SRC-CDH S.B. 1445 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1445
By: Harris
Jurisprudence
3-24-97
As Filed


DIGEST 

Currently, persons who have been adopted are not allowed access to their
original birth certificate without a court order, which can often be a
long and costly process.  Supplementary birth certificates are provided to
persons who have been adopted, with no indication of the name or address
of the parents.  Often, when adoptees reach adulthood, they need their
birth history and medical records, or want to search for their birth
parents.  This legislation would provide access to original birth
certificates to adults who were adopted as children. 

PURPOSE

As proposed, S.B. 1445 establishes access to birth records by adopted
children. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 192.008, Health and Safety Code, to provide that
the only information that may be changed on a supplementary birth
certificate is the name of the mother, father, or child.  Prohibits the
state registrar from issuing a supplementary birth certificate if a court,
an adoptive parent, or the adoptee, if the adoptee is not less than 12
years of age, requests that a supplementary birth certificate not be
issued.  Requires the state registrar, if the supplementary birth
certificate may not be issued, to furnish a certified copy of the report
of adoption.  Prohibits the rules and procedures from interfering with the
registries established under Chapter 162E, Family Code, rather than
Chapter 49, Human Resources Code.  Provides that a person applying for
access to an original birth certificate and certain filed documents is
entitled to know the file number of the adoption, and the date the
adoption order was rendered.  Authorizes any court of competent
jurisdiction to which the person presents the affidavit to order access to
the documents on which the supplementary certificate is based.  Requires
the state registrar to provide to a person who was adopted a noncertified
copy of the person's original birth certificate if the person is not less
than 21 years of age; a supplementary birth certificate was issued for the
person; the person furnishes appropriate proof of the person's identity;
and the person is registered with a mutual consent voluntary adoption
registry under Chapter 162E, Family Code.  Makes conforming changes.   

SECTION 2. (a)  Effective date:  September 1, 1997.

(b)  Provides that the change in law made by this Act regarding access to
birth certificate information applies without regard to the date an
adoption order is rendered.   

SECTION 3. Emergency clause.