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A BILL TO BE ENTITLED
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AN ACT
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relating to birth records of adopted children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.008, Health and Safety Code, is |
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amended by adding Subsections (g), (h), (i), and (j) to read as |
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follows: |
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(g) Subject to Subsections (i) and (j), the state registrar |
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shall on request provide to a person who was adopted on or after |
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January 1, 2010, or, if the adopted person is deceased, an adult |
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descendant, adult sibling, or surviving spouse of the adopted |
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person a noncertified copy of the person's original birth |
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certificate if: |
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(1) the request is made on or after the 18th |
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anniversary of the adopted person's birth; |
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(2) a supplementary birth certificate was issued for |
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the adopted person; and |
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(3) the person requesting the certificate furnishes |
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appropriate proof of the person's identity. |
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(h) Subject to Subsections (i) and (j), the state registrar |
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may, if resources allow, on request provide to a person who was |
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adopted before January 1, 2010, or, if the adopted person is |
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deceased, an adult descendant, adult sibling, or surviving spouse |
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of the adopted person a noncertified copy of the person's original |
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birth certificate only if an adopted person's birth parent has |
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filed a contact preference form with the state registrar |
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authorizing the release of a noncertified copy of the person's |
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original birth certificate. |
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(i) If a birth parent files with the state registrar a |
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contact preference form indicating the birth parent's preference |
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that a noncertified copy of the adopted person's original birth |
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certificate not be released, the state registrar may not release, |
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without a court order, a noncertified copy of the adopted person's |
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original birth certificate regardless of the other birth parent's |
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preference. |
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(j) If a birth parent files with the state registrar a |
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contact preference form indicating the birth parent's preference |
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that a noncertified copy of the adopted person's original birth |
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certificate not be released until after the death of the birth |
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parent, the state registrar may not release, without a court order, |
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a noncertified copy of the adopted person's original birth |
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certificate before that birth parent dies regardless of the other |
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birth parent's preference. |
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SECTION 2. Subchapter A, Chapter 192, Health and Safety |
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Code, is amended by adding Sections 192.0085 and 192.0086 to read as |
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follows: |
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Sec. 192.0085. CONTACT PREFERENCE FORM AND UPDATED MEDICAL |
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HISTORY FORM. (a) The state registrar shall develop a contact |
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preference form on which a birth parent shall state the birth |
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parent's preference regarding contact by an adopted person who is |
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the birth child of the birth parent. The contact preference form |
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shall provide the birth parent with the following options: |
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(1) authorize direct contact by the adopted person and |
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the release of a noncertified copy of the adopted person's original |
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birth certificate; |
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(2) authorize contact by the adopted person only |
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through an intermediary selected by the birth parent but not |
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authorize the release of a noncertified copy of the adopted |
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person's original birth certificate; |
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(3) not authorize contact by the adopted person but |
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authorize the release of a noncertified copy of the adopted |
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person's original birth certificate; or |
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(4) not authorize contact by the adopted person and |
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request that a noncertified copy of the adopted person's original |
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birth certificate not be released until after the death of the birth |
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parent. |
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(b) The state registrar shall develop an updated medical |
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history form. |
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(c) The state registrar shall make the contact preference |
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form and the updated medical history form available in English and |
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Spanish. |
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(d) The department shall make the contact preference form |
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and the updated medical history form available on the department's |
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Internet website. |
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(e) A birth parent may file an updated contact preference |
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form and an updated medical history form with the state registrar. |
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The birth parent may return the updated contact preference form and |
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updated medical history form together to the state registrar. |
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(f) The state registrar shall deliver the birth parent's |
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contact preference form and updated medical history form to an |
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adopted person who receives a noncertified copy of the adopted |
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person's original birth certificate under Section 192.008. |
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(g) The state registrar shall keep statistics on: |
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(1) the number of: |
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(A) updated medical histories filed with the |
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state registrar; and |
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(B) contact preference forms and updated medical |
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history forms delivered by the state registrar under Subsection |
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(f); and |
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(2) which adoption agency or attorney mediated each |
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adoption for which a contact preference form is filed. |
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(h) The state registrar may charge an adopted person a |
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reasonable fee for services provided under this section. |
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Sec. 192.0086. CONTACT USING INTERMEDIARY. (a) If a birth |
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parent's contact preference form authorizes contact using an |
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intermediary, the state registrar shall make the contact |
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information for the intermediary selected by the birth parent |
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available to the adopted person on request. |
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(b) If the birth parent has not provided the intermediary's |
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contact information at the time the adopted person requests the |
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information, the state registrar shall notify the birth parent by |
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certified mail, return receipt requested, that the birth parent |
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must provide the intermediary's contact information not later than |
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the 90th day after the date the birth parent receives the notice. |
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(c) If the birth parent fails to provide the intermediary's |
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contact information within the time required by Subsection (b), the |
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state registrar shall release a noncertified copy of the adopted |
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person's original birth certificate. |
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(d) If the state registrar is unable to notify the birth |
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parent by certified mail, return receipt requested, because the |
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birth parent fails to keep the birth parent's personal contact |
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information current with the state registrar, the state registrar |
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shall release a noncertified copy of the adopted person's original |
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birth certificate on the 91st day after the date the notice was sent |
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by certified mail. |
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SECTION 3. Subchapter A, Chapter 162, Family Code, is |
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amended by adding Section 162.0061 to read as follows: |
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Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND |
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FILING. (a) This section does not apply to an adoption by the |
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child's: |
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(1) grandparent; |
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(2) aunt or uncle by birth, marriage, or prior |
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adoption; |
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(3) stepparent; or |
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(4) adult sibling. |
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(b) The Department of Family and Protective Services or the |
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licensed child-placing agency, person, or other entity placing a |
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child for adoption shall: |
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(1) inform the birth parents of the child: |
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(A) of the provisions of Chapter 192, Health and |
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Safety Code, relating to the birth parent contact preference form |
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and the rights of an adopted child to obtain a noncertified copy of |
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the adopted person's original birth certificate; and |
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(B) that the birth parents are required to |
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provide a completed contact preference form to the Department of |
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Family and Protective Services or the licensed child-placing |
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agency, person, or other entity placing a child for adoption; |
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(2) provide the birth parents of the child with a |
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contact preference form; and |
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(3) forward the original completed contact preference |
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form to the state registrar. |
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(c) A petition for adoption may not be granted until a copy |
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of the birth parent's contact preference form has been filed. |
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(d) A court having jurisdiction of a suit affecting the |
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parent-child relationship may by order waive the contact preference |
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form filing requirement of this section if the child's biological |
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parents cannot be located or are deceased or the court determines it |
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is in the best interest of the child to waive the requirement. |
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SECTION 4. (a) The state registrar shall keep statistics on |
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the number of contact preference forms that: |
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(1) authorize direct contact by the adopted person and |
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the release of a noncertified copy of the adopted person's original |
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birth certificate; |
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(2) authorize contact by the adopted person only |
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through an intermediary selected by the birth parent but do not |
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authorize the release of a noncertified copy of the adopted |
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person's original birth certificate; |
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(3) do not authorize contact by the adopted person but |
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authorize the release of a noncertified copy of the adopted |
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person's original birth certificate; or |
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(4) do not authorize contact by the adopted person and |
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request that a noncertified copy of the adopted person's original |
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birth certificate not be released until after the death of the birth |
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parent. |
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(b) The state registrar shall report its findings under |
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this section to the legislature not later than January 1, 2011. |
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SECTION 5. (a) The state registrar may not issue a |
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noncertified copy of an original birth certificate under Section |
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192.008(h), Health and Safety Code, as added by this Act, before |
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January 1, 2011. |
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(b) The state registrar shall develop the contact |
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preference form and the updated medical history form as required by |
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Section 192.0085, Health and Safety Code, as added by this Act, not |
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later than January 1, 2010. |
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SECTION 6. The change in law made by Section 162.0061, |
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Family Code, as added by this Act, applies only to a suit for |
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adoption filed on or after January 1, 2010. A suit for adoption |
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filed before January 1, 2010, is governed by the law in effect at |
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the time the suit for adoption was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |