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79R14001 MCK-D
By: Goolsby, et al. H.B. No. 770
Substitute the following for H.B. No. 770:
By: Dutton C.S.H.B. No. 770
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 adding Subsections (f) and (g) to read as follows:
(f) Subject to Subsection (g), the state registrar shall
provide to a person who was adopted or, if the adopted person is
deceased, an adult descendant, adult sibling, or surviving spouse
of the adopted person a noncertified copy of the person's original
birth certificate if:
(1) the request is made on or after the 21st
anniversary of the adopted person's birth;
(2) a supplementary birth certificate was issued for
the adopted person; and
(3) the person requesting the certificate furnishes
appropriate proof of the person's identity.
(g) If a birth parent files with the state registrar a
contact preference form indicating the birth parent's preference
that a noncertified copy of the adopted person's original birth
certificate not be released until after the death of the birth
parent, the state registrar may not release, without a court order,
a noncertified copy of the adopted person's original birth
certificate before that birth parent dies regardless of the other
birth parent's preference.
SECTION 2. Subchapter A, Chapter 192, Health and Safety
Code, is amended by adding Sections 192.0085 and 192.0086 to read as
follows:
Sec. 192.0085. UPDATED MEDICAL HISTORY AND CONTACT
PREFERENCE FORM. (a) A birth parent may file an updated medical
history and a contact preference form with the state registrar.
(b) The state registrar shall develop a contact preference
form on which a birth parent may state the birth parent's preference
regarding contact by an adopted person who is the birth child of the
birth parent. The contact preference form shall provide the birth
parent with the following options:
(1) authorize direct contact by the adopted person and
the release of a noncertified copy of the adopted person's original
birth certificate;
(2) authorize contact by the adopted person only
through an intermediary selected by the birth parent but not
authorize the release of a noncertified copy of the adopted
person's original birth certificate;
(3) not authorize contact by the adopted person but
authorize the release of a noncertified copy of the adopted
person's original birth certificate; or
(4) not authorize contact by the adopted person and
request that a noncertified copy of the adopted person's original
birth certificate not be released until after the death of the birth
parent.
(c) Not later than the 15th day after the date the state
registrar receives a request from a birth parent named on an
original birth certificate for a contact preference form, the state
registrar shall provide the birth parent with a contact preference
form and an updated medical history form.
(d) The state registrar shall make the contact preference
form and the updated medical history form available in English and
Spanish.
(e) The department shall make the contact preference form
and the updated medical history form available on the department's
Internet website.
(f) The birth parent may return the completed contact
preference form and updated medical history form together to the
state registrar.
(g) The state registrar shall deliver the birth parent's
updated medical history form and the contact preference form to an
adopted person who receives a noncertified copy of the adopted
person's original birth certificate under Section 192.008.
(h) The state registrar shall keep statistics on the number
of:
(1) updated medical histories and contact preference
forms filed with the state registrar; and
(2) updated medical histories and contact preference
forms delivered by the state registrar under Subsection (g).
(i) The state registrar may charge an adopted person a
reasonable fee for services provided under this section.
Sec. 192.0086. CONTACT USING INTERMEDIARY. (a) If a birth
parent's contact preference form authorizes contact using an
intermediary, the state registrar shall make the contact
information for the intermediary selected by the birth parent
available to the adopted person on request.
(b) If the birth parent has not provided the intermediary's
contact information at the time the adopted person requests the
information, the state registrar shall notify the birth parent by
certified mail, return receipt requested, that the birth parent
must provide the intermediary's contact information not later than
the 90th day after the date the birth parent receives the notice.
(c) If the birth parent fails to provide the intermediary's
contact information within the time required by Subsection (b), the
state registrar shall release a noncertified copy of the adopted
person's original birth certificate.
(d) If the state registrar is unable to notify the birth
parent by certified mail, return receipt requested, because the
birth parent fails to keep the birth parent's personal contact
information current with the state registrar, the state registrar
shall release a noncertified copy of the adopted person's original
birth certificate on the 91st day after the date the notice was sent
by certified mail.
SECTION 3. Subchapter A, Chapter 162, Family Code, is
amended by adding Section 162.0061 to read as follows:
Sec. 162.0061. NOTICE RELATING TO CONTACT PREFERENCE FORM.
The Department of Family and Protective Services, licensed
child-placing agency, person, or entity placing a child for
adoption shall inform the birth parents of the child of the
provisions of Chapter 192, Health and Safety Code, relating to the
birth parent contact preference form and the rights of an adopted
child to obtain a noncertified copy of the adopted person's
original birth certificate.
SECTION 4. (a) The state registrar may not issue a
noncertified copy of an original birth certificate under Section
192.008(f), Health and Safety Code, as added by this Act, before
January 1, 2006.
(b) The state registrar may not deliver an updated medical
history or a contact preference form as provided by Section
192.0085(g), Health and Safety Code, as added by this Act, before
January 1, 2006.
SECTION 5. 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 6. This Act takes effect September 1, 2005.