	144	(3) forward the original completed contact preference
145	145	form to the state registrar.
146	146	(c) A petition for adoption may not be granted until a copy
147	147	of the birth parent's contact preference form has been filed.
148	148	(d) A court having jurisdiction of a suit affecting the
149	149	parent-child relationship may by order waive the contact preference
150	150	form filing requirement of this section if the child's biological
151	151	parents cannot be located or are deceased or the court determines it
152	152	is in the best interest of the child to waive the requirement.
153	153	SECTION 4. (a) The state registrar shall keep statistics on
154	154	the number of contact preference forms that:
155	155	(1) authorize direct contact by the adopted person and
156	156	the release of a noncertified copy of the adopted person's original
157	157	birth certificate;
158	158	(2) authorize contact by the adopted person only
159	159	through an intermediary selected by the birth parent but do not
160	160	authorize the release of a noncertified copy of the adopted
161	161	person's original birth certificate;
162	162	(3) do not authorize contact by the adopted person but
163	163	authorize the release of a noncertified copy of the adopted
164	164	person's original birth certificate; or
165	165	(4) do not authorize contact by the adopted person and
166	166	request that a noncertified copy of the adopted person's original
167	167	birth certificate not be released until after the death of the birth
168	168	parent.
169	169	(b) The state registrar shall report its findings under
170	170	this section to the legislature not later than January 1, 2011.
171	171	SECTION 5. (a) The state registrar may not issue a
172	172	noncertified copy of an original birth certificate under Section
173	173	192.008(h), Health and Safety Code, as added by this Act, before
174	174	January 1, 2011.
175	175	(b) The state registrar shall develop the contact
176	176	preference form and the updated medical history form as required by
177	177	Section 192.0085, Health and Safety Code, as added by this Act, not
178	178	later than January 1, 2010.
179	179	SECTION 6. The change in law made by Section 162.0061,
180	180	Family Code, as added by this Act, applies only to a suit for
181	181	adoption filed on or after January 1, 2010. A suit for adoption
182	182	filed before January 1, 2010, is governed by the law in effect at
183	183	the time the suit for adoption was filed, and the former law is
184	184	continued in effect for that purpose.
185	185	SECTION 7. This Act takes effect September 1, 2009.