BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 240

                                                                                                                                        By: Goolsby

                                                                                                         Juvenile Justice & Family Issues

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Formally, adoptees had access to their birth certificates without a court order as recently as 1957.  The law was changed in 1957, during the 55th Legislature, to require a court order for access to the original birth certificate. No logical reason exists to require a court order for release of an original birth certificate when the adult adoptee is already in possession of the identity of each parent listed thereon.

 

CSHB 240 would give adoptive persons over the age of 18 who already know the name(s) of their birth parent(s) listed on the original birth certificate, the ability to obtain a non certified copy of their original birth certificate without the necessity of a court order.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.              Amends Section 192.008(d) by adding Subsection (f) of the Health and                                         Safety Code, to allow an adult adoptee who is applying for access to the                                        person's original birth certificate and who knows the identity of each                                                parent named on the original birth certificate to access to a non certified                                       copy of the original birth certificate without a court order.

 

SECTION 2.              The change in the law made by this Act applies to access to an original                                           birth certificate by an adopted person without regard to whether the                                               adoption order for the person was rendered before, on, or after the                                                     effective date of this Act.

 

SECTION 3.              This Act takes effect September 1, 2005.

 

 

EFFECTIVE DATE

 

September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

CSHB 240 modifies the original HB 240 by providing an adult adoptee to access to a non certified copy of the original birth certificate rather than a certified copy.