(HB770 is an original birth certificate access bill with a disclosure
veto that requires a copy of the signed affidavit of relinquishment
of parental rights relating to the adopted child that promises
anonymity. Such relinquishments, if they exist, are very rare.
It is requested that anyone with a copy of such a relinquishment
meeting this requirement email a scanned copy to Txcare at
webmaster@txcare.org. Thank you.)
79R2738 MCK-F
By: Goolsby H.B. No. 770
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 Subsections (a), (d), and (e) and adding
Subsections (a-1), (f), and (g) to read as follows:
(a) The supplementary birth certificate of an adopted child
must be in the names of the adoptive parents, one of whom must be a
female, named as the mother, and the other of whom must be a male,
named as the father. The only information that may be changed on
the supplementary birth certificate is the name of the mother,
father, or child. This subsection does not prohibit a single
individual, male or female, from adopting a child. Copies of the
child's birth certificates or birth records may not disclose that
the child is adopted.
(a-1) The state registrar may not issue a supplementary
birth certificate if a court, an adoptive parent, or, if the adoptee
is at least 12 years of age, the adoptee requests that a
supplementary birth certificate not be issued. If the
supplementary birth certificate may not be issued, the state
registrar shall furnish a certified copy of the report of adoption.
(d) Except as provided by Subsections [Subsection] (e) and
(f), 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.
(e) A person applying for access to an original birth
certificate and the filed documents on which the supplementary
certificate is based is entitled to know the identity and location
of the court that granted the adoption, the docket number of the
adoption suit, and the date the adoption order was rendered. If
that information is not on file, the state registrar shall give the
person an affidavit stating that the information is not on file with
the state registrar. Any court of competent jurisdiction to which
the person presents the affidavit may order [the] access to the
documents on which the supplementary certificate is based.
(f) Subject to Subsection (g), the state registrar shall
provide to a person who was adopted 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 adopted person is, or was at the time of death,
at least 21 years of age;
(2) a supplementary birth certificate was issued for
the adopted person;
(3) the person requesting the certificate furnishes
appropriate proof of the person's identity; and
(4) the adopted person is registered with a mutual
consent voluntary adoption registry under Subchapter E, Chapter
162, Family Code.
(g) The state registrar may not make the original birth
certificate available without a court order if a birth parent files
with the state registrar:
(1) a copy of the signed affidavit of relinquishment
of parental rights relating to the adopted child that promises
anonymity;
(2) a contact preference form stating that the birth
parent would prefer not to be contacted; and
(3) an updated medical history.
SECTION 2. Subchapter A, Chapter 192, Health and Safety
Code, is amended by adding Section 192.0085 to read as follows:
Sec. 192.0085. UPDATED MEDICAL HISTORY AND CONTACT
PREFERENCE FORM. (a) A birth parent may file an updated medical
history and a contact preference form with the state registrar.
(b) The state registrar shall deliver the updated medical
history and the contact preference form to the adopted person if the
adopted person makes any inquiry with the state registrar.
(c) The state registrar shall deliver the updated medical
history and the contact preference form to an adopted person who
receives access to an original birth certificate under Section
192.008.
(d) The state registrar shall keep statistics on:
(1) the number of:
(A) updated medical histories and contact
preference forms filed with the state registrar; and
(B) updated medical histories and contact
preference forms delivered by the state registrar under this
section; and
(2) which adoption agency or attorney mediated each
adoption for which a contact preference form is filed.
(e) The state registrar may charge the birth parent a
reasonable fee to cover the costs of complying with this section.
SECTION 3. (a) The state registrar may not issue an original
birth certificate under Section 192.008(f), Health and Safety Code,
as added by this Act, before January 1, 2006.
(b) The state registrar may not deliver an updated medical
history or a contact preference form as provided by Section
192.0085, Health and Safety Code, as added by this Act, before
January 1, 2006.
SECTION 4. The change in law made by this Act regarding
access to birth certificate information applies without regard to
the date an adoption order is rendered.
SECTION 5. This Act takes effect September 1, 2005.