Bill Text: TX HB2725 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to birth records of adopted persons; authorizing a fee.
Spectrum: Moderate Partisan Bill (Democrat 27-8)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB2725 Detail]
Download: Texas-2019-HB2725-Comm_Sub.html
86R12873 EAS-D | ||
By: Calanni, Deshotel, Howard, Metcalf, | H.B. No. 2725 | |
Harris, et al. |
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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 noncertified copy of | ||
the original birth certificate provides, in person or by mail, | ||
appropriate proof of the person's identity. | ||
(h) For a noncertified copy of the person's original birth | ||
certificate provided under Subsection (g), the state registrar | ||
shall collect a fee in an amount equal to the fee charged for | ||
issuance of a noncertified copy of a birth certificate and issue the | ||
copy within the time prescribed for issuance of other noncertified | ||
copies of 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 the adopted person who is | ||
the biological offspring of the birth parent. A birth parent may | ||
complete a contact preference form for each child born to the parent | ||
who is placed for adoption. The birth parent may select 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 post on the department's Internet | ||
website the contact preference form and the supplemental medical | ||
history form 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 completes a contact preference form | ||
and selects the option to be directly contacted by the adopted | ||
person or the option to be contacted by the adopted person through | ||
an intermediary may not change that selection after the form is on | ||
file with the state registrar. A birth parent may modify the | ||
intermediary contact information as necessary. | ||
(g) A birth parent who completes a contact preference form | ||
and selects the option not to be contacted by the adopted person may | ||
subsequently file a supplemental contact preference form with the | ||
state registrar electing direct contact by the adopted person or | ||
contact by the adopted person through an intermediary. | ||
(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 entitled | ||
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 right to obtain a | ||
noncertified copy of the adopted person's original birth | ||
certificate on or after the person's 18th birthday; and | ||
(B) the birth parents may 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. | ||
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, 2020. | ||
(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, 2020. | ||
(c) The birth parent of a person who was adopted before | ||
January 1, 2020, may file a contact preference form and a | ||
supplemental medical history form with the state registrar not | ||
later than July 1, 2020, 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, 2020. 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, 2020. A suit for adoption in which | ||
an order terminating parental rights under Chapter 161, Family | ||
Code, is rendered before January 1, 2020, 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, 2019. |