By Goolsby H.B. No. 1767
77R5390 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain information available to adopted persons.
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 by amending Subsection (d) and adding Subsection (f) to
1-6 read as follows:
1-7 (d) Except as provided by Subsections [Subsection] (e) and
1-8 (f), only the court that granted the adoption may order access to
1-9 an original birth certificate and the filed documents on which a
1-10 supplementary certificate is based.
1-11 (f) The state registrar shall make the original birth
1-12 certificate and the filed documents on which the supplementary
1-13 certificate is based available without a court order to an adopted
1-14 child at least 21 years of age, an adoptive parent, or an adult
1-15 descendant or surviving spouse of a deceased adopted child. Except
1-16 as provided by another law or a court order, no other person may
1-17 access the original birth certificate or the filed documents on
1-18 which the supplementary certificate is based.
1-19 SECTION 2. Subchapter A, Chapter 192, Health and Safety Code,
1-20 is amended by adding Section 192.0085 to read as follows:
1-21 Sec. 192.0085. CONTACT PREFERENCE FORM. (a) A birth parent
1-22 who files an updated medical and genetic history may file a contact
1-23 preference form with the state registrar.
1-24 (b) The state registrar shall deliver the medical and
2-1 genetic history report and the contact preference form to the
2-2 adopted child if the adopted child makes any inquiry with the state
2-3 registrar.
2-4 (c) The state registrar may charge the birth parent a
2-5 reasonable fee to cover the costs of complying with this section
2-6 and shall keep statistics on the number of access orders received,
2-7 letters filed, and notifications sent.
2-8 SECTION 3. (a) This Act takes effect January 1, 2002.
2-9 (b) The change in law made by this Act regarding access to
2-10 birth record information applies without regard to the date an
2-11 adoption order is rendered.