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.