By: Moncrief S.B. No. 291
A BILL TO BE ENTITLED
AN ACT
1-1 relating to voluntary adoption registries.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 49, Human Resources Code, is amended to
1-4 read as follows:
1-5 CHAPTER 49. VOLUNTARY ADOPTION REGISTRIES
1-6 Sec. 49.001. PURPOSE
1-7 Sec. 49.002. DEFINITIONS
1-8 Sec. 49.003. ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES
1-9 Sec. 49.004. DETERMINATION OF APPROPRIATE REGISTRY <ADMINISTRATION>
1-10 <Sec. 49.005. CENTRAL INDEX>
1-11 Sec. 49.005 <49.006>. REGISTRATION ELIGIBILITY
1-12 Sec. 49.006 <49.007>. REGISTRATION <APPLICATIONS>
1-13 Sec. 49.007 <49.008>. PROOF OF IDENTITY
1-14 Sec. 49.008 <49.009>. APPLICATION <REGISTRATION>
1-15 <Sec. 49.010. REJECTED APPLICATIONS>
1-16 Sec. 49.009 <49.011>. FEES
1-17 Sec. 49.010 <49.012>. SUPPLEMENTAL INFORMATION
1-18 Sec. 49.011 <49.013>. COUNSELING
1-19 Sec. 49.012 <49.014>. MATCHING PROCEDURES
1-20 <Sec. 49.015. PARTIAL MATCH>
1-21 Sec. 49.013 <49.016>. DISCLOSURE OF IDENTIFYING INFORMATION
1-22 <NOTIFICATION OF MATCH>
1-23 <Sec. 49.017. DISCLOSURE: ADOPTEE AND BIRTH PARENTS>
2-1 <Sec. 49.018. DISCLOSURE: BIOLOGICAL SIBLINGS>
2-2 <Sec. 49.019. IMPOSSIBILITY OF DISCLOSURE>
2-3 Sec. 49.014 <49.020>. REGISTRY RECORDS CONFIDENTIAL
2-4 Sec. 49.015 <49.021>. RULEMAKING
2-5 Sec. 49.016 <49.022>. PROHIBITED ACTS; CRIMINAL PENALTIES
2-6 Sec. 49.017 <49.023>. IMMUNITY FROM LIABILITY
2-7 Sec. 49.001. PURPOSE. The purpose of this chapter is to
2-8 provide for the establishment of mutual consent voluntary adoption
2-9 registries through which adoptees, birth parents, and biological
2-10 siblings may voluntarily locate each other. It is not the purpose
2-11 of this chapter to inhibit or prohibit persons from locating each
2-12 other through other legal means, nor to inhibit or affect in any
2-13 way the provision of postadoptive services and education, by
2-14 adoption agencies or others, which go further than the procedures
2-15 set out for registries established pursuant to this chapter.
2-16 Sec. 49.002. DEFINITIONS. In this chapter:
2-17 (1) "Administrator" means the administrator of a
2-18 mutual consent voluntary adoption registry established under this
2-19 chapter.
2-20 (2) "Adoptee" means a person 18 <21> years old or
2-21 older who has been legally adopted in this state <during his
2-22 minority> or <who was born in this state and legally adopted during
2-23 his minority under the laws of> another state or nation.
2-24 (3) "Adoption" means the act of creating the legal
2-25 relationship of parent and child between a person and a child who
3-1 is not the biological child of that person. "Adoption" does not
3-2 include the act of establishing the legal relationship of parent
3-3 and child between a man and a child through proof of paternity or
3-4 voluntary legitimation proceedings <or the adoption of an adult>.
3-5 (4) "Adoption agency" means a person, other than a
3-6 natural parent or guardian of a child, who plans for the placement
3-7 of or places a child in the home of a prospective adoptive parent.
3-8 (5) "Adoptive parent" means an adult who is a parent
3-9 of an adoptee through a legal process of adoption.
3-10 (6) "Authorized agency" means a public <social
3-11 service> agency authorized to care for children or to place
3-12 children for adoption or a private association, corporation, or
3-13 person approved for that purpose by the Department of Protective
3-14 and Regulatory Services through a license, certification, or other
3-15 means <other person approved for that purpose by the department>.
3-16 "Authorized agency" includes a licensed child-placing agency or a
3-17 previously licensed child-placing <or unlicensed private adoption>
3-18 agency that has ceased operations <as an adoption agency> and has
3-19 transferred its adoption records to the department or an agency
3-20 authorized by the department to place children for adoption and a
3-21 licensed child-placing <or unlicensed adoption> agency that has
3-22 been acquired by, merged with, or otherwise succeeded by an agency
3-23 authorized by the department to place children for adoption.
3-24 (7) "Biological parent" means the man or woman who is
3-25 in fact the father or mother of genetic origin of a child.
4-1 (8) "Biological siblings" means persons <siblings> who
4-2 share a common birth parent.
4-3 (9) "Birth parent" means the biological mother of an
4-4 adoptee; the man deemed by law or adjudicated to be the biological
4-5 father of an adoptee, a presumed <an adoptee's putative> father
4-6 whose name appears on the adoptee's original birth certificate as
4-7 the <adoptee's> father, and an alleged biological <a putative>
4-8 father who has signed a consent to adoption, affidavit of
4-9 relinquishment, affidavit of waiver of interest in child, or other
4-10 written instrument releasing the adoptee for adoption, unless the
4-11 consent, affidavit, or other instrument includes a sworn refusal to
4-12 admit or a denial of paternity. "Birth parent" includes a birth
4-13 mother and birth father but does not include a person adjudicated
4-14 by a court of competent jurisdiction not to be the biological
4-15 parent of an adoptee.
4-16 (10) "Central registry" means the mutual consent
4-17 voluntary adoption registry established and maintained by the
4-18 Department of Protective and Regulatory Services <department> under
4-19 this chapter.
4-20 (11) <"Putative father" means a man who is not deemed
4-21 by law or adjudicated to be the biological father of an adoptee and
4-22 who claims or is alleged to be the adoptee's biological father.>
4-23 <(12)> "Registry" means a mutual consent voluntary
4-24 adoption registry established under this chapter.
4-25 <(13) "Siblings" means two or more persons who share a
5-1 common birth or adoptive parent.>
5-2 Sec. 49.003. ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES.
5-3 (a) The Department of Protective and Regulatory Services
5-4 <department> shall establish and maintain a mutual consent
5-5 voluntary adoption registry.
5-6 (b) Except as provided by Subsection (c) of this section, an
5-7 agency authorized by the department to place children for adoption
5-8 and an association comprised exclusively of those agencies may
5-9 establish a mutual consent voluntary adoption registry. An agency
5-10 may contract with any other agency authorized by the department to
5-11 place children for adoption or with an association comprised
5-12 exclusively of those agencies to perform registry services on its
5-13 behalf.
5-14 (c) An authorized agency that does not directly or by
5-15 contract provide registry services as required by this chapter on
5-16 January 1, 1984, may not provide its own registry service. The
5-17 department shall operate through the central registry those
5-18 services for agencies not permitted to provide a registry under
5-19 this section. An authorized agency that does not provide registry
5-20 services shall file a report with the department on all adoptions
5-21 of minors placed by the agency before January 1, 1984.
5-22 (d) The report required by Subsection (c) of this section
5-23 shall <must> include:
5-24 (1) the name of the adopted child as shown in the
5-25 final adoption decree;
6-1 (2) the birth date of the adopted child;
6-2 (3) the docket number of the adoption suit;
6-3 (4) the identity of the court granting the adoption;
6-4 (5) the date of the final adoption decree;
6-5 (6) the name and last known address of each adoptive
6-6 and biological parent, guardian, managing conservator, or other
6-7 person whose consent to adoption was required <or waived under
6-8 Section 16.05, Family Code,> or whose parental rights were
6-9 terminated in the adoption suit or in any suit affecting the
6-10 parent-child relationship; and
6-11 (7) the identity of the agency through which the
6-12 adopted child was placed.
6-13 <Sec. 49.004. ADMINISTRATION. (a) Each registry shall be
6-14 directed by a registry administrator. The administrator of a
6-15 registry established by an authorized agency may be a person other
6-16 than the administrator of that agency.>
6-17 <(b) The administrator may delegate to deputy administrators
6-18 and staff the duties established by this chapter.>
6-19 Sec. 49.004 <49.005>. DETERMINATION OF APPROPRIATE REGISTRY
6-20 <CENTRAL INDEX>. (a) The administrator of the central registry
6-21 shall determine <compile a central index through which adoptees and
6-22 birth parents may identify> the appropriate registry to <through>
6-23 which the applicant is entitled to apply <to register>.
6-24 (b) <The clerk of the court in which an adoption is granted
6-25 shall, on or before the 10th day of the first month after the month
7-1 in which the adoption is granted, transmit to the administrator of
7-2 the central registry a report of adoption with respect to each
7-3 adoption granted on or after January 1, 1984. The report must
7-4 include the following information:>
7-5 <(1) the name of the adopted child after adoption as
7-6 shown in the final adoption decree;>
7-7 <(2) the birth date of the adopted child;>
7-8 <(3) the docket number of the adoption suit;>
7-9 <(4) the identity of the court granting the adoption;>
7-10 <(5) the date of the final adoption decree;>
7-11 <(6) the name and address of each parent, guardian,
7-12 managing conservator, or other person whose consent to adoption was
7-13 required or waived under Section 16.05, Family Code, or whose
7-14 parental rights were terminated in the adoption suit;>
7-15 <(7) the identity of the authorized agency, if any,
7-16 through which the adopted child was placed for adoption; and>
7-17 <(8) the identity, address, and telephone number of
7-18 the registry through which the adopted child may register as an
7-19 adoptee.>
7-20 <(c) An authorized agency not required by Section 49.003(c)
7-21 of this code to file a report may file with the administrator of
7-22 the central registry a report of adoption with respect to any
7-23 person adopted during minority before January 1, 1984. The report
7-24 may include:>
7-25 <(1) the name of the adopted child as shown in the
8-1 final adoption decree;>
8-2 <(2) the birth date of the adopted child;>
8-3 <(3) the docket number of the adoption suit;>
8-4 <(4) the identity of the court granting the adoption;>
8-5 <(5) the date of the final adoption decree;>
8-6 <(6) the identity of the agency, if any, through which
8-7 the adopted child was placed;>
8-8 <(7) the identity, address, and telephone number of
8-9 the registry through which the adopted child may register as an
8-10 adoptee.>
8-11 <(d)> Upon inquiry by an adoptee, birth parent, or sibling
8-12 who has provided satisfactory proof of age and identity and paid
8-13 all required inquiry fees, the administrator of the central
8-14 registry shall review the information on file in the central index
8-15 and consult with the administrators of other registries in the
8-16 state in order to determine the identity of the appropriate
8-17 registry or registries through which the adoptee, birth parent, or
8-18 sibling may register. <If the index reveals that the adoptee was
8-19 not placed for adoption through an authorized agency, the
8-20 administrator of the central registry shall issue the adoptee an
8-21 official certificate stating that the adoptee is entitled to apply
8-22 for registration through the central registry. If the index
8-23 identifies an authorized agency through which the adoptee was
8-24 placed for adoption, the administrator of the central registry
8-25 shall determine the identity of the registry through which the
9-1 adoptee may register. If the administrator of the central registry
9-2 cannot determine from the index whether or not the adoptee was
9-3 placed for adoption through an authorized agency, the administrator
9-4 of the central registry shall determine the identity of the
9-5 registry with which the adoptee may register.> Each administrator
9-6 shall, within 30 days after receiving an inquiry from the
9-7 administrator of the central registry, respond in writing to the
9-8 inquiry that the registrant was not placed for adoption by any
9-9 agency served by that registry or that the registrant was placed
9-10 for adoption by an agency served by that registry. If the
9-11 registrant was placed for adoption by an agency served by the
9-12 registry, the administrator shall file a report with the
9-13 administrator of the central registry <including the information
9-14 described by Subdivisions (1) through (6) of Subsection (c) of this
9-15 section>. The report shall include:
9-16 (1) the name of the adopted child as shown in the
9-17 final adoption decree;
9-18 (2) the birth date of the adopted child;
9-19 (3) the docket number of the adoption suit;
9-20 (4) the identity of the court granting the adoption;
9-21 (5) the date of the final adoption decree;
9-22 (6) the identity of the agency, if any, through which
9-23 the adopted child was placed; and
9-24 (7) the identity, address, and telephone number of the
9-25 registry through which the adopted child may register as an
10-1 adoptee.
10-2 (c) After completing his investigation, the administrator of
10-3 the central registry shall issue an official certificate stating:
10-4 (1) the identity of the registry through which the
10-5 adoptee, birth parent, or biological sibling may apply for
10-6 registration, if known; or
10-7 (2) if the administrator cannot make a conclusive
10-8 determination, that the adoptee, birth parent, or biological
10-9 sibling is entitled to apply for registration through the central
10-10 registry <and is entitled to apply for registration through other
10-11 registries created under this chapter>.
10-12 Sec. 49.005 <49.006>. REGISTRATION ELIGIBILITY. (a) An
10-13 adoptee who is 18 years old or older may apply to a registry for
10-14 information about his birth parents and biological siblings.
10-15 (b) A birth parent who is 18 <21> years old or older may
10-16 apply to a registry for information about an adoptee who is a child
10-17 by birth of the birth parent.
10-18 (c) A presumed <putative> father who is 18 years old or
10-19 older and who acknowledges paternity but is not, at the time of
10-20 application, a birth father may register as a birth father but may
10-21 not otherwise be recognized as a birth father for the purposes of
10-22 this chapter unless:
10-23 (1) the adoptee's birth mother in her application
10-24 identifies him as the adoptee's biological father; and
10-25 (2) additional information concerning the adoptee
11-1 obtained from other sources is not inconsistent with his claim of
11-2 paternity.
11-3 (d) A biological sibling who is 18 <21> years old or older
11-4 may apply to a <the central> registry for information about his
11-5 adopted biological siblings. <The application must be independent
11-6 of any application submitted by a biological sibling as an adoptee
11-7 for information about his birth parents.>
11-8 (e) Only birth parents, adoptees, and biological siblings
11-9 may apply for information through a registry.
11-10 (f) No person, including an authorized agency, may apply for
11-11 information through a registry as an agent, attorney, or
11-12 representative of an adoptee, birth parent, or biological sibling.
11-13 Sec. 49.006 <49.007>. REGISTRATION <APPLICATIONS>. (a) The
11-14 administrator shall require each registration applicant to sign a
11-15 written<, verified> application.
11-16 (b) An adoptee adopted or placed through an authorized
11-17 agency may <must> register through the registry maintained by that
11-18 agency or the registry to which the agency has delegated registry
11-19 services, or<. An adoptee adopted through an authorized agency may
11-20 not register through any other registry unless the agency through
11-21 which he was adopted or the successor of the agency does not
11-22 maintain a registry, directly or by delegation to another agency,
11-23 in which case the adoptee may register through> the central
11-24 registry maintained by the department.
11-25 (c) Birth parents and biological siblings should apply to
12-1 register through the registry of the authorized agency through
12-2 which the adoptee was adopted or placed. If the proper registry is
12-3 unknown or if the agency's registry refuses the application, birth
12-4 parents and biological siblings may register through the central
12-5 registry <may register through one or more registries>.
12-6 (d) The administrator may not accept an application for
12-7 registration unless:
12-8 (1) the applicant provides proof of identity in
12-9 accordance with Section 49.007 of this code;
12-10 (2) the applicant establishes his eligibility to
12-11 register; and
12-12 (3) the applicant pays all required registration fees.
12-13 (e) Unless earlier withdrawn, a registration remains in full
12-14 force and effect from the date of acceptance for 99 years or for a
12-15 shorter period specified by the registrant in his application.
12-16 (f) A registrant may withdraw his registration in writing
12-17 without charge at any time.
12-18 (g) After withdrawal or expiration of the registration, the
12-19 registrant shall be treated as if he had never registered.
12-20 (h) A complete registry application shall be accepted or
12-21 rejected within 45 days after the date the application is received.
12-22 If the application is rejected, the administrator shall provide the
12-23 applicant with a written statement of the reasons for rejection.
12-24 <Biological siblings registering as biological siblings may
12-25 register through the central registry only.>
13-1 <(e) Each application must contain:>
13-2 <(1) the name, address, and telephone number of the
13-3 applicant;>
13-4 <(2) all other names and aliases by which the
13-5 applicant has been known;>
13-6 <(3) the applicant's name, age, date of birth, and
13-7 place of birth;>
13-8 <(4) the original name of the adoptee, if known;>
13-9 <(5) the adoptive name of the adoptee, if known;>
13-10 <(6) a statement that the applicant is willing to
13-11 allow his identity to be disclosed to those registrants eligible to
13-12 learn his identity;>
13-13 <(7) the name, address, and telephone number of the
13-14 agency or other entity, organization, or person placing the adoptee
13-15 for adoption, if known; or, if not known, a statement that the
13-16 applicant does not know that information;>
13-17 <(8) an authorization to the administrator and his
13-18 delegates to inspect all vital statistics records, court records,
13-19 and agency records, including confidential records, relating to the
13-20 birth, adoption, marriage, and divorce of the applicant or to the
13-21 birth and death of any child or sibling by birth or adoption of the
13-22 applicant;>
13-23 <(9) the specific address to which the applicant
13-24 wishes notice of a successful match to be mailed;>
13-25 <(10) a statement that the applicant either does or
14-1 does not consent to disclosure of identifying information about
14-2 himself after the applicant's death;>
14-3 <(11) a statement that the registration is to be
14-4 effective for 99 years or for a stated shorter period selected by
14-5 the applicant; and>
14-6 <(12) a statement that the adoptee applicant either
14-7 does or does not desire to be informed that registry records
14-8 indicate that the applicant has a biological sibling who has
14-9 registered under this chapter.>
14-10 <(f) The application may contain the applicant's social
14-11 security number if the applicant, after being advised of his right
14-12 not to supply such number, voluntarily furnishes it.>
14-13 <(g) The application of an adoptee must include the names
14-14 and birth dates of all children younger than 21 years old in the
14-15 applicant's adoptive family.>
14-16 <(h) The application of a birth mother must include the
14-17 following information:>
14-18 <(1) the original name and date of birth or
14-19 approximate date of birth of each adoptee with respect to whom she
14-20 is registering;>
14-21 <(2) each name known or thought by the applicant to
14-22 have been used by the adoptee's birth father>;
14-23 <(3) the last known address of the adoptee's birth
14-24 father; and>
14-25 <(4) other information available to her through which
15-1 the birth father may be identified.>
15-2 <(i) The application of the birth father must include the
15-3 following information:>
15-4 <(1) the original name and date of birth or
15-5 approximate date of birth of each adoptee with respect to whom he
15-6 is registering;>
15-7 <(2) each name, including the maiden name, known or
15-8 thought by the applicant to have been used by the adoptee's birth
15-9 mother;>
15-10 <(3) the last known address of the adoptee's birth
15-11 mother; and>
15-12 <(4) other information available to him through which
15-13 the birth mother may be identified.>
15-14 <(j) The application of a biological sibling must include:>
15-15 <(1) a statement explaining the applicant's basis for
15-16 believing that he has one or more biological siblings;>
15-17 <(2) the names of all the applicant's siblings by
15-18 birth and adoption and their dates and places of birth, if known;>
15-19 <(3) the names of his legal parents;>
15-20 <(4) the names of his birth parents, if known; and>
15-21 <(5) any other information known to the applicant
15-22 through which the existence and identity of the applicant's
15-23 biological siblings can be confirmed.>
15-24 <(k) An application may also contain additional information
15-25 through which the applicant's identity and eligibility to register
16-1 may be ascertained.>
16-2 <(l) The administrator shall assist the applicant in filling
16-3 out the application if the applicant is unable to complete the
16-4 application without assistance, but the administrator may not
16-5 furnish the applicant with any substantive information necessary to
16-6 complete the application.>
16-7 Sec. 49.007 <49.008>. PROOF OF IDENTITY. The department's
16-8 rules and minimum standards must provide for proof of identity in
16-9 order to facilitate the purposes of this chapter and to protect the
16-10 privacy rights of adoptees, adoptive parents, birth parents,
16-11 biological siblings, and their families.
16-12 Sec. 49.008 <49.009>. APPLICATION <REGISTRATION>. (a) Each
16-13 application must contain:
16-14 (1) the name, address, and telephone number of the
16-15 applicant;
16-16 (2) all other names and aliases by which the applicant
16-17 has been known;
16-18 (3) the applicant's name, age, date of birth, and
16-19 place of birth;
16-20 (4) the original name of the adoptee, if known;
16-21 (5) the adoptive name of the adoptee, if known;
16-22 (6) a statement that the applicant is willing to allow
16-23 his identity to be disclosed to those registrants eligible to learn
16-24 his identity;
16-25 (7) the name, address, and telephone number of the
17-1 agency or other entity, organization, or person placing the adoptee
17-2 for adoption, if known, or, if not known, a statement that the
17-3 applicant does not know that information;
17-4 (8) an authorization to the administrator and his
17-5 delegates to inspect all vital statistics records, court records,
17-6 and agency records, including confidential records relating to the
17-7 birth, adoption, marriage, or divorce of the applicant or to the
17-8 birth or death of any child or sibling by birth or adoption of the
17-9 applicant;
17-10 (9) the specific address to which the applicant wishes
17-11 notice of a successful match to be mailed;
17-12 (10) a statement that the applicant either does or
17-13 does not consent to disclosure of identifying information about
17-14 himself after the applicant's death;
17-15 (11) a statement that the registration is to be
17-16 effective for 99 years or for a stated shorter period selected by
17-17 the applicant; and
17-18 (12) a statement that the adoptee applicant either
17-19 does or does not desire to be informed that registry records
17-20 indicate that the applicant has a biological sibling who has
17-21 registered under this chapter. <The administrator may not accept
17-22 an application for registration unless:>
17-23 <(1) the applicant provides proof of identity in
17-24 accordance with Section 49.008 of this code;>
17-25 <(2) the applicant establishes his eligibility to
18-1 register;>
18-2 <(3) the administrator has determined that the
18-3 applicant is not required to register with another registry;>
18-4 <(4) the applicant pays all required registration
18-5 fees; and>
18-6 <(5) the counseling required under Section 49.013 of
18-7 this code has been completed.>
18-8 (b) The application may contain the applicant's social
18-9 security number if the applicant, after being advised of his right
18-10 not to supply such number, voluntarily furnishes it. <Unless
18-11 earlier withdrawn, a registration remains in full force and effect
18-12 from the date of acceptance for 99 years or for a shorter period
18-13 specified by the registrant in his application.>
18-14 (c) The application of a birth parent must include the
18-15 following information:
18-16 (1) the original name, date of birth or approximate
18-17 date of birth, and place of birth of each adoptee with respect to
18-18 whom the parent is registering;
18-19 (2) the names of all other birth children, including
18-20 maiden names, aliases, dates and places of birth, and names of the
18-21 birth parents;
18-22 (3) each name known or thought by the applicant to
18-23 have been used by the adoptee's other birth parent;
18-24 (4) the last known address of the adoptee's other
18-25 birth parent; and
19-1 (5) other information available to the applicant
19-2 through which the other birth parent may be identified. <A
19-3 registrant may withdraw his registration without charge at any
19-4 time.>
19-5 (d) The application of a biological sibling must include:
19-6 (1) a statement explaining the applicant's basis for
19-7 believing that the applicant has one or more biological siblings;
19-8 (2) the names, including maiden and married names, and
19-9 aliases of all the applicant's siblings by birth and adoption and
19-10 their dates and places of birth and birth parents, if known;
19-11 (3) the names of the applicant's legal parents;
19-12 (4) the names of the applicant's birth parents, if
19-13 known; and
19-14 (5) any other information known to the applicant
19-15 through which the existence and identity of the applicant's
19-16 biological siblings can be confirmed.
19-17 (e) An application may also contain additional information
19-18 through which the applicant's identity and eligibility to register
19-19 may be ascertained.
19-20 (f) The administrator shall assist the applicant in filling
19-21 out the application if the applicant is unable to complete the
19-22 application without assistance, but the administrator may not
19-23 furnish the applicant with any substantive information necessary to
19-24 complete the application. <After withdrawal or expiration of the
19-25 registration, the registrant shall be treated as if he had never
20-1 registered.>
20-2 <Sec. 49.010. REJECTED APPLICATIONS. (a) Registry
20-3 application shall be accepted or rejected within 45 days after the
20-4 date the application is filed.>
20-5 <(b) If an application is rejected, the administrator shall
20-6 provide the applicant with a written statement of the reasons for
20-7 rejection.>
20-8 <(c) If the basis for rejecting the application is that the
20-9 applicant is required to register through another registry, the
20-10 registry administrator shall identify the registry through which
20-11 the applicant is required to apply, if known.>
20-12 Sec. 49.009 <49.011>. FEES. (a) The costs of establishing,
20-13 operating, and maintaining a registry may be recovered in whole or
20-14 in part through users' fees charged to applicants and registrants.
20-15 (b) Each registry shall establish a schedule of fees for
20-16 services provided by <to users of> the registry. Fees set forth in
20-17 the schedule of fees shall be reasonably related to the direct and
20-18 indirect costs of establishing, operating, and maintaining the
20-19 registry. <The department shall collect from each registrant a
20-20 registration fee of $15 or an amount set as provided under H.B. No.
20-21 894, Acts of the 68th Legislature, Regular Session, 1983, whichever
20-22 amount is the larger.> The fee collected by the department shall
20-23 be deposited in the state treasury to the credit of a special fund
20-24 that may be appropriated only for the administration of the central
20-25 registry. No fees may be charged for withdrawing a registration.
21-1 (c) The administrator may waive users' fees in whole or in
21-2 part if the applicant provides satisfactory proof of financial
21-3 inability to pay such fees.
21-4 Sec. 49.010 <49.012>. SUPPLEMENTAL INFORMATION. (a) A
21-5 registrant may amend his registration and may submit additional
21-6 information to the administrator. A registrant shall notify the
21-7 administrator of any change in his name or address that occurs
21-8 after acceptance of his application.
21-9 (b) The administrator has no duty to search for a registrant
21-10 who fails to register any change of name or address.
21-11 Sec. 49.011 <49.013>. COUNSELING. <(a)> The applicant must
21-12 participate in counseling for at least one hour with a social
21-13 worker or mental health professional with expertise in postadoption
21-14 counseling after <before> the administrator has accepted the <may
21-15 accept his> application and prior to the release of confidential
21-16 information <for registration>.
21-17 <(b) The counseling shall be with a social worker or mental
21-18 health professional employed or designated by the department or
21-19 agency operating the registry.>
21-20 <(c) If the applicant is unwilling or unable to counsel with
21-21 a social worker or mental health professional employed by the
21-22 department or agency operating the registry, the applicant may
21-23 arrange for counseling at his expense with any social worker or
21-24 mental health professional mutually agreeable to the applicant and
21-25 the registry administrator at a location reasonably accessible to
22-1 the applicant.>
22-2 <(d) Counseling fees charged by the department or agency
22-3 operating a registry shall be set forth in the schedule of fees
22-4 required under Section 49.011(b) of this code.>
22-5 <(e) The social worker or mental health professional with
22-6 whom the applicant has counseled shall furnish the applicant and
22-7 the administrator with a written certification that the required
22-8 counseling has been completed.>
22-9 Sec. 49.012 <49.014>. MATCHING PROCEDURES. (a) The
22-10 administrator shall process each registration in an attempt to
22-11 match the adoptee and his birth parents or the adoptee <a
22-12 biological sibling> and his biological siblings.
22-13 (b) The administrator shall determine that there is a match
22-14 if the adult adoptee and<,> the birth mother or<, and> the birth
22-15 father have <each> registered or if a <any two> biological sibling
22-16 has <siblings have> registered. <No match shall be made until the
22-17 youngest living adoptive sibling of an adoptee who shares a common
22-18 birth parent with the adoptee is 21 years old or older.>
22-19 (c) In order to establish or corroborate a match, the
22-20 administrator shall request confirmation of a possible match from
22-21 the bureau of <each> vital statistics <bureau that has possession
22-22 of the adoptee's or biological siblings' original birth records>,
22-23 unless the department or agency operating the registry has in its
22-24 own records sufficient information through which the match may be
22-25 confirmed. The<, in which case, the> administrator may, but is not
23-1 required to, request confirmation from the bureau of <a> vital
23-2 statistics <bureau>. The bureau of <A> vital statistics <bureau>
23-3 may, without breaching any duty of confidentiality to the adoptee,
23-4 adoptive parents, birth parents, or biological siblings involved,
23-5 and without the necessity of a court order, confirm or deny the
23-6 match.
23-7 (d) In order to establish <or corroborate> a match, the
23-8 administrator may also request confirmation of a possible match
23-9 from the agency, if any, which has possession of records concerning
23-10 the adoption of an adoptee, from the court that granted the
23-11 adoption, from the hospital where the adoptee or any biological
23-12 sibling was born, from the physician who delivered the adoptee or
23-13 any biological sibling, or from any other person who has knowledge
23-14 of the relevant facts. The agency, court, hospital, physician, or
23-15 person with knowledge may, without breaching any duty of
23-16 confidentiality to the adoptee, adoptive parents, birth parents, or
23-17 biological siblings involved, confirm or deny the match.
23-18 (e) If a match is denied by any source contacted under
23-19 Subsection (d) of this section, the administrator shall make a full
23-20 and complete investigation into the reliability of the denial. If
23-21 the match is corroborated by other reliable sources and the
23-22 administrator is satisfied that the denial is erroneous, the
23-23 administrator may make disclosures but shall report to the adoptee,
23-24 birth parents, and biological siblings involved that the match was
23-25 not confirmed by all information sources.
24-1 Sec. 49.013. DISCLOSURE OF IDENTIFYING INFORMATION.
24-2 <49.015. PARTIAL MATCH. (a) If the administrator determines that
24-3 an adoptee and either of the adoptee's birth parents have
24-4 registered, disclosures may be made without the registration of the
24-5 other birth parent only if:>
24-6 <(1) the birth parent who did not register, after
24-7 having been served with citation in person, by publication, or by
24-8 other substituted service, defaulted in the suit in which the
24-9 parent-child relationship between the birth parent and the adoptee
24-10 was terminated or declared not to exist;>
24-11 <(2) the adoptee and birth mother of the adoptee have
24-12 registered, and each putative father of the adoptee has either died
24-13 without establishing his paternity or failed to establish his
24-14 paternity after being served with citation in person, by
24-15 publication, or by substituted service in any suit affecting the
24-16 parent-child relationship with respect to the adoptee;>
24-17 <(3) the adoptee and the birth mother of the adoptee
24-18 have registered, and there is no man who is a birth parent of the
24-19 adoptee;>
24-20 <(4) the birth mother submits, or the administrator
24-21 obtains from a court of competent jurisdiction in the state where
24-22 the adoptee's original birth certificate is filed, a copy of a
24-23 judgment declaring that the identity of the adoptee's biological
24-24 father is unknown; or>
24-25 <(5) the administrator verifies that no living man was
25-1 identified and given notice in preadoption legal proceedings of his
25-2 status as the adoptee's biological father and that before January
25-3 1, 1974, either the parent-child relationship between the adoptee
25-4 and the adoptee's birth mother was terminated or the adoptee was
25-5 adopted.>
25-6 <(b) After the requirements of Subsection (a) of this
25-7 section have been satisfied, the administrator shall notify the
25-8 registrants affected of the match.>
25-9 <Sec. 49.016. NOTIFICATION OF MATCH.> (a) When a match has
25-10 been made and confirmed to the administrator's satisfaction, the
25-11 administrator shall mail to each registrant, at his last known
25-12 address, by fax or registered or certified mail, return receipt
25-13 requested, delivery restricted to addressee only, a written notice:
25-14 (1) informing the registrant that a match has been
25-15 made and confirmed;
25-16 (2) reminding the registrant that he may withdraw his
25-17 registration before disclosures are made, if he so desires<, and
25-18 that identifying information about the registrant may be released
25-19 after 30 days in the event the registrant fails to withdraw his
25-20 registration>;
25-21 (3) notifying the registrant that before any
25-22 identifying disclosures are made <to him,> he must:
25-23 (A) sign a written <postmatch> consent to
25-24 disclosure which allows the disclosure of identifying information
25-25 about the other registrants to him and permits the disclosure of
26-1 identifying information about him to the other registrants
26-2 <acknowledging that he continues to desire that disclosures be made
26-3 to him>;
26-4 (B) participate in counseling for at least one
26-5 hour with a social worker or mental health professional with
26-6 expertise in postadoption counseling; and
26-7 (C) provide the administrator with written
26-8 certification that the required counseling has been completed by a
26-9 social worker or mental health professional with expertise in
26-10 postadoption counseling.
26-11 <(4) advising the registrant that additional
26-12 counseling services are available.>
26-13 (b) Identifying information about a registrant shall be
26-14 released without the registrant's having consented after the match
26-15 to disclosure if<:>
26-16 <(1) the registrant fails to withdraw his registration
26-17 within 30 days after receiving the notification of match;>
26-18 <(2) there is no proof that the notification of match
26-19 was received by the registrant within 45 days after the date the
26-20 notification of match was mailed to the registrant and the
26-21 administrator, after making due inquiry to the vital statistics
26-22 bureaus of this state and the state of the registrant's last known
26-23 address, has not within 90 days after the date the notification of
26-24 match was mailed obtained satisfactory proof of the registrant's
26-25 death; or>
27-1 <(3)> the registrant is dead, the registrant's
27-2 registration was valid at the time of his death, and the registrant
27-3 had in writing specifically authorized the postdeath disclosure in
27-4 his application or in a supplemental statement filed with the
27-5 administrator.
27-6 (c) Identifying information about a deceased birth parent
27-7 may not be released until each surviving child of the deceased
27-8 birth parent is an adult or until each <unless the> child's
27-9 surviving parent, guardian, managing conservator, or legal
27-10 custodian consents in writing to the disclosure.
27-11 (d) The administrator shall prepare and release written
27-12 disclosure statements containing identifying information about each
27-13 of the <other to> registrants who have complied with Subsection (a)
27-14 of this section <Section 49.016(a) of this code> if within 60 days
27-15 from the date notification of match was mailed, the <remaining>
27-16 registrant or registrants have not withdrawn their registrations.
27-17 (e) If the administrator establishes that no match can be
27-18 made because of the death of an adoptee, birth parent, or
27-19 biological sibling, the administrator shall promptly notify the
27-20 registrants affected. The administrator shall disclose the reason
27-21 that no match can be made and may disclose nonidentifying
27-22 information concerning the circumstances of death.
27-23 <Sec. 49.017. DISCLOSURE: ADOPTEE AND BIRTH PARENTS.
27-24 (a) The administrator shall prepare disclosure statements and
27-25 schedule disclosure conferences with the registrants entitled to
28-1 disclosure under Section 49.016 of this code.>
28-2 <(b) Except as provided by Subsection (d) of this section,
28-3 identifying information may not be disclosed in any manner other
28-4 than in a face-to-face conference attended in person by the
28-5 registrant entitled to receive such information and a
28-6 representative of the registry or of the agency through which the
28-7 adoptee was adopted.>
28-8 <(c) At a conference, the registrant must be furnished with
28-9 a written disclosure statement including the name, address, and
28-10 telephone number of the registrants affected about whom identifying
28-11 information may be disclosed.>
28-12 <(d) If it would be unduly difficult for a registrant to
28-13 attend a disclosure conference in person, the administrator shall,
28-14 at the request of the registrant and with written permission from
28-15 the other registrants affected, waive the requirement of a
28-16 face-to-face conference and mail the disclosure statement by
28-17 registered or certified mail, return receipt requested, delivery
28-18 restricted to addressee only, to the address specified by the
28-19 registrant.>
28-20 <(e) The registrant shall sign a written statement
28-21 acknowledging receipt of the disclosure statement.>
28-22 <Sec. 49.018. DISCLOSURE: BIOLOGICAL SIBLINGS. (a) The
28-23 administrator shall prepare disclosure statements and schedule
28-24 disclosure conferences with the registrants entitled to disclosure
28-25 under Section 49.016 of this code.>
29-1 <(b) Except as provided by Subsection (d) of this section,
29-2 identifying information may not be disclosed in any manner other
29-3 than in a face-to-face conference attended in person by the
29-4 registrant entitled to receive the information and a representative
29-5 of the registry.>
29-6 <(c) At a conference, the registrant must be furnished with
29-7 a written disclosure statement including the name, address, and
29-8 telephone number of each of the registrant's biological siblings
29-9 about whom identifying information may be released.>
29-10 <(d) If it would be unduly difficult for a registrant to
29-11 attend a disclosure conference in person, the administrator shall,
29-12 at the request of the registrant and with written permission from
29-13 the other registrants affected, waive the requirement of a
29-14 face-to-face conference and mail the disclosure statement by
29-15 registered or certified mail, return receipt requested, delivery
29-16 restricted to addressee only, to the address specified by the
29-17 registrant.>
29-18 <(e) The registrant shall sign a written statement
29-19 acknowledging receipt of the disclosure statement.>
29-20 <Sec. 49.019. IMPOSSIBILITY OF DISCLOSURE. If the
29-21 administrator establishes that no match can be made because of the
29-22 death of an adoptee, birth parent, or biological sibling, the
29-23 administrator shall promptly notify the registrants affected. The
29-24 administrator shall disclose the reason that no match can be made
29-25 and may disclose nonidentifying information concerning the
30-1 circumstances of death.>
30-2 Sec. 49.014 <49.020>. REGISTRY RECORDS CONFIDENTIAL.
30-3 (a) All applications, registrations, records, and other
30-4 information submitted to, obtained by, or otherwise acquired by a
30-5 registry are confidential and may not be disclosed to any person or
30-6 entity except in the manner authorized in this chapter.
30-7 (b) The information acquired by a registry may not be
30-8 disclosed under freedom of information or sunshine legislation,
30-9 rules, or practice.
30-10 (c) A person may not file or prosecute class action
30-11 litigation to force a registry to disclose identifying information
30-12 of any kind.
30-13 Sec. 49.015 <49.021>. RULEMAKING. (a) The department shall
30-14 make rules and promulgate minimum standards to carry out the
30-15 provisions of this chapter and to ensure that each registry
30-16 respects the right to privacy and confidentiality of an adoptee,
30-17 birth parent, and biological sibling who does not desire to
30-18 disclose his identity.
30-19 (b) The department shall conduct a comprehensive review of
30-20 all of its rules and standards under this chapter at least every
30-21 six years.
30-22 (c) Before adopting rules and promulgating minimum
30-23 standards, the department shall send a copy of the proposed rules
30-24 and standards at least 60 days before they take effect to the
30-25 administrator of each registry established under this chapter and
31-1 to the administrator of each agency authorized by the department to
31-2 place children for adoption in order to provide the administrators
31-3 an opportunity to review the proposed rules and standards and send
31-4 written suggestions to the department in connection therewith.
31-5 Sec. 49.016 <49.022>. PROHIBITED ACTS; CRIMINAL PENALTIES.
31-6 (a) Nothing in this chapter prevents <An administrator, employee,
31-7 or agent of the department may not initiate contact with an adult
31-8 adoptee, birth parent, or biological sibling, directly or
31-9 indirectly, for the purpose of requesting or suggesting that the
31-10 adoptee, birth parent, or biological sibling place his name in a
31-11 registry. This subsection does not prevent> the department from
31-12 making known to the public, by appropriate means, the existence of
31-13 voluntary adoption registries.
31-14 (b) Information received by or in connection with the
31-15 operation of a registry may not be stored in any data bank used for
31-16 any purpose other than operation of the registry <or processed
31-17 through any data processing equipment accessible by any person not
31-18 employed by the registry>.
31-19 (c) A person commits an offense if he, in violation of this
31-20 chapter, knowingly or recklessly discloses information from
31-21 registry applications, registrations, records, and other
31-22 information submitted to, obtained by, or otherwise acquired by a
31-23 registry. This subsection shall not be construed to penalize the
31-24 disclosure of information from adoption agency records, as opposed
31-25 to registry records. An offense under this subsection is a felony
32-1 of the second degree.
32-2 (d) A person commits an offense if he, in violation of this
32-3 chapter, by criminal negligence causes or permits the disclosure of
32-4 information from registry applications, registrations, records, and
32-5 other information submitted to, obtained by, or otherwise acquired
32-6 by a registry. This subsection shall not be construed to penalize
32-7 the disclosure of information from adoption agency records, as
32-8 opposed to registry records. An offense under this subsection is a
32-9 Class A misdemeanor.
32-10 (e) A person commits an offense if he impersonates an
32-11 adoptee, birth parent, or biological sibling with the intent to
32-12 secure confidential information from a registry established
32-13 pursuant to this chapter. An offense under this subsection is a
32-14 felony of the second degree.
32-15 (f) A person commits an offense if he impersonates an
32-16 administrator, agent, or employee of a registry with the intent to
32-17 secure confidential information from a registry established
32-18 pursuant to this chapter. An offense under this subsection is a
32-19 felony of the second degree.
32-20 (g) A person commits an offense if he, with intent to
32-21 deceive and with knowledge of the statement's meaning, makes a
32-22 false statement under oath in connection with the operation of a
32-23 registry. An offense under this subsection is a felony of the
32-24 third degree.
32-25 Sec. 49.017 <49.023>. IMMUNITY FROM LIABILITY. (a) Neither
33-1 the department nor an authorized agency establishing or operating a
33-2 registry is liable to any person for obtaining or disclosing
33-3 identifying information about a birth parent, adoptee, or
33-4 biological sibling within the scope of this chapter and under its
33-5 provisions.
33-6 (b) An employee or agent of the department or of any
33-7 authorized agency establishing or operating a registry pursuant to
33-8 this chapter is not liable to any person for obtaining or
33-9 disclosing identifying information about a birth parent, adoptee,
33-10 or biological sibling within the scope of this chapter and under
33-11 its provisions.
33-12 (c) A person or entity furnishing information to the
33-13 administrator or any employee or agent of a registry is not liable
33-14 to any person for disclosing information about a birth parent,
33-15 adoptee, or biological sibling within the scope of this chapter and
33-16 under its provisions.
33-17 (d) A person or entity is not immune from liability for
33-18 performing any act prohibited by Section 49.016 <49.022> of this
33-19 code.
33-20 SECTION 2. Subsection (b), Section 11.17, Family Code, is
33-21 amended to read as follows:
33-22 (b) On entry of an order <a decree> of adoption or on the
33-23 loss <termination> of jurisdiction of a court as provided in
33-24 Section 11.05(d) of this code, the clerk of the court <at
33-25 petitioner's request> shall on or before the 10th day of the first
34-1 month after the month in which the adoption is rendered transmit to
34-2 the central registry of the department:
34-3 (1)(A) a complete file in the case, including all
34-4 pleadings, papers, studies, and records in the suit other than the
34-5 minutes of the court, if the petitioner has requested that the
34-6 complete file be sent; or
34-7 (B) <. The clerk of the court, on entry of a
34-8 decree of adoption, shall send to the department> a certified copy
34-9 of the petition and order <decree> of adoption, excluding<. The
34-10 clerk may not transmit to the department> pleadings, papers,
34-11 studies, and records relating to a suit for divorce or annulment or
34-12 to declare a marriage void; and
34-13 (2) a report of adoption which includes:
34-14 (A) the name of the adopted child after adoption
34-15 as shown in the adoption order;
34-16 (B) the birth date of the adopted child;
34-17 (C) the docket number of the adoption suit;
34-18 (D) the identity of the court rendering the
34-19 adoption;
34-20 (E) the date of the adoption order;
34-21 (F) the name and address of each parent,
34-22 guardian, managing conservator, or other person whose consent to
34-23 adoption was required or waived as provided in Chapter 16 of this
34-24 code, or whose parental rights were terminated in any suit
34-25 affecting the parent-child relationship;
35-1 (G) the identity of the licensed child-placing
35-2 agency, if any, through which the adopted child was placed for
35-3 adoption; and
35-4 (H) the identity, address, and telephone number
35-5 of the registry through which the adopted child may register as an
35-6 adoptee. <When the department receives the complete file or
35-7 petition and decree of adoption, it shall close the records
35-8 concerning that child; and except for statistical purposes, it
35-9 shall not disclose any information concerning the prior proceedings
35-10 affecting the child. Except as provided in Subsection (d) of this
35-11 section, any subsequent inquiries concerning the child shall be
35-12 handled as though the child had not been previously the subject of
35-13 a suit affecting the parent-child relationship. On the receipt of
35-14 additional records concerning a child who has been the subject of a
35-15 suit affecting the parent-child relationship in which the records
35-16 have been closed as required in this section, a new file shall be
35-17 made and maintained as other records required by this section.>
35-18 SECTION 3. This Act takes effect September 1, 1995.
35-19 SECTION 4. The importance of this legislation and the
35-20 crowded condition of the calendars in both houses create an
35-21 emergency and an imperative public necessity that the
35-22 constitutional rule requiring bills to be read on three several
35-23 days in each house be suspended, and this rule is hereby suspended.