Bill Text: TX HB984 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to birth records of adopted persons; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 33-13)
Status: (Engrossed - Dead) 2015-05-27 - Co-sponsor authorized [HB984 Detail]
Download: Texas-2015-HB984-Comm_Sub.html
By: Deshotel, et al. (Senate Sponsor - Creighton) | H.B. No. 984 | |
(In the Senate - Received from the House April 16, 2015; | ||
May 4, 2015, read first time and referred to Committee on State | ||
Affairs; May 18, 2015, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 18, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 984 | By: Creighton |
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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), [ |
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(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. Section 162.0061, Family Code, as added by this | ||
Act, applies only to a suit for adoption in which an order | ||
terminating parental rights under Chapter 161, Family Code, is | ||
rendered on or after January 1, 2016. A suit for adoption in which | ||
an order terminating parental rights under Chapter 161, Family | ||
Code, is rendered before January 1, 2016, is governed by the law in | ||
effect immediately before the effective date of this Act, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2015. | ||
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