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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 amending Subsection (f) and adding Subsections (g), (h), |
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(i), and (j) to read as follows: |
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(f) Notwithstanding Subsections (h), (i), and (j), an [An] |
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adult adoptee who is applying for access to the person's original |
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birth certificate and who knows the identity of each parent named on |
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the original birth certificate is entitled to a noncertified copy |
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of the original birth certificate without obtaining a court order. |
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(g) Subject to Subsections (h), (i), and (j), the state |
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registrar shall on request provide to a person who was adopted on or |
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after January 1, 2012, or, if the adopted person is deceased, an |
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adult 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 adopted |
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person's 18th birthday; |
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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) Except as provided by Subsection (f), if a birth parent |
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files with the state registrar a contact preference form indicating |
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the birth parent's preference that a noncertified copy of the |
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adopted person's original birth certificate not be released, the |
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state registrar may not release a noncertified copy of the adopted |
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person's original birth certificate without a court order, |
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regardless of the other birth parent's preference. |
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(i) Except as provided by Subsections (f) and (h), if a |
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birth parent files with the state registrar a contact preference |
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form indicating the birth parent's preference that a noncertified |
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copy of the adopted person's original birth certificate not be |
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released until after the death of the birth parent, the state |
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registrar may not release a noncertified copy of the adopted |
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person's original birth certificate without a court order before |
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that birth parent dies, regardless of the other birth parent's |
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preference. |
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(j) Except as provided by Subsection (f), if neither birth |
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parent has filed a contact preference form with the state |
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registrar, the state registrar may not release a noncertified copy |
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of the adopted person's original birth certificate without a court |
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order. |
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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, 192.0086, and |
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192.0087 to read as 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 and the |
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release of a noncertified copy of the adopted person's original |
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birth certificate; |
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(3) 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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(4) 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; |
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(5) 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; or |
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(6) not authorize contact by the adopted person or the |
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release of a noncertified copy of the adopted person's original |
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birth certificate. |
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(b) The state registrar shall develop an updated medical |
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history form that does not contain any personal identifying |
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information about either birth parent. |
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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) Notwithstanding a birth parent's contact preference |
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under Subsection (a), the state registrar shall deliver to the |
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adopted person on the adopted person's request the birth parent's |
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updated medical history form. |
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(h) If a birth parent has authorized contact under |
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Subsection (a), the state registrar shall deliver to the adopted |
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person on the adopted person's request the birth parent's contact |
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preference form. |
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(i) 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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central registry shall act as the intermediary for the birth |
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parent. |
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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 central registry |
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shall act as the intermediary for the birth parent on or after the |
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91st day after the date the notice was sent by certified mail. |
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(e) In this section, "central registry" has the meaning |
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assigned by Section 162.402, Family Code. |
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Sec. 192.0087. REQUIRED COUNSELING BEFORE RELEASE OF |
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CERTAIN CONTACT PREFERENCE FORMS. Before the release of a contact |
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preference form authorizing contact between an adopted child and a |
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birth parent, the state registrar shall require verification in a |
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form satisfactory to the state registrar that the adopted child and |
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the biological parent have each individually participated in |
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counseling for not less than one hour with a social worker or mental |
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health professional with expertise in postadoption counseling. |
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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 FILING. |
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(a) This section does not apply to an adoption by the 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 each original completed contact |
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preference form to the state registrar. |
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(c) The notification to a child's birth parents required by |
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this section shall be provided at the time that the birth parent's |
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parental rights to a child are terminated. |
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(d) Except as provided by Subsection (e), a petition for |
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adoption may not be granted until a copy of each birth parent's |
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contact preference form has been filed. |
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(e) 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 birth |
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parents cannot be located or are deceased or the court determines |
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that it is in the best interest of the child to waive the |
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requirement. |
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SECTION 4. 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, 2012. |
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SECTION 5. 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, 2012. A suit for adoption |
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filed before January 1, 2012, 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 6. This Act takes effect September 1, 2011. |