Bill Text: TX SB329 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to birth records of adopted persons.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-19 - Not again placed on intent calendar [SB329 Detail]
Download: Texas-2017-SB329-Comm_Sub.html
By: Creighton, et al. | S.B. No. 329 | |
(In the Senate - Filed December 15, 2016; January 30, 2017, | ||
read first time and referred to Committee on State Affairs; | ||
April 3, 2017, reported favorably by the following vote: Yeas 6, | ||
Nays 3; April 3, 2017, sent to printer.) | ||
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relating to birth records of adopted persons. | ||
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 for a birth parent to provide the birth | ||
parent's preference regarding contact by an adopted person who is | ||
the biological offspring of the birth parent. Each birth parent | ||
shall complete a contact preference form for each child born to the | ||
parent and select on the form one of the following options: | ||
(1) the birth parent wishes to be directly contacted | ||
by the adopted person; | ||
(2) the birth parent wishes to be contacted by the | ||
adopted person only through an intermediary selected and identified | ||
by the birth parent; or | ||
(3) the birth parent does not wish to be contacted by | ||
the adopted person. | ||
(b) The state registrar shall: | ||
(1) include on the contact preference form a space for | ||
a birth parent who wishes to be contacted through an intermediary to | ||
identify a person to serve as the intermediary and provide that | ||
person's contact information; and | ||
(2) ensure the intermediary information required | ||
under Subdivision (1) is completed on the form if that option is | ||
selected by the birth parent. | ||
(c) The state registrar shall develop a supplemental | ||
medical history form for a birth parent to provide 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) Instead of providing a contact preference form to a | ||
person or other entity listed in Section 162.0061(a)(1)(B), Family | ||
Code, a birth parent may directly file a contact preference form or | ||
a supplemental medical history form with the state registrar. | ||
(f) A birth parent who initially selects the option to be | ||
directly contacted by the adopted person or contacted 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 modify the intermediary contact | ||
information as necessary. | ||
(g) A birth parent who initially selects the option not to | ||
be contacted by the adopted person may subsequently 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 a copy of the birth | ||
parent's contact preference form and any available supplemental | ||
medical history form 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 child's birth parents that: | ||
(A) Chapter 192, Health and Safety Code, governs | ||
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) the birth parents are required to provide a | ||
completed contact preference form to the Department of Family and | ||
Protective Services, the licensed child-placing agency, person, or | ||
other entity placing a child for adoption, or the state registrar; | ||
(2) provide the child's birth parents 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 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, 2018. | ||
(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, 2018. | ||
(c) The birth parent of a person who was adopted before | ||
January 1, 2018, may file a contact preference form and a | ||
supplemental medical history form with the state registrar not | ||
later than July 1, 2018, 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 modifying the birth parent's | ||
contact preference at any time before July 1, 2018. 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, 2018. A suit for adoption in which | ||
an order terminating parental rights under Chapter 161, Family | ||
Code, is rendered before January 1, 2018, 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, 2017. | ||
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