By Goolsby H.B. No. 13
76R1966 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, one of whom must be a female, named
1-9 as the mother, and the other of whom must be a male, named as the
1-10 father. The only information that may be changed on the
1-11 supplementary birth certificate is the name of the mother, father,
1-12 or child. [This subsection does not prohibit a single individual,
1-13 male or female, from adopting a child.] Copies of the child's
1-14 birth certificates or birth records may not disclose that the child
1-15 is adopted.
1-16 (b) The state registrar may not issue a supplementary birth
1-17 certificate if a court, an adoptive parent, or an adoptee 12 years
1-18 of age or older requests that a supplementary birth certificate not
1-19 be issued. If the supplementary birth certificate may not be
1-20 issued, the state registrar shall furnish a certified copy of the
1-21 report of adoption.
1-22 (c) After a supplementary birth certificate of an adopted
1-23 child is filed, information disclosed from the record must be from
1-24 the supplementary certificate.
2-1 (d) [(c)] The board shall adopt rules and procedures to
2-2 ensure that birth records and indexes under the control of the
2-3 department or local registrars and accessible to the public do not
2-4 contain information or cross-references through which the
2-5 confidentiality of adoption placements may be directly or
2-6 indirectly violated. The rules and procedures may not interfere
2-7 with the registries established under Subchapter E, Chapter 162,
2-8 Family Code, or with a court order under this section.
2-9 (e) [(d)] Except as provided by Subsections (f) and (g), any
2-10 [Subsection (e), only the] court of competent jurisdiction [that
2-11 granted the adoption] may order access to [an original birth
2-12 certificate and] the filed documents on which a supplementary
2-13 certificate is based.
2-14 (f) [(e)] A person applying for access to an original birth
2-15 certificate and the filed documents on which the supplementary
2-16 certificate is based is entitled to know the identity and location
2-17 of the court that granted the adoption, the docket number of the
2-18 adoption suit, the date the adoption order was rendered and, if
2-19 available, the identity and location of the court that rendered the
2-20 termination order, the docket number for the termination suit, and
2-21 the date the termination was rendered. If that information is not
2-22 on file, the state registrar shall give the person an affidavit
2-23 stating that the information is not on file with the state
2-24 registrar. Any court of competent jurisdiction to which the person
2-25 presents the affidavit may order [the] access to the documents on
2-26 which the supplementary certificate is based.
2-27 (g) The state registrar shall provide to a person who was
3-1 adopted a noncertified copy of the person's original birth
3-2 certificate if:
3-3 (1) the person is 21 years of age or older;
3-4 (2) a supplementary birth certificate was issued for
3-5 the person; and
3-6 (3) the person furnishes proof of the person's
3-7 identity.
3-8 (h) Subsection (a) does not prohibit a single individual,
3-9 male or female, from adopting a child.
3-10 SECTION 2. (a) This Act takes effect September 1, 1999.
3-11 (b) The change in law made by this Act regarding access to
3-12 birth certificate information applies without regard to the date an
3-13 adoption order is rendered.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.