84R5306 LED-F
 
  By: Deshotel, Parker, Riddle, Keffer, H.B. No. 984
      Thompson of Harris, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to birth records of adopted persons; authorizing a fee.
         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 (d) and adding Subsections (g) and
  (h) to read as follows:
         (d)  Except as provided by Subsections (e), [and] (f), and
  (g), only the court that granted the adoption may order access to an
  original birth certificate and the filed documents on which a
  supplementary certificate is based.
         (g)  The state registrar shall on written request provide to
  a person who was adopted or, if the adopted person is deceased, an
  adult descendant, adult sibling, surviving spouse, or adoptive
  parent of the adopted person, a noncertified copy of the person's
  original birth certificate if:
               (1)  the adopted person was born in this state;
               (2)  the request is made on or after the adopted
  person's 18th birthday;
               (3)  a supplementary birth certificate was issued for
  the adopted person; and
               (4)  the person requesting the certificate furnishes,
  in person or by mail, appropriate proof of the person's identity.
         (h)  For a noncertified birth certificate provided under
  Subsection (g), the state registrar shall collect a fee in an amount
  equal to the fee charged for issuance of any other noncertified
  birth certificate and issue the certificate within the time
  prescribed for issuance of other noncertified birth certificates.
         SECTION 2.  Subchapter A, Chapter 192, Health and Safety
  Code, is amended by adding Section 192.0085 to read as follows:
         Sec. 192.0085.  CONTACT PREFERENCE FORM AND SUPPLEMENTAL
  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 biological offspring 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;
               (2)  authorize contact by the adopted person only
  through an intermediary selected and identified by the birth
  parent; or
               (3)  not authorize contact by the adopted person.
         (b)  The state registrar shall ensure that a birth parent who
  authorizes contact through an intermediary identifies on the
  contact preference form a person to serve as an intermediary and
  includes on the form that person's contact information.
         (c)  The state registrar shall develop a supplemental
  medical history form that allows a birth parent to provide
  supplemental medical information in addition to the information
  included in the adopted person's genetic history report provided
  under Section 162.005, Family Code.
         (d)  The department shall make the contact preference form
  and the supplemental medical history form available on the
  department's Internet website and make copies of the forms
  available in the state registrar's office.
         (e)  A birth parent may file a contact preference form and a
  supplemental medical history form with the state registrar.  The
  birth parent may return the contact preference form and
  supplemental medical history form together to the state registrar.
         (f)  A birth parent who authorizes direct contact by the
  adopted person or contact by the adopted person through an
  intermediary by filing the contact preference form with the state
  registrar may not change that preference after the preference is on
  file with the state registrar.  A birth parent may provide updated
  intermediary contact information as necessary.
         (g)  A birth parent who does not authorize contact by the
  adopted person may choose to authorize direct contact by the
  adopted person or contact by the adopted person through an
  intermediary by filing a supplemental contact preference form with
  the state registrar authorizing the contact.
         (h)  The state registrar shall provide copies of the birth
  parent's contact preference form and supplemental medical history
  form, if available, to an adopted person or other person authorized
  to receive a noncertified copy of the adopted person's original
  birth certificate under Section 192.008.
         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)  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.
         (b)  The notice 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.
         (c)  Except as provided by Subsection (d), a petition for
  adoption may not be granted until a copy of each 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 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.  (a)  The state registrar shall develop the
  contact preference form and the supplemental medical history form
  as required by Section 192.0085, Health and Safety Code, as added by
  this Act, not later than January 1, 2016.
         (b)  Notwithstanding Section 192.008(g), Health and Safety
  Code, as added by this Act, the state registrar is not required to
  comply with that provision until July 1, 2016.
         (c)  The birth parent of a person who was adopted before
  January 1, 2016, may file a contact preference form and a
  supplemental medical history form with the state registrar not
  later than July 1, 2016, and after that date at the discretion of
  the state registrar. Notwithstanding Section 192.0085(f), Health
  and Safety Code, as added by this Act, a birth parent may file a
  supplemental contact preference form changing the birth parent's
  contact preference at any time before July 1, 2016.  The latest
  contact preference form on file with the state registrar and filed
  before that date controls.
         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, 2016. A suit for adoption
  filed before January 1, 2016, 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, 2015.