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.
 
 
 
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 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.
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