1-1 By: Moncrief S.B. No. 291
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 7, 1995, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 7, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to voluntary adoption registries.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 49, Human Resources Code, is amended to
1-11 read as follows:
1-12 CHAPTER 49. VOLUNTARY ADOPTION REGISTRIES
1-13 Sec. 49.001. PURPOSE
1-14 Sec. 49.002. DEFINITIONS
1-15 Sec. 49.003. ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES
1-16 Sec. 49.004. DETERMINATION OF APPROPRIATE REGISTRY <ADMINISTRATION>
1-17 <Sec. 49.005. CENTRAL INDEX>
1-18 Sec. 49.005 <49.006>. REGISTRATION ELIGIBILITY
1-19 Sec. 49.006 <49.007>. REGISTRATION <APPLICATIONS>
1-20 Sec. 49.007 <49.008>. PROOF OF IDENTITY
1-21 Sec. 49.008 <49.009>. APPLICATION <REGISTRATION>
1-22 <Sec. 49.010. REJECTED APPLICATIONS>
1-23 Sec. 49.009 <49.011>. FEES
1-24 Sec. 49.010 <49.012>. SUPPLEMENTAL INFORMATION
1-25 Sec. 49.011 <49.013>. COUNSELING
1-26 Sec. 49.012 <49.014>. MATCHING PROCEDURES
1-27 <Sec. 49.015. PARTIAL MATCH>
1-28 Sec. 49.013 <49.016>. DISCLOSURE OF IDENTIFYING INFORMATION
1-29 <NOTIFICATION OF MATCH>
1-30 <Sec. 49.017. DISCLOSURE: ADOPTEE AND BIRTH PARENTS>
1-31 <Sec. 49.018. DISCLOSURE: BIOLOGICAL SIBLINGS>
1-32 <Sec. 49.019. IMPOSSIBILITY OF DISCLOSURE>
1-33 Sec. 49.014 <49.020>. REGISTRY RECORDS CONFIDENTIAL
1-34 Sec. 49.015 <49.021>. RULEMAKING
1-35 Sec. 49.016 <49.022>. PROHIBITED ACTS; CRIMINAL PENALTIES
1-36 Sec. 49.017 <49.023>. IMMUNITY FROM LIABILITY
1-37 Sec. 49.001. PURPOSE. The purpose of this chapter is to
1-38 provide for the establishment of mutual consent voluntary adoption
1-39 registries through which adoptees, birth parents, and biological
1-40 siblings may voluntarily locate each other. It is not the purpose
1-41 of this chapter to inhibit or prohibit persons from locating each
1-42 other through other legal means, nor to inhibit or affect in any
1-43 way the provision of postadoptive services and education, by
1-44 adoption agencies or others, which go further than the procedures
1-45 set out for registries established pursuant to this chapter.
1-46 Sec. 49.002. DEFINITIONS. In this chapter:
1-47 (1) "Administrator" means the administrator of a
1-48 mutual consent voluntary adoption registry established under this
1-49 chapter.
1-50 (2) "Adoptee" means a person 18 <21> years old or
1-51 older who has been legally adopted in this state <during his
1-52 minority> or <who was born in this state and legally adopted during
1-53 his minority under the laws of> another state or nation.
1-54 (3) "Adoption" means the act of creating the legal
1-55 relationship of parent and child between a person and a child who
1-56 is not the biological child of that person. "Adoption" does not
1-57 include the act of establishing the legal relationship of parent
1-58 and child between a man and a child through proof of paternity or
1-59 voluntary legitimation proceedings <or the adoption of an adult>.
1-60 (4) "Adoption agency" means a person, other than a
1-61 natural parent or guardian of a child, who plans for the placement
1-62 of or places a child in the home of a prospective adoptive parent.
1-63 (5) "Adoptive parent" means an adult who is a parent
1-64 of an adoptee through a legal process of adoption.
1-65 (6) "Authorized agency" means a public <social
1-66 service> agency authorized to care for children or to place
1-67 children for adoption or a private association, corporation, or
1-68 person approved for that purpose by the Department of Protective
2-1 and Regulatory Services through a license, certification, or other
2-2 means <other person approved for that purpose by the department>.
2-3 "Authorized agency" includes a licensed child-placing agency or a
2-4 previously licensed child-placing <or unlicensed private adoption>
2-5 agency that has ceased operations <as an adoption agency> and has
2-6 transferred its adoption records to the department or an agency
2-7 authorized by the department to place children for adoption and a
2-8 licensed child-placing <or unlicensed adoption> agency that has
2-9 been acquired by, merged with, or otherwise succeeded by an agency
2-10 authorized by the department to place children for adoption.
2-11 (7) "Biological parent" means the man or woman who is
2-12 in fact the father or mother of genetic origin of a child.
2-13 (8) "Biological siblings" means persons <siblings> who
2-14 share a common birth parent.
2-15 (9) "Birth parent" means the biological mother of an
2-16 adoptee; the man deemed by law or adjudicated to be the biological
2-17 father of an adoptee, a presumed <an adoptee's putative> father
2-18 whose name appears on the adoptee's original birth certificate as
2-19 the <adoptee's> father, and an alleged biological <a putative>
2-20 father who has signed a consent to adoption, affidavit of
2-21 relinquishment, affidavit of waiver of interest in child, or other
2-22 written instrument releasing the adoptee for adoption, unless the
2-23 consent, affidavit, or other instrument includes a sworn refusal to
2-24 admit or a denial of paternity. "Birth parent" includes a birth
2-25 mother and birth father but does not include a person adjudicated
2-26 by a court of competent jurisdiction not to be the biological
2-27 parent of an adoptee.
2-28 (10) "Central registry" means the mutual consent
2-29 voluntary adoption registry established and maintained by the
2-30 Department of Protective and Regulatory Services <department> under
2-31 this chapter.
2-32 (11) <"Putative father" means a man who is not deemed
2-33 by law or adjudicated to be the biological father of an adoptee and
2-34 who claims or is alleged to be the adoptee's biological father.>
2-35 <(12)> "Registry" means a mutual consent voluntary
2-36 adoption registry established under this chapter.
2-37 <(13) "Siblings" means two or more persons who share a
2-38 common birth or adoptive parent.>
2-39 Sec. 49.003. ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES.
2-40 (a) The Department of Protective and Regulatory Services
2-41 <department> shall establish and maintain a mutual consent
2-42 voluntary adoption registry.
2-43 (b) Except as provided by Subsection (c) of this section, an
2-44 agency authorized by the department to place children for adoption
2-45 and an association comprised exclusively of those agencies may
2-46 establish a mutual consent voluntary adoption registry. An agency
2-47 may contract with any other agency authorized by the department to
2-48 place children for adoption or with an association comprised
2-49 exclusively of those agencies to perform registry services on its
2-50 behalf.
2-51 (c) An authorized agency that does not directly or by
2-52 contract provide registry services as required by this chapter on
2-53 January 1, 1984, may not provide its own registry service. The
2-54 department shall operate through the central registry those
2-55 services for agencies not permitted to provide a registry under
2-56 this section. An authorized agency that does not provide registry
2-57 services shall file a report with the department on all adoptions
2-58 of minors placed by the agency before January 1, 1984.
2-59 (d) The report required by Subsection (c) of this section
2-60 shall <must> include:
2-61 (1) the name of the adopted child as shown in the
2-62 final adoption decree;
2-63 (2) the birth date of the adopted child;
2-64 (3) the docket number of the adoption suit;
2-65 (4) the identity of the court granting the adoption;
2-66 (5) the date of the final adoption decree;
2-67 (6) the name and last known address of each adoptive
2-68 and biological parent, guardian, managing conservator, or other
2-69 person whose consent to adoption was required <or waived under
2-70 Section 16.05, Family Code,> or whose parental rights were
3-1 terminated in the adoption suit or in any suit affecting the
3-2 parent-child relationship; and
3-3 (7) the identity of the agency through which the
3-4 adopted child was placed.
3-5 <Sec. 49.004. ADMINISTRATION. (a) Each registry shall be
3-6 directed by a registry administrator. The administrator of a
3-7 registry established by an authorized agency may be a person other
3-8 than the administrator of that agency.>
3-9 <(b) The administrator may delegate to deputy administrators
3-10 and staff the duties established by this chapter.>
3-11 Sec. 49.004 <49.005>. DETERMINATION OF APPROPRIATE REGISTRY
3-12 <CENTRAL INDEX>. (a) The administrator of the central registry
3-13 shall determine <compile a central index through which adoptees and
3-14 birth parents may identify> the appropriate registry to <through>
3-15 which the applicant is entitled to apply <to register>.
3-16 (b) <The clerk of the court in which an adoption is granted
3-17 shall, on or before the 10th day of the first month after the month
3-18 in which the adoption is granted, transmit to the administrator of
3-19 the central registry a report of adoption with respect to each
3-20 adoption granted on or after January 1, 1984. The report must
3-21 include the following information:>
3-22 <(1) the name of the adopted child after adoption as
3-23 shown in the final adoption decree;>
3-24 <(2) the birth date of the adopted child;>
3-25 <(3) the docket number of the adoption suit;>
3-26 <(4) the identity of the court granting the adoption;>
3-27 <(5) the date of the final adoption decree;>
3-28 <(6) the name and address of each parent, guardian,
3-29 managing conservator, or other person whose consent to adoption was
3-30 required or waived under Section 16.05, Family Code, or whose
3-31 parental rights were terminated in the adoption suit;>
3-32 <(7) the identity of the authorized agency, if any,
3-33 through which the adopted child was placed for adoption; and>
3-34 <(8) the identity, address, and telephone number of
3-35 the registry through which the adopted child may register as an
3-36 adoptee.>
3-37 <(c) An authorized agency not required by Section 49.003(c)
3-38 of this code to file a report may file with the administrator of
3-39 the central registry a report of adoption with respect to any
3-40 person adopted during minority before January 1, 1984. The report
3-41 may include:>
3-42 <(1) the name of the adopted child as shown in the
3-43 final adoption decree;>
3-44 <(2) the birth date of the adopted child;>
3-45 <(3) the docket number of the adoption suit;>
3-46 <(4) the identity of the court granting the adoption;>
3-47 <(5) the date of the final adoption decree;>
3-48 <(6) the identity of the agency, if any, through which
3-49 the adopted child was placed;>
3-50 <(7) the identity, address, and telephone number of
3-51 the registry through which the adopted child may register as an
3-52 adoptee.>
3-53 <(d)> Upon inquiry by an adoptee, birth parent, or sibling
3-54 who has provided satisfactory proof of age and identity and paid
3-55 all required inquiry fees, the administrator of the central
3-56 registry shall review the information on file in the central index
3-57 and consult with the administrators of other registries in the
3-58 state in order to determine the identity of the appropriate
3-59 registry or registries through which the adoptee, birth parent, or
3-60 sibling may register. <If the index reveals that the adoptee was
3-61 not placed for adoption through an authorized agency, the
3-62 administrator of the central registry shall issue the adoptee an
3-63 official certificate stating that the adoptee is entitled to apply
3-64 for registration through the central registry. If the index
3-65 identifies an authorized agency through which the adoptee was
3-66 placed for adoption, the administrator of the central registry
3-67 shall determine the identity of the registry through which the
3-68 adoptee may register. If the administrator of the central registry
3-69 cannot determine from the index whether or not the adoptee was
3-70 placed for adoption through an authorized agency, the administrator
4-1 of the central registry shall determine the identity of the
4-2 registry with which the adoptee may register.> Each administrator
4-3 shall, within 30 days after receiving an inquiry from the
4-4 administrator of the central registry, respond in writing to the
4-5 inquiry that the registrant was not placed for adoption by any
4-6 agency served by that registry or that the registrant was placed
4-7 for adoption by an agency served by that registry. If the
4-8 registrant was placed for adoption by an agency served by the
4-9 registry, the administrator shall file a report with the
4-10 administrator of the central registry <including the information
4-11 described by Subdivisions (1) through (6) of Subsection (c) of this
4-12 section>. The report shall include:
4-13 (1) the name of the adopted child as shown in the
4-14 final adoption decree;
4-15 (2) the birth date of the adopted child;
4-16 (3) the docket number of the adoption suit;
4-17 (4) the identity of the court granting the adoption;
4-18 (5) the date of the final adoption decree;
4-19 (6) the identity of the agency, if any, through which
4-20 the adopted child was placed; and
4-21 (7) the identity, address, and telephone number of the
4-22 registry through which the adopted child may register as an
4-23 adoptee.
4-24 (c) After completing his investigation, the administrator of
4-25 the central registry shall issue an official certificate stating:
4-26 (1) the identity of the registry through which the
4-27 adoptee, birth parent, or biological sibling may apply for
4-28 registration, if known; or
4-29 (2) if the administrator cannot make a conclusive
4-30 determination, that the adoptee, birth parent, or biological
4-31 sibling is entitled to apply for registration through the central
4-32 registry <and is entitled to apply for registration through other
4-33 registries created under this chapter>.
4-34 <(e) Upon inquiry by a birth parent who has provided
4-35 satisfactory proof of identity and age, and paid all required
4-36 inquiry fees, the administrator of the central registry shall
4-37 review the information on file in the central index and consult
4-38 with the administrators of other registries in the state in order
4-39 to determine the identity of the appropriate registry or registries
4-40 through which the birth parent may register. Each administrator
4-41 shall, within 30 days after receiving an inquiry from the
4-42 administrator of the central registry, respond in writing to the
4-43 inquiry. After completing his investigation, the administrator of
4-44 the central registry shall provide the birth parent with a written
4-45 statement either identifying the name, address, and telephone
4-46 number of each registry through which registration would be
4-47 appropriate or stating that after diligent inquiry the
4-48 administrator cannot determine the specific registry or registries
4-49 through which registration would be appropriate.>
4-50 Sec. 49.005 <49.006>. REGISTRATION ELIGIBILITY. (a) An
4-51 adoptee who is 18 years old or older may apply to a registry for
4-52 information about his birth parents and biological siblings.
4-53 (b) A birth parent who is 18 <21> years old or older may
4-54 apply to a registry for information about an adoptee who is a child
4-55 by birth of the birth parent.
4-56 (c) A presumed <putative> father who is 18 years old or
4-57 older and who acknowledges paternity but is not, at the time of
4-58 application, a birth father may register as a birth father but may
4-59 not otherwise be recognized as a birth father for the purposes of
4-60 this chapter unless:
4-61 (1) the adoptee's birth mother in her application
4-62 identifies him as the adoptee's biological father; and
4-63 (2) additional information concerning the adoptee
4-64 obtained from other sources is not inconsistent with his claim of
4-65 paternity.
4-66 (d) A biological sibling who is 18 <21> years old or older
4-67 may apply to a <the central> registry for information about his
4-68 adopted biological siblings. <The application must be independent
4-69 of any application submitted by a biological sibling as an adoptee
4-70 for information about his birth parents.>
5-1 (e) Only birth parents, adoptees, and biological siblings
5-2 may apply for information through a registry.
5-3 (f) No person, including an authorized agency, may apply for
5-4 information through a registry as an agent, attorney, or
5-5 representative of an adoptee, birth parent, or biological sibling.
5-6 Sec. 49.006 <49.007>. REGISTRATION <APPLICATIONS>. (a) The
5-7 administrator shall require each registration applicant to sign a
5-8 written<, verified> application.
5-9 (b) An adoptee adopted or placed through an authorized
5-10 agency may <must> register through the registry maintained by that
5-11 agency or the registry to which the agency has delegated registry
5-12 services or<. An adoptee adopted through an authorized agency may
5-13 not register through any other registry unless the agency through
5-14 which he was adopted or the successor of the agency does not
5-15 maintain a registry, directly or by delegation to another agency,
5-16 in which case the adoptee may register through> the central
5-17 registry maintained by the department.
5-18 (c) Birth parents and biological siblings should apply to
5-19 register through the registry of the authorized agency through
5-20 which the adoptee was adopted or placed. If the proper registry is
5-21 unknown or if the agency's registry refuses the application, birth
5-22 parents and biological siblings may register through the central
5-23 registry <may register through one or more registries>.
5-24 (d) The administrator may not accept an application for
5-25 registration unless:
5-26 (1) the applicant provides proof of identity in
5-27 accordance with Section 49.007 of this code;
5-28 (2) the applicant establishes his eligibility to
5-29 register; and
5-30 (3) the applicant pays all required registration fees.
5-31 (e) Unless earlier withdrawn, a registration remains in full
5-32 force and effect from the date of acceptance for 99 years or for a
5-33 shorter period specified by the registrant in his application.
5-34 (f) A registrant may withdraw his registration in writing
5-35 without charge at any time.
5-36 (g) After withdrawal or expiration of the registration, the
5-37 registrant shall be treated as if he had never registered.
5-38 (h) A complete registry application shall be accepted or
5-39 rejected within 45 days after the date the application is received.
5-40 If the application is rejected, the administrator shall provide the
5-41 applicant with a written statement of the reasons for rejection.
5-42 <Biological siblings registering as biological siblings may
5-43 register through the central registry only.>
5-44 <(e) Each application must contain:>
5-45 <(1) the name, address, and telephone number of the
5-46 applicant;>
5-47 <(2) all other names and aliases by which the
5-48 applicant has been known;>
5-49 <(3) the applicant's name, age, date of birth, and
5-50 place of birth;>
5-51 <(4) the original name of the adoptee, if known;>
5-52 <(5) the adoptive name of the adoptee, if known;>
5-53 <(6) a statement that the applicant is willing to
5-54 allow his identity to be disclosed to those registrants eligible to
5-55 learn his identity;>
5-56 <(7) the name, address, and telephone number of the
5-57 agency or other entity, organization, or person placing the adoptee
5-58 for adoption, if known; or, if not known, a statement that the
5-59 applicant does not know that information;>
5-60 <(8) an authorization to the administrator and his
5-61 delegates to inspect all vital statistics records, court records,
5-62 and agency records, including confidential records, relating to the
5-63 birth, adoption, marriage, and divorce of the applicant or to the
5-64 birth and death of any child or sibling by birth or adoption of the
5-65 applicant;>
5-66 <(9) the specific address to which the applicant
5-67 wishes notice of a successful match to be mailed;>
5-68 <(10) a statement that the applicant either does or
5-69 does not consent to disclosure of identifying information about
5-70 himself after the applicant's death;>
6-1 <(11) a statement that the registration is to be
6-2 effective for 99 years or for a stated shorter period selected by
6-3 the applicant; and>
6-4 <(12) a statement that the adoptee applicant either
6-5 does or does not desire to be informed that registry records
6-6 indicate that the applicant has a biological sibling who has
6-7 registered under this chapter.>
6-8 <(f) The application may contain the applicant's social
6-9 security number if the applicant, after being advised of his right
6-10 not to supply such number, voluntarily furnishes it.>
6-11 <(g) The application of an adoptee must include the names
6-12 and birth dates of all children younger than 21 years old in the
6-13 applicant's adoptive family.>
6-14 <(h) The application of a birth mother must include the
6-15 following information:>
6-16 <(1) the original name and date of birth or
6-17 approximate date of birth of each adoptee with respect to whom she
6-18 is registering;>
6-19 <(2) each name known or thought by the applicant to
6-20 have been used by the adoptee's birth father>;
6-21 <(3) the last known address of the adoptee's birth
6-22 father; and>
6-23 <(4) other information available to her through which
6-24 the birth father may be identified.>
6-25 <(i) The application of the birth father must include the
6-26 following information:>
6-27 <(1) the original name and date of birth or
6-28 approximate date of birth of each adoptee with respect to whom he
6-29 is registering;>
6-30 <(2) each name, including the maiden name, known or
6-31 thought by the applicant to have been used by the adoptee's birth
6-32 mother;>
6-33 <(3) the last known address of the adoptee's birth
6-34 mother; and>
6-35 <(4) other information available to him through which
6-36 the birth mother may be identified.>
6-37 <(j) The application of a biological sibling must include:>
6-38 <(1) a statement explaining the applicant's basis for
6-39 believing that he has one or more biological siblings;>
6-40 <(2) the names of all the applicant's siblings by
6-41 birth and adoption and their dates and places of birth, if known;>
6-42 <(3) the names of his legal parents;>
6-43 <(4) the names of his birth parents, if known; and>
6-44 <(5) any other information known to the applicant
6-45 through which the existence and identity of the applicant's
6-46 biological siblings can be confirmed.>
6-47 <(k) An application may also contain additional information
6-48 through which the applicant's identity and eligibility to register
6-49 may be ascertained.>
6-50 <(l) The administrator shall assist the applicant in filling
6-51 out the application if the applicant is unable to complete the
6-52 application without assistance, but the administrator may not
6-53 furnish the applicant with any substantive information necessary to
6-54 complete the application.>
6-55 Sec. 49.007 <49.008>. PROOF OF IDENTITY. The department's
6-56 rules and minimum standards must provide for proof of identity in
6-57 order to facilitate the purposes of this chapter and to protect the
6-58 privacy rights of adoptees, adoptive parents, birth parents,
6-59 biological siblings, and their families.
6-60 Sec. 49.008 <49.009>. APPLICATION <REGISTRATION>. (a) Each
6-61 application must contain:
6-62 (1) the name, address, and telephone number of the
6-63 applicant;
6-64 (2) all other names and aliases by which the applicant
6-65 has been known;
6-66 (3) the applicant's age, date of birth, and place of
6-67 birth;
6-68 (4) the original name of the adoptee, if known;
6-69 (5) the adoptive name of the adoptee, if known;
6-70 (6) a statement that the applicant is willing to allow
7-1 his identity to be disclosed to those registrants eligible to learn
7-2 his identity;
7-3 (7) the name, address, and telephone number of the
7-4 agency or other entity, organization, or person placing the adoptee
7-5 for adoption, if known, or, if not known, a statement that the
7-6 applicant does not know that information;
7-7 (8) an authorization to the administrator and his
7-8 delegates to inspect all vital statistics records, court records,
7-9 and agency records, including confidential records relating to the
7-10 birth, adoption, marriage, or divorce of the applicant or to the
7-11 birth or death of any child or sibling by birth or adoption of the
7-12 applicant;
7-13 (9) the specific address to which the applicant wishes
7-14 notice of a successful match to be mailed;
7-15 (10) a statement that the applicant either does or
7-16 does not consent to disclosure of identifying information about
7-17 himself after the applicant's death;
7-18 (11) a statement that the registration is to be
7-19 effective for 99 years or for a stated shorter period selected by
7-20 the applicant; and
7-21 (12) a statement that the adoptee applicant either
7-22 does or does not desire to be informed that registry records
7-23 indicate that the applicant has a biological sibling who has
7-24 registered under this chapter. <The administrator may not accept
7-25 an application for registration unless:>
7-26 <(1) the applicant provides proof of identity in
7-27 accordance with Section 49.008 of this code;>
7-28 <(2) the applicant establishes his eligibility to
7-29 register;>
7-30 <(3) the administrator has determined that the
7-31 applicant is not required to register with another registry;>
7-32 <(4) the applicant pays all required registration
7-33 fees; and>
7-34 <(5) the counseling required under Section 49.013 of
7-35 this code has been completed.>
7-36 (b) The application may contain the applicant's social
7-37 security number if the applicant, after being advised of his right
7-38 not to supply such number, voluntarily furnishes it. <Unless
7-39 earlier withdrawn, a registration remains in full force and effect
7-40 from the date of acceptance for 99 years or for a shorter period
7-41 specified by the registrant in his application.>
7-42 (c) The application of a birth parent must include the
7-43 following information:
7-44 (1) the original name, date of birth or approximate
7-45 date of birth, and place of birth of each adoptee with respect to
7-46 whom the parent is registering;
7-47 (2) the names of all other birth children, including
7-48 maiden names, aliases, dates and places of birth, and names of the
7-49 birth parents;
7-50 (3) each name known or thought by the applicant to
7-51 have been used by the adoptee's other birth parent;
7-52 (4) the last known address of the adoptee's other
7-53 birth parent; and
7-54 (5) other information available to the applicant
7-55 through which the other birth parent may be identified. <A
7-56 registrant may withdraw his registration without charge at any
7-57 time.>
7-58 (d) The application of a biological sibling must include:
7-59 (1) a statement explaining the applicant's basis for
7-60 believing that the applicant has one or more biological siblings;
7-61 (2) the names, including maiden and married names, and
7-62 aliases of all the applicant's siblings by birth and adoption and
7-63 their dates and places of birth and birth parents, if known;
7-64 (3) the names of the applicant's legal parents;
7-65 (4) the names of the applicant's birth parents, if
7-66 known; and
7-67 (5) any other information known to the applicant
7-68 through which the existence and identity of the applicant's
7-69 biological siblings can be confirmed.
7-70 (e) An application may also contain additional information
8-1 through which the applicant's identity and eligibility to register
8-2 may be ascertained.
8-3 (f) The administrator shall assist the applicant in filling
8-4 out the application if the applicant is unable to complete the
8-5 application without assistance, but the administrator may not
8-6 furnish the applicant with any substantive information necessary to
8-7 complete the application. <After withdrawal or expiration of the
8-8 registration, the registrant shall be treated as if he had never
8-9 registered.>
8-10 <Sec. 49.010. REJECTED APPLICATIONS. (a) Registry
8-11 application shall be accepted or rejected within 45 days after the
8-12 date the application is filed.>
8-13 <(b) If an application is rejected, the administrator shall
8-14 provide the applicant with a written statement of the reasons for
8-15 rejection.>
8-16 <(c) If the basis for rejecting the application is that the
8-17 applicant is required to register through another registry, the
8-18 registry administrator shall identify the registry through which
8-19 the applicant is required to apply, if known.>
8-20 Sec. 49.009 <49.011>. FEES. (a) The costs of establishing,
8-21 operating, and maintaining a registry may be recovered in whole or
8-22 in part through users' fees charged to applicants and registrants.
8-23 (b) Each registry shall establish a schedule of fees for
8-24 services provided by <to users of> the registry. Fees set forth in
8-25 the schedule of fees shall be reasonably related to the direct and
8-26 indirect costs of establishing, operating, and maintaining the
8-27 registry. <The department shall collect from each registrant a
8-28 registration fee of $15 or an amount set as provided under H.B. No.
8-29 894, Acts of the 68th Legislature, Regular Session, 1983, whichever
8-30 amount is the larger.> The fee collected by the department shall
8-31 be deposited in the state treasury to the credit of a special fund
8-32 that may be appropriated only for the administration of the central
8-33 registry. No fees may be charged for withdrawing a registration.
8-34 (c) The administrator may waive users' fees in whole or in
8-35 part if the applicant provides satisfactory proof of financial
8-36 inability to pay such fees.
8-37 Sec. 49.010 <49.012>. SUPPLEMENTAL INFORMATION. (a) A
8-38 registrant may amend his registration and may submit additional
8-39 information to the administrator. A registrant shall notify the
8-40 administrator of any change in his name or address that occurs
8-41 after acceptance of his application.
8-42 (b) The administrator has no duty to search for a registrant
8-43 who fails to register any change of name or address.
8-44 Sec. 49.011 <49.013>. COUNSELING. <(a)> The applicant must
8-45 participate in counseling for at least one hour with a social
8-46 worker or mental health professional with expertise in postadoption
8-47 counseling after <before> the administrator has accepted the <may
8-48 accept his> application and prior to the release of confidential
8-49 information <for registration>.
8-50 <(b) The counseling shall be with a social worker or mental
8-51 health professional employed or designated by the department or
8-52 agency operating the registry.>
8-53 <(c) If the applicant is unwilling or unable to counsel with
8-54 a social worker or mental health professional employed by the
8-55 department or agency operating the registry, the applicant may
8-56 arrange for counseling at his expense with any social worker or
8-57 mental health professional mutually agreeable to the applicant and
8-58 the registry administrator at a location reasonably accessible to
8-59 the applicant.>
8-60 <(d) Counseling fees charged by the department or agency
8-61 operating a registry shall be set forth in the schedule of fees
8-62 required under Section 49.011(b) of this code.>
8-63 <(e) The social worker or mental health professional with
8-64 whom the applicant has counseled shall furnish the applicant and
8-65 the administrator with a written certification that the required
8-66 counseling has been completed.>
8-67 Sec. 49.012 <49.014>. MATCHING PROCEDURES. (a) The
8-68 administrator shall process each registration in an attempt to
8-69 match the adoptee and his birth parents or the adoptee <a
8-70 biological sibling> and his biological siblings.
9-1 (b) The administrator shall determine that there is a match
9-2 if the adult adoptee and<,> the birth mother or<, and> the birth
9-3 father have <each> registered or if a <any two> biological sibling
9-4 has <siblings have> registered. <No match shall be made until the
9-5 youngest living adoptive sibling of an adoptee who shares a common
9-6 birth parent with the adoptee is 21 years old or older.>
9-7 (c) In order to establish or corroborate a match, the
9-8 administrator shall request confirmation of a possible match from
9-9 the bureau of <each> vital statistics <bureau that has possession
9-10 of the adoptee's or biological siblings' original birth records>,
9-11 unless the department or agency operating the registry has in its
9-12 own records sufficient information through which the match may be
9-13 confirmed. The<, in which case, the> administrator may, but is not
9-14 required to, request confirmation from the bureau of <a> vital
9-15 statistics <bureau>. The bureau of <A> vital statistics <bureau>
9-16 may, without breaching any duty of confidentiality to the adoptee,
9-17 adoptive parents, birth parents, or biological siblings involved,
9-18 and without the necessity of a court order, confirm or deny the
9-19 match.
9-20 (d) In order to establish <or corroborate> a match, the
9-21 administrator may also request confirmation of a possible match
9-22 from the agency, if any, which has possession of records concerning
9-23 the adoption of an adoptee, from the court that granted the
9-24 adoption, from the hospital where the adoptee or any biological
9-25 sibling was born, from the physician who delivered the adoptee or
9-26 any biological sibling, or from any other person who has knowledge
9-27 of the relevant facts. The agency, court, hospital, physician, or
9-28 person with knowledge may, without breaching any duty of
9-29 confidentiality to the adoptee, adoptive parents, birth parents, or
9-30 biological siblings involved, confirm or deny the match.
9-31 (e) If a match is denied by any source contacted under
9-32 Subsection (d) of this section, the administrator shall make a full
9-33 and complete investigation into the reliability of the denial. If
9-34 the match is corroborated by other reliable sources and the
9-35 administrator is satisfied that the denial is erroneous, the
9-36 administrator may make disclosures but shall report to the adoptee,
9-37 birth parents, and biological siblings involved that the match was
9-38 not confirmed by all information sources.
9-39 Sec. 49.013. DISCLOSURE OF IDENTIFYING INFORMATION.
9-40 <49.015. PARTIAL MATCH. (a) If the administrator determines that
9-41 an adoptee and either of the adoptee's birth parents have
9-42 registered, disclosures may be made without the registration of the
9-43 other birth parent only if:>
9-44 <(1) the birth parent who did not register, after
9-45 having been served with citation in person, by publication, or by
9-46 other substituted service, defaulted in the suit in which the
9-47 parent-child relationship between the birth parent and the adoptee
9-48 was terminated or declared not to exist;>
9-49 <(2) the adoptee and birth mother of the adoptee have
9-50 registered, and each putative father of the adoptee has either died
9-51 without establishing his paternity or failed to establish his
9-52 paternity after being served with citation in person, by
9-53 publication, or by substituted service in any suit affecting the
9-54 parent-child relationship with respect to the adoptee;>
9-55 <(3) the adoptee and the birth mother of the adoptee
9-56 have registered, and there is no man who is a birth parent of the
9-57 adoptee;>
9-58 <(4) the birth mother submits, or the administrator
9-59 obtains from a court of competent jurisdiction in the state where
9-60 the adoptee's original birth certificate is filed, a copy of a
9-61 judgment declaring that the identity of the adoptee's biological
9-62 father is unknown; or>
9-63 <(5) the administrator verifies that no living man was
9-64 identified and given notice in preadoption legal proceedings of his
9-65 status as the adoptee's biological father and that before January
9-66 1, 1974, either the parent-child relationship between the adoptee
9-67 and the adoptee's birth mother was terminated or the adoptee was
9-68 adopted.>
9-69 <(b) After the requirements of Subsection (a) of this
9-70 section have been satisfied, the administrator shall notify the
10-1 registrants affected of the match.>
10-2 <Sec. 49.016. NOTIFICATION OF MATCH.> (a) When a match has
10-3 been made and confirmed to the administrator's satisfaction, the
10-4 administrator shall mail to each registrant, at his last known
10-5 address, by fax or registered or certified mail, return receipt
10-6 requested, delivery restricted to addressee only, a written notice:
10-7 (1) informing the registrant that a match has been
10-8 made and confirmed;
10-9 (2) reminding the registrant that he may withdraw his
10-10 registration before disclosures are made, if he so desires<, and
10-11 that identifying information about the registrant may be released
10-12 after 30 days in the event the registrant fails to withdraw his
10-13 registration>;
10-14 (3) notifying the registrant that before any
10-15 identifying disclosures are made <to him,> he must:
10-16 (A) sign a written <postmatch> consent to
10-17 disclosure which allows the disclosure of identifying information
10-18 about the other registrants to him and permits the disclosure of
10-19 identifying information about him to the other registrants
10-20 <acknowledging that he continues to desire that disclosures be made
10-21 to him>;
10-22 (B) participate in counseling for at least one
10-23 hour with a social worker or mental health professional with
10-24 expertise in postadoption counseling; and
10-25 (C) provide the administrator with written
10-26 certification that the required counseling has been completed by a
10-27 social worker or mental health professional with expertise in
10-28 postadoption counseling.
10-29 <(4) advising the registrant that additional
10-30 counseling services are available.>
10-31 (b) Identifying information about a registrant shall be
10-32 released without the registrant's having consented after the match
10-33 to disclosure if<:>
10-34 <(1) the registrant fails to withdraw his registration
10-35 within 30 days after receiving the notification of match;>
10-36 <(2) there is no proof that the notification of match
10-37 was received by the registrant within 45 days after the date the
10-38 notification of match was mailed to the registrant and the
10-39 administrator, after making due inquiry to the vital statistics
10-40 bureaus of this state and the state of the registrant's last known
10-41 address, has not within 90 days after the date the notification of
10-42 match was mailed obtained satisfactory proof of the registrant's
10-43 death; or>
10-44 <(3)> the registrant is dead, the registrant's
10-45 registration was valid at the time of his death, and the registrant
10-46 had in writing specifically authorized the postdeath disclosure in
10-47 his application or in a supplemental statement filed with the
10-48 administrator.
10-49 (c) Identifying information about a deceased birth parent
10-50 may not be released until each surviving child of the deceased
10-51 birth parent is an adult or until each <unless the> child's
10-52 surviving parent, guardian, managing conservator, or legal
10-53 custodian consents in writing to the disclosure.
10-54 (d) The administrator shall prepare and release written
10-55 disclosure statements containing identifying information about each
10-56 of the <other to> registrants who have complied with Subsection (a)
10-57 of this section <Section 49.016(a) of this code> if within 60 days
10-58 from the date notification of match was mailed, the <remaining>
10-59 registrant or registrants have not withdrawn their registrations.
10-60 (e) If the administrator establishes that no match can be
10-61 made because of the death of an adoptee, birth parent, or
10-62 biological sibling, the administrator shall promptly notify the
10-63 registrants affected. The administrator shall disclose the reason
10-64 that no match can be made and may disclose nonidentifying
10-65 information concerning the circumstances of death.
10-66 <Sec. 49.017. DISCLOSURE: ADOPTEE AND BIRTH PARENTS.
10-67 (a) The administrator shall prepare disclosure statements and
10-68 schedule disclosure conferences with the registrants entitled to
10-69 disclosure under Section 49.016 of this code.>
10-70 <(b) Except as provided by Subsection (d) of this section,
11-1 identifying information may not be disclosed in any manner other
11-2 than in a face-to-face conference attended in person by the
11-3 registrant entitled to receive such information and a
11-4 representative of the registry or of the agency through which the
11-5 adoptee was adopted.>
11-6 <(c) At a conference, the registrant must be furnished with
11-7 a written disclosure statement including the name, address, and
11-8 telephone number of the registrants affected about whom identifying
11-9 information may be disclosed.>
11-10 <(d) If it would be unduly difficult for a registrant to
11-11 attend a disclosure conference in person, the administrator shall,
11-12 at the request of the registrant and with written permission from
11-13 the other registrants affected, waive the requirement of a
11-14 face-to-face conference and mail the disclosure statement by
11-15 registered or certified mail, return receipt requested, delivery
11-16 restricted to addressee only, to the address specified by the
11-17 registrant.>
11-18 <(e) The registrant shall sign a written statement
11-19 acknowledging receipt of the disclosure statement.>
11-20 <Sec. 49.018. DISCLOSURE: BIOLOGICAL SIBLINGS. (a) The
11-21 administrator shall prepare disclosure statements and schedule
11-22 disclosure conferences with the registrants entitled to disclosure
11-23 under Section 49.016 of this code.>
11-24 <(b) Except as provided by Subsection (d) of this section,
11-25 identifying information may not be disclosed in any manner other
11-26 than in a face-to-face conference attended in person by the
11-27 registrant entitled to receive the information and a representative
11-28 of the registry.>
11-29 <(c) At a conference, the registrant must be furnished with
11-30 a written disclosure statement including the name, address, and
11-31 telephone number of each of the registrant's biological siblings
11-32 about whom identifying information may be released.>
11-33 <(d) If it would be unduly difficult for a registrant to
11-34 attend a disclosure conference in person, the administrator shall,
11-35 at the request of the registrant and with written permission from
11-36 the other registrants affected, waive the requirement of a
11-37 face-to-face conference and mail the disclosure statement by
11-38 registered or certified mail, return receipt requested, delivery
11-39 restricted to addressee only, to the address specified by the
11-40 registrant.>
11-41 <(e) The registrant shall sign a written statement
11-42 acknowledging receipt of the disclosure statement.>
11-43 <Sec. 49.019. IMPOSSIBILITY OF DISCLOSURE. If the
11-44 administrator establishes that no match can be made because of the
11-45 death of an adoptee, birth parent, or biological sibling, the
11-46 administrator shall promptly notify the registrants affected. The
11-47 administrator shall disclose the reason that no match can be made
11-48 and may disclose nonidentifying information concerning the
11-49 circumstances of death.>
11-50 Sec. 49.014 <49.020>. REGISTRY RECORDS CONFIDENTIAL.
11-51 (a) All applications, registrations, records, and other
11-52 information submitted to, obtained by, or otherwise acquired by a
11-53 registry are confidential and may not be disclosed to any person or
11-54 entity except in the manner authorized in this chapter.
11-55 (b) The information acquired by a registry may not be
11-56 disclosed under freedom of information or sunshine legislation,
11-57 rules, or practice.
11-58 (c) A person may not file or prosecute class action
11-59 litigation to force a registry to disclose identifying information
11-60 of any kind.
11-61 Sec. 49.015 <49.021>. RULEMAKING. (a) The department shall
11-62 make rules and promulgate minimum standards to carry out the
11-63 provisions of this chapter and to ensure that each registry
11-64 respects the right to privacy and confidentiality of an adoptee,
11-65 birth parent, and biological sibling who does not desire to
11-66 disclose his identity.
11-67 (b) The department shall conduct a comprehensive review of
11-68 all of its rules and standards under this chapter at least every
11-69 six years.
11-70 (c) Before adopting rules and promulgating minimum
12-1 standards, the department shall send a copy of the proposed rules
12-2 and standards at least 60 days before they take effect to the
12-3 administrator of each registry established under this chapter and
12-4 to the administrator of each agency authorized by the department to
12-5 place children for adoption in order to provide the administrators
12-6 an opportunity to review the proposed rules and standards and send
12-7 written suggestions to the department in connection therewith.
12-8 Sec. 49.016 <49.022>. PROHIBITED ACTS; CRIMINAL PENALTIES.
12-9 (a) Nothing in this chapter prevents <An administrator, employee,
12-10 or agent of the department may not initiate contact with an adult
12-11 adoptee, birth parent, or biological sibling, directly or
12-12 indirectly, for the purpose of requesting or suggesting that the
12-13 adoptee, birth parent, or biological sibling place his name in a
12-14 registry. This subsection does not prevent> the department from
12-15 making known to the public, by appropriate means, the existence of
12-16 voluntary adoption registries.
12-17 (b) Information received by or in connection with the
12-18 operation of a registry may not be stored in any data bank used for
12-19 any purpose other than operation of the registry <or processed
12-20 through any data processing equipment accessible by any person not
12-21 employed by the registry>.
12-22 (c) A person commits an offense if he, in violation of this
12-23 chapter, knowingly or recklessly discloses information from
12-24 registry applications, registrations, records, and other
12-25 information submitted to, obtained by, or otherwise acquired by a
12-26 registry. This subsection shall not be construed to penalize the
12-27 disclosure of information from adoption agency records, as opposed
12-28 to registry records. An offense under this subsection is a felony
12-29 of the second degree.
12-30 (d) A person commits an offense if he, in violation of this
12-31 chapter, by criminal negligence causes or permits the disclosure of
12-32 information from registry applications, registrations, records, and
12-33 other information submitted to, obtained by, or otherwise acquired
12-34 by a registry. This subsection shall not be construed to penalize
12-35 the disclosure of information from adoption agency records, as
12-36 opposed to registry records. An offense under this subsection is a
12-37 Class A misdemeanor.
12-38 (e) A person commits an offense if he impersonates an
12-39 adoptee, birth parent, or biological sibling with the intent to
12-40 secure confidential information from a registry established
12-41 pursuant to this chapter. An offense under this subsection is a
12-42 felony of the second degree.
12-43 (f) A person commits an offense if he impersonates an
12-44 administrator, agent, or employee of a registry with the intent to
12-45 secure confidential information from a registry established
12-46 pursuant to this chapter. An offense under this subsection is a
12-47 felony of the second degree.
12-48 (g) A person commits an offense if he, with intent to
12-49 deceive and with knowledge of the statement's meaning, makes a
12-50 false statement under oath in connection with the operation of a
12-51 registry. An offense under this subsection is a felony of the
12-52 third degree.
12-53 Sec. 49.017 <49.023>. IMMUNITY FROM LIABILITY. (a) Neither
12-54 the department nor an authorized agency establishing or operating a
12-55 registry is liable to any person for obtaining or disclosing
12-56 identifying information about a birth parent, adoptee, or
12-57 biological sibling within the scope of this chapter and under its
12-58 provisions.
12-59 (b) An employee or agent of the department or of any
12-60 authorized agency establishing or operating a registry pursuant to
12-61 this chapter is not liable to any person for obtaining or
12-62 disclosing identifying information about a birth parent, adoptee,
12-63 or biological sibling within the scope of this chapter and under
12-64 its provisions.
12-65 (c) A person or entity furnishing information to the
12-66 administrator or any employee or agent of a registry is not liable
12-67 to any person for disclosing information about a birth parent,
12-68 adoptee, or biological sibling within the scope of this chapter and
12-69 under its provisions.
12-70 (d) A person or entity is not immune from liability for
13-1 performing any act prohibited by Section 49.016 <49.022> of this
13-2 code.
13-3 SECTION 2. Subsection (b), Section 11.17, Family Code, is
13-4 amended to read as follows:
13-5 (b) On entry of an order <a decree> of adoption or on the
13-6 loss <termination> of jurisdiction of a court as provided in
13-7 Section 11.05(d) of this code, the clerk of the court <at
13-8 petitioner's request> shall on or before the 10th day of the first
13-9 month after the month in which the adoption is rendered transmit to
13-10 the central registry of the department:
13-11 (1)(A) a complete file in the case, including all
13-12 pleadings, papers, studies, and records in the suit other than the
13-13 minutes of the court, if the petitioner has requested that the
13-14 complete file be sent; or
13-15 (B) <. The clerk of the court, on entry of a
13-16 decree of adoption, shall send to the department> a certified copy
13-17 of the petition and order <decree> of adoption, excluding<. The
13-18 clerk may not transmit to the department> pleadings, papers,
13-19 studies, and records relating to a suit for divorce or annulment or
13-20 to declare a marriage void; and
13-21 (2) a report of adoption which includes:
13-22 (A) the name of the adopted child after adoption
13-23 as shown in the adoption order;
13-24 (B) the birth date of the adopted child;
13-25 (C) the docket number of the adoption suit;
13-26 (D) the identity of the court rendering the
13-27 adoption;
13-28 (E) the date of the adoption order;
13-29 (F) the name and address of each parent,
13-30 guardian, managing conservator, or other person whose consent to
13-31 adoption was required or waived as provided in Chapter 16 of this
13-32 code, or whose parental rights were terminated in any suit
13-33 affecting the parent-child relationship;
13-34 (G) the identity of the licensed child-placing
13-35 agency, if any, through which the adopted child was placed for
13-36 adoption; and
13-37 (H) the identity, address, and telephone number
13-38 of the registry through which the adopted child may register as an
13-39 adoptee. <When the department receives the complete file or
13-40 petition and decree of adoption, it shall close the records
13-41 concerning that child; and except for statistical purposes, it
13-42 shall not disclose any information concerning the prior proceedings
13-43 affecting the child. Except as provided in Subsection (d) of this
13-44 section, any subsequent inquiries concerning the child shall be
13-45 handled as though the child had not been previously the subject of
13-46 a suit affecting the parent-child relationship. On the receipt of
13-47 additional records concerning a child who has been the subject of a
13-48 suit affecting the parent-child relationship in which the records
13-49 have been closed as required in this section, a new file shall be
13-50 made and maintained as other records required by this section.>
13-51 SECTION 3. This Act takes effect September 1, 1995.
13-52 SECTION 4. The importance of this legislation and the
13-53 crowded condition of the calendars in both houses create an
13-54 emergency and an imperative public necessity that the
13-55 constitutional rule requiring bills to be read on three several
13-56 days in each house be suspended, and this rule is hereby suspended.
13-57 * * * * *