By Jackson S.B. No. 1000
77R8197 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recognition of foreign adoptions and the issuance
1-3 of a certificate of foreign birth.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 162, Family Code, is
1-6 amended by adding Section 162.023 to read as follows:
1-7 Sec. 162.023. ADOPTION ORDER FROM FOREIGN COUNTRY. (a)
1-8 Except as otherwise provided by federal law, an adoption order
1-9 rendered under due process of law by a court of a foreign country
1-10 shall be accorded full faith and credit by the courts of this state
1-11 and enforced as if the order were rendered by a court in this
1-12 state.
1-13 (b) A Texas resident who adopts a child in a foreign country
1-14 must register the order in this state. A petition for registration
1-15 of a foreign adoption order may be combined with a petition for a
1-16 name change under Chapter 45. If the court finds that the foreign
1-17 adoption order meets the requirements of Subsection (a), the court
1-18 shall order the state registrar to:
1-19 (1) register the order under Chapter 192, Health and
1-20 Safety Code; and
1-21 (2) issue a certificate of foreign birth for the child
1-22 under Section 192.0095, Health and Safety Code.
1-23 SECTION 2. Subchapter A, Chapter 192, Health and Safety
1-24 Code, is amended by adding Section 192.0095 to read as follows:
2-1 Sec. 192.0095. CERTIFICATE OF FOREIGN BIRTH. (a) On order
2-2 of a court, the state registrar shall prepare and register a
2-3 certificate of foreign birth for an adoptee born in a foreign
2-4 country who is not a citizen of the United States and whose
2-5 judgment of adoption was entered by a court of this state.
2-6 (b) The certificate shall be based on the report or
2-7 certified copy of the adoption decree and evidence of the date and
2-8 place of the adoptee's birth.
2-9 (c) The certificate must be labeled "Certificate of Foreign
2-10 Birth" and show the country and date of birth of the adoptee. The
2-11 certificate must include a statement that the certificate is not
2-12 evidence of United States citizenship.
2-13 (d) If the adoptee was born in a foreign country but was a
2-14 citizen of the United States at the time of birth, the department
2-15 may not prepare a certificate of foreign birth for the child. The
2-16 department shall notify the adoptive parents, or the adoptee if of
2-17 legal age, of the procedure for obtaining a revised birth
2-18 certificate through the United States Department of State.
2-19 SECTION 3. This Act takes effect September 1, 2001.