82R1076 JSC-F
 
  By: Naishtat H.B. No. 2968
 
 
 
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 Subsection (f) and adding Subsections (g), (h),
  (i), and (j) to read as follows:
         (f)  Notwithstanding Subsections (h), (i), and (j), an [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 is entitled to a noncertified copy
  of the original birth certificate without obtaining a court order.
         (g)  Subject to Subsections (h), (i), and (j), the state
  registrar shall on request provide to a person who was adopted on or
  after January 1, 2012, 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 adopted
  person's 18th birthday;
               (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)  Except as provided by Subsection (f), 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 a noncertified copy of the adopted
  person's original birth certificate without a court order,
  regardless of the other birth parent's preference.
         (i)  Except as provided by Subsections (f) and (h), 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 a noncertified copy of the adopted
  person's original birth certificate without a court order before
  that birth parent dies, regardless of the other birth parent's
  preference.
         (j)  Except as provided by Subsection (f), if neither birth
  parent has filed a contact preference form with the state
  registrar, the state registrar may not release a noncertified copy
  of the adopted person's original birth certificate without a court
  order.
         SECTION 2.  Subchapter A, Chapter 192, Health and Safety
  Code, is amended by adding Sections 192.0085, 192.0086, and
  192.0087 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 and the
  release of a noncertified copy of the adopted person's original
  birth certificate;
               (3)  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;
               (4)  not authorize contact by the adopted person but
  authorize the release of a noncertified copy of the adopted
  person's original birth certificate;
               (5)  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; or
               (6)  not authorize contact by the adopted person or the
  release of a noncertified copy of the adopted person's original
  birth certificate.
         (b)  The state registrar shall develop an updated medical
  history form that does not contain any personal identifying
  information about either birth parent.
         (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)  Notwithstanding a birth parent's contact preference
  under Subsection (a), the state registrar shall deliver to the
  adopted person on the adopted person's request the birth parent's
  updated medical history form.
         (h)  If a birth parent has authorized contact under
  Subsection (a), the state registrar shall deliver to the adopted
  person on the adopted person's request the birth parent's contact
  preference form.
         (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
  central registry shall act as the intermediary for the birth
  parent.
         (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 central registry
  shall act as the intermediary for the birth parent on or after the
  91st day after the date the notice was sent by certified mail.
         (e)  In this section, "central registry" has the meaning
  assigned by Section 162.402, Family Code.
         Sec. 192.0087.  REQUIRED COUNSELING BEFORE RELEASE OF
  CERTAIN CONTACT PREFERENCE FORMS.  Before the release of a contact
  preference form authorizing contact between an adopted child and a
  birth parent, the state registrar shall require verification in a
  form satisfactory to the state registrar that the adopted child and
  the biological parent have each individually participated in
  counseling for not less than one hour with a social worker or mental
  health professional with expertise in postadoption counseling.
         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 each original completed contact
  preference form to the state registrar.
         (c)  The notification to a child's birth parents required by
  this section shall be provided at the time that the birth parent's
  parental rights to a child are terminated.
         (d)  Except as provided by Subsection (e), a petition for
  adoption may not be granted until a copy of each birth parent's
  contact preference form has been filed.
         (e)  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 birth
  parents cannot be located or are deceased or the court determines
  that it is in the best interest of the child to waive the
  requirement.
         SECTION 4.  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, 2012.
         SECTION 5.  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, 2012. A suit for adoption
  filed before January 1, 2012, 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 6.  This Act takes effect September 1, 2011.