81R3748 JSC-D
 
  By: Gallegos S.B. No. 1277
 
 
 
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 (g), (h), (i), and (j) to read as
  follows:
         (g)  Subject to Subsections (i) and (j), the state registrar
  shall on request provide to a person who was adopted on or after
  January 1, 2010, 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 18th
  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.
         (h)  Subject to Subsections (i) and (j), the state registrar
  may, if resources allow, on request provide to a person who was
  adopted before January 1, 2010, 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 only if an adopted person's birth parent has
  filed a contact preference form with the state registrar
  authorizing the release of a noncertified copy of the person's
  original birth certificate.
         (i)  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, the state registrar may not release,
  without a court order, a noncertified copy of the adopted person's
  original birth certificate regardless of the other birth parent's
  preference.
         (j)  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.  CONTACT PREFERENCE FORM AND UPDATED MEDICAL
  HISTORY FORM.  (a)  The state registrar shall develop a contact
  preference form on which a birth parent shall 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.
         (b)  The state registrar shall develop an updated medical
  history form.
         (c)  The state registrar shall make the contact preference
  form and the updated medical history form available in English and
  Spanish.
         (d)  The department shall make the contact preference form
  and the updated medical history form available on the department's
  Internet website.
         (e)  A birth parent may file an updated contact preference
  form and an updated medical history form with the state registrar.  
  The birth parent may return the updated contact preference form and
  updated medical history form together to the state registrar.
         (f)  The state registrar shall deliver the birth parent's
  contact preference form and updated medical history form to an
  adopted person who receives a noncertified copy of the adopted
  person's original birth certificate under Section 192.008.
         (g)  The state registrar shall keep statistics on:
               (1)  the number of:
                     (A)  updated medical histories filed with the
  state registrar; and
                     (B)  contact preference forms and updated medical
  history forms delivered by the state registrar under Subsection
  (f); and
               (2)  which adoption agency or attorney mediated each
  adoption for which a contact preference form is filed.
         (h)  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.  CONTACT PREFERENCE FORM: NOTICE AND
  FILING.  (a)  This section does not apply to an adoption by the
  child's:
               (1)  grandparent;
               (2)  aunt or uncle by birth, marriage, or prior
  adoption;
               (3)  stepparent; or
               (4)  adult sibling.
         (b)  The Department of Family and Protective Services or the
  licensed child-placing agency, person, or other entity placing a
  child for adoption shall:
               (1)  inform the birth parents of the child:
                     (A)  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; and
                     (B)  that the birth parents are required to
  provide a completed contact preference form to the Department of
  Family and Protective Services or the licensed child-placing
  agency, person, or other entity placing a child for adoption;
               (2)  provide the birth parents of the child with a
  contact preference form; and
               (3)  forward the original completed contact preference
  form to the state registrar.
         (c)  A petition for adoption may not be granted until a copy
  of the birth parent's contact preference form has been filed.
         (d)  A court having jurisdiction of a suit affecting the
  parent-child relationship may by order waive the contact preference
  form filing requirement of this section if the child's biological
  parents cannot be located or are deceased or the court determines it
  is in the best interest of the child to waive the requirement.
         SECTION 4.  (a)  The state registrar shall keep statistics on
  the number of contact preference forms that:
               (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 do not
  authorize the release of a noncertified copy of the adopted
  person's original birth certificate;
               (3)  do 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)  do 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.
         (b)  The state registrar shall report its findings under
  this section to the legislature not later than January 1, 2011.
         SECTION 5.  (a)  The state registrar may not issue a
  noncertified copy of an original birth certificate under Section
  192.008(h), Health and Safety Code, as added by this Act, before
  January 1, 2011.
         (b)  The state registrar shall develop the contact
  preference form and the updated medical history form as required by
  Section 192.0085, Health and Safety Code, as added by this Act, not
  later than January 1, 2010.
         SECTION 6.  The change in law made by Section 162.0061,
  Family Code, as added by this Act, applies only to a suit for
  adoption filed on or after January 1, 2010. A suit for adoption
  filed before January 1, 2010, is governed by the law in effect at
  the time the suit for adoption was filed, and the former law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2009.