79R1390 MCK-D

By:  Goolsby                                                      H.B. No. 239



A BILL TO BE ENTITLED

AN ACT

relating to birth records of adopted children.                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 192.008, Health and Safety Code, is 
amended by amending Subsections (a), (d), and (e) and adding 
Subsections (a-1) and (f) to read as follows:
	(a)  The supplementary birth certificate of an adopted child 
must be in the names of the adoptive parents, one of whom must be a 
female, named as the mother, and the other of whom must be a male, 
named as the father.  The only information that may be changed on 
the supplementary birth certificate is the name of the mother, 
father, or child.  This subsection does not prohibit a single 
individual, male or female, from adopting a child.  Copies of the 
child's birth certificates or birth records may not disclose that 
the child is adopted.
	(a-1)  The state registrar may not issue a supplementary 
birth certificate if a court, an adoptive parent, or the adoptee, if 
the adoptee is at least 12 years of age, requests that a 
supplementary birth certificate not be issued.  If the 
supplementary birth certificate may not be issued, the state 
registrar shall furnish a certified copy of the report of adoption.
	(d)  Except as provided by Subsections [Subsection] (e) and 
(f), only the court that granted the adoption may order access to 
[an original birth certificate and] the filed documents on which a 
supplementary certificate is based.
	(e)  A person applying for access to an original birth 
certificate and the filed documents on which the supplementary 
certificate is based is entitled to know the identity and location 
of the court that granted the adoption, the docket number of the 
adoption suit, and the date the adoption order was rendered.  If 
that information is not on file, the state registrar shall give the 
person an affidavit stating that the information is not on file with 
the state registrar.  Any court of competent jurisdiction to which 
the person presents the affidavit may order [the] access to the 
documents on which the supplementary certificate is based.
	(f)  The state registrar shall provide to a person who was 
adopted a noncertified copy of the person's original birth 
certificate if:
		(1)  the person is at least 21 years of age;                           
		(2)  a supplementary birth certificate was issued for 
the person;    
		(3)  the person furnishes appropriate proof of the 
person's identity; and
		(4)  the person is registered with a mutual consent 
voluntary adoption registry under Subchapter E, Chapter 162, Family 
Code.
	SECTION 2.  The change in law made by this Act regarding 
access to birth certificate information applies without regard to 
the date an adoption order is rendered.
	SECTION 3.  This Act takes effect September 1, 2005.