By Goolsby                                      H.B. No. 1835

      75R6661 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to birth records of adopted children.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 192.008, Health and Safety Code, is

 1-5     amended to read as follows:

 1-6           Sec. 192.008.  BIRTH RECORDS OF ADOPTED PERSON.  (a)  The

 1-7     supplementary birth certificate of an adopted child must be in the

 1-8     names of the adoptive parents.  The only information that may be

 1-9     changed on the supplementary birth certificate is the name of the

1-10     mother, father, or child.  Copies of the child's birth certificates

1-11     or birth records may not disclose that the child is adopted.  The

1-12     state registrar may not issue a supplementary birth certificate if

1-13     a court, an adoptive parent, or the adoptee, if the adoptee is not

1-14     less than 12 years of age, requests that a supplementary birth

1-15     certificate not be issued.  If the supplementary birth certificate

1-16     may not be issued, the state registrar shall furnish a certified

1-17     copy of the report of adoption.

1-18           (b)  After a supplementary birth certificate of an adopted

1-19     child is filed, information disclosed from the record must be from

1-20     the supplementary certificate.

1-21           (c)  The board shall adopt rules and procedures to ensure

1-22     that birth records and indexes under the control of the department

1-23     or local registrars and accessible to the public do not contain

1-24     information or cross-references through which the confidentiality

 2-1     of adoption placements may be directly or indirectly violated.  The

 2-2     rules and procedures may not interfere with the registries

 2-3     established under Subchapter E, Chapter 162, Family [Chapter 49,

 2-4     Human Resources] Code, or with a court order under this section.

 2-5           (d)  Except as provided by Subsections [Subsection] (e) and

 2-6     (f), only the court that granted the adoption may order access to

 2-7     [an original birth certificate and] the filed documents on which a

 2-8     supplementary certificate is based.

 2-9           (e)  A person applying for access to an original birth

2-10     certificate and the filed documents on which the supplementary

2-11     certificate is based is entitled to know the identity and location

2-12     of the court that granted the adoption, the file number of the

2-13     adoption, and the date the adoption order was rendered.  If that

2-14     information is not on  file, the state registrar shall give the

2-15     person an affidavit stating that the information is not on file

2-16     with the state registrar.  Any court of competent jurisdiction to

2-17     which the person presents the affidavit may order [the] access to

2-18     the documents on which the supplementary certificate is based.

2-19           (f)  The state registrar shall provide to a person who was

2-20     adopted a noncertified copy of the person's original birth

2-21     certificate if:

2-22                 (1)  the person is not less than 21 years of age;

2-23                 (2)  a supplementary birth certificate was issued for

2-24     the person;

2-25                 (3)  the person furnishes appropriate proof of the

2-26     person's identity; and

2-27                 (4)  the person is registered with a mutual consent

 3-1     voluntary adoption registry under Subchapter E, Chapter 162, Family

 3-2     Code.

 3-3           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 3-4           (b)  The change in law made by this Act regarding access to

 3-5     birth certificate information applies without regard to the date an

 3-6     adoption order is rendered.

 3-7           SECTION 3.  The importance of this legislation and the

 3-8     crowded condition of the calendars in both houses create an

 3-9     emergency and an imperative public necessity that the

3-10     constitutional rule requiring bills to be read on three several

3-11     days in each house be suspended, and this rule is hereby suspended.