Texas 2009 - 81st Regular

Texas Senate Bill SB499 Compare Versions

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1	1	By: Lucio, et al. S.B. No. 499
2	2	Substitute the following for S.B. No. 499:
3	3	By: Kolkhorst C.S.S.B. No. 499
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to birth records of adopted children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 192.008, Health and Safety Code, is
11	11	amended by amending Subsection (f) and adding Subsections (g), (h),
12	12	(i), and (j) to read as follows:
13	13	(f) Notwithstanding Subsections (h), (i), and (j), an [An]
14	14	adult adoptee who is applying for access to the person's original
15	15	birth certificate and who knows the identity of each parent named on
16	16	the original birth certificate is entitled to a noncertified copy
17	17	of the original birth certificate without obtaining a court order.
18	18	(g) Subject to Subsections (h), (i), and (j), the state
19	19	registrar shall on request provide to a person who was adopted on or
20	20	after January 1, 2010, or, if the adopted person is deceased, an
21	21	adult descendant, adult sibling, or surviving spouse of the adopted
22	22	person, a noncertified copy of the person's original birth
23	23	certificate if:
24	24	(1) the request is made on or after the adopted
25	25	person's 18th birthday;
26	26	(2) a supplementary birth certificate was issued for
27	27	the adopted person; and
28	28	(3) the person requesting the certificate furnishes
29	29	appropriate proof of the person's identity.
30	30	(h) Except as provided by Subsection (f), if a birth parent
31	31	files with the state registrar a contact preference form indicating
32	32	the birth parent's preference that a noncertified copy of the
33	33	adopted person's original birth certificate not be released, the
34	34	state registrar may not release, without a court order, a
35	35	noncertified copy of the adopted person's original birth
36	36	certificate, regardless of the other birth parent's preference.
37	37	(i) Except as provided by Subsections (f) and (h), if a
38	38	birth parent files with the state registrar a contact preference
39	39	form indicating the birth parent's preference that a noncertified
40	40	copy of the adopted person's original birth certificate not be
41	41	released until after the death of the birth parent, the state
42	42	registrar may not release, without a court order, a noncertified
43	43	copy of the adopted person's original birth certificate before that
44	44	birth parent dies, regardless of the other birth parent's
45	45	preference.
46	46	(j) Except as provided by Subsection (f), if neither birth
47	47	parent has filed a contact preference form with the state
48	48	registrar, the state registrar may not release, without a court
49	49	order, a noncertified copy of the adopted person's original birth
50	50	certificate.
51	51	SECTION 2. Subchapter A, Chapter 192, Health and Safety
52	52	Code, is amended by adding Sections 192.0085, 192.0086, and
53	53	192.0087 to read as follows:
54	54	Sec. 192.0085. CONTACT PREFERENCE FORM AND UPDATED MEDICAL
55	55	HISTORY FORM. (a) The state registrar shall develop a contact
56	56	preference form on which a birth parent shall state the birth
57	57	parent's preference regarding contact by an adopted person who is
58	58	the birth child of the birth parent. The contact preference form
59	59	shall provide the birth parent with the following options:
60	60	(1) authorize direct contact by the adopted person and
61	61	the release of a noncertified copy of the adopted person's original
62	62	birth certificate;
63	63	(2) authorize contact by the adopted person only
64	64	through an intermediary selected by the birth parent and the
65	65	release of a noncertified copy of the adopted person's original
66	66	birth certificate;
67	67	(3) authorize contact by the adopted person only
68	68	through an intermediary selected by the birth parent, but not
69	69	authorize the release of a noncertified copy of the adopted
70	70	person's original birth certificate;
71	71	(4) not authorize contact by the adopted person, but
72	72	authorize the release of a noncertified copy of the adopted
73	73	person's original birth certificate;
74	74	(5) not authorize contact by the adopted person and
75	75	request that a noncertified copy of the adopted person's original
76	76	birth certificate not be released until after the death of the birth
77	77	parent; or
78	78	(6) not authorize contact by the adopted person or the
79	79	release of a noncertified copy of the adopted person's original
80	80	birth certificate.
81	81	(b) The state registrar shall develop an updated medical
82	82	history form that does not contain any personal identifying
83	83	information about either birth parent.
84	84	(c) The state registrar shall make the contact preference
85	85	form and the updated medical history form available in English and
86	86	Spanish.
87	87	(d) The department shall make the contact preference form
88	88	and the updated medical history form available on the department's
89	89	Internet website.
90	90	(e) A birth parent may file an updated contact preference
91	91	form and an updated medical history form with the state registrar.
92	92	The birth parent may return the updated contact preference form and
93	93	updated medical history form together to the state registrar.
94	94	(f) The state registrar shall deliver the birth parent's
95	95	contact preference form and updated medical history form to an
96	96	adopted person who receives a noncertified copy of the adopted
97	97	person's original birth certificate under Section 192.008.
98	98	(g) Notwithstanding a birth parent's contact preference
99	99	under Subsection (a), the state registrar shall deliver to the
100	100	adopted person on the adopted person's request the birth parent's
101	101	updated medical history form.
102	102	(h) If a birth parent has authorized contact under
103	103	Subsection (a), the state registrar shall deliver to the adopted
104	104	person on the adopted person's request the birth parent's contact
105	105	preference form.
106	106	(i) The state registrar may charge an adopted person a
107	107	reasonable fee for services provided under this section.
108	108	Sec. 192.0086. CONTACT USING INTERMEDIARY. (a) If a birth
109	109	parent's contact preference form authorizes contact using an
110	110	intermediary, the state registrar shall make the contact
111	111	information for the intermediary selected by the birth parent
112	112	available to the adopted person on request.
113	113	(b) If the birth parent has not provided the intermediary's
114	114	contact information at the time the adopted person requests the
115	115	information, the state registrar shall notify the birth parent by
116	116	certified mail, return receipt requested, that the birth parent
117	117	must provide the intermediary's contact information not later than
118	118	the 90th day after the date the birth parent receives the notice.
119	119	(c) If the birth parent fails to provide the intermediary's
120	120	contact information within the time required by Subsection (b), the
121	121	central registry shall act as the intermediary for the birth
122	122	parent.
123	123	(d) If the state registrar is unable to notify the birth
124	124	parent by certified mail, return receipt requested, because the
125	125	birth parent fails to keep the birth parent's personal contact
126	126	information current with the state registrar, the central registry
127	127	shall act as the intermediary for the birth parent on or after the
128	128	91st day after the date the notice was sent by certified mail.
129	129	(e) In this section, "central registry" has the meaning
130	130	assigned by Section 162.402, Family Code.
131	131	Sec. 192.0087. REQUIRED COUNSELING BEFORE RELEASE OF
132	132	CERTAIN CONTACT PREFERENCE FORMS. Before the release of a contact
133	133	preference form authorizing contact between an adopted child and a
134	134	birth parent, the state registrar shall require verification in a
135	135	form satisfactory to the state registrar that the adopted child and
136	136	the biological parent have each individually participated in
137	137	counseling for not less than one hour with a social worker or mental
138	138	health professional with expertise in postadoption counseling.
139	139	SECTION 3. Subchapter A, Chapter 162, Family Code, is
140	140	amended by adding Section 162.0061 to read as follows:
141	141	Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND FILING.
142	142	(a) This section does not apply to an adoption by the child's:
143	143	(1) grandparent;
144	144	(2) aunt or uncle by birth, marriage, or prior
145	145	adoption;
146	146	(3) stepparent; or
147	147	(4) adult sibling.
148	148	(b) The Department of Family and Protective Services or the
149	149	licensed child-placing agency, person, or other entity placing a
150	150	child for adoption shall:
151	151	(1) inform the birth parents of the child:
152	152	(A) of the provisions of Chapter 192, Health and
153	153	Safety Code, relating to the birth parent contact preference form
154	154	and the rights of an adopted child to obtain a noncertified copy of
155	155	the adopted person's original birth certificate; and
156	156	(B) that the birth parents are required to
157	157	provide a completed contact preference form to the Department of
158	158	Family and Protective Services or the licensed child-placing
159	159	agency, person, or other entity placing a child for adoption;
160	160	(2) provide the birth parents of the child with a
161	161	contact preference form; and
162	162	(3) forward each original completed contact
163	163	preference form to the state registrar.
164	164	(c) The notification to a child's birth parents required by
165	165	this section shall be provided at the time that the birth parent's
166	166	parental rights to a child are terminated.
167	167	(d) Except as provided by Subsection (e), a petition for
168	168	adoption may not be granted until a copy of each birth parent's
169	169	contact preference form has been filed.
170	170	(e) A court having jurisdiction of a suit affecting the
171	171	parent-child relationship may by order waive the contact preference
172	172	form filing requirement of this section if the child's birth
173	173	parents cannot be located or are deceased or the court determines
174	174	that it is in the best interest of the child to waive the
175	175	requirement.
176	176	SECTION 4. The state registrar shall develop the contact
177	177	preference form and the updated medical history form as required by
178	178	Section 192.0085, Health and Safety Code, as added by this Act, not
179	179	later than January 1, 2010.
180	180	SECTION 5. The change in law made by Section 162.0061,
181	181	Family Code, as added by this Act, applies only to a suit for
182	182	adoption filed on or after January 1, 2010. A suit for adoption
183	183	filed before January 1, 2010, or with respect to which parental
184	184	rights were terminated before January 1, 2010, is governed by the
185	185	law in effect at the time the suit for adoption was filed, and the
186	186	former law is continued in effect for that purpose.
187	187	SECTION 6. This Act takes effect September 1, 2009.