BILL ANALYSIS

BILL ANALYSIS

H. B. 770/S. B. 364
By: Goolsby / Lucio
3-14-05

BACKGROUND AND PURPOSE

Currently, the state of Texas requires supplementary birth certificates to be issued in every adoption which do not divulge the name or location of the birth parents. This is without regard to the desires of the adoptive parents, child or court.

Under current law the original birth certificate cannot be accessed without an order of the court that granted the adoption. This court is not always known. Currently, the adoptees have to pay money to register with the Central Adoption Registry. That is how they find out the court in which their adoption was finalized. The Central Adoption Registry will not give out any information until they have verified the identity of the adoptee requesting a copy of his/her original birth certificate.

The majority of applications to open adoption records relate to adoptions that were granted before the enactment of the Texas Family Code in 1973. Prior to the enactment of the Family Code, adoptees had access to their court records without the necessity of a court order. The enactment of the Family Code retroactively denied adoptees easy access to their records.

Although adoptions in the past 30 years or so have required a health and genetic history report from the person placing the child, there has been no procedure in place to update that report or to encourage its updating by birth parents.

At the same time, with the increasing use of the internet, birth parents and adoptive persons are increasing finding each other. This is done without knowledge of the seekee’s desire for contact.

PURPOSE

As proposed, House Bill 770/Senate Bill 364 would:
1) Allow adoptive parents and adoptive children over the age of twelve and/or the courts to specify that a supplementary birth certificate need not be issued;
2) Provide a procedure for adopted persons over the age of 21, or if the adopted person is deceased, their adult descendant, adult sibling, or surviving spouse of the adopted person, to obtain a copy of the original birth certificate.
3) Create a “Contact Preference Form” to allow those birth parents who do not wish to be reunited with the adopted person an opportunity to express that preference which does not currently exist.

RULEMAKING AUTHORITY

It is the author’s opinion that this bill does not grant any additional rulemaking authority to a state agency, office, department, or other institution.


SECTION-BY-SECTION ANALYSIS

SECTION 1. Section 192.008, is amended as follows:
(a) Only the name of the mother, father or child is to be changed on the supplementary birth certificate.
Section 192.008, is amended by adding the following:
(a-1) The state registrar will not issue a supplementary birth certificate if requested by the court, the adoptive parents, or an adoptee who is at least 12 years of age. The state registrar will issue a certified copy of the report of adoption to the adoptee and his/her adoptive parents.
(f) Unless the requirements of (g) are met, the state registrar shall provide to an adult adopted person, or if the adopted person is deceased, an adult descendant, adult sibling, or surviving spouse of the adopted person a non-certified copy of the adopted person’s original birth certificate if the adopted person at the time of death was at least 21 years of age, a supplementary birth certificate was issued for the adopted person; the person(s) requesting the certificate furnishes proof of their relationship to the adopted person; and the adopted person had registered with a mutual consent voluntary adoption registry as defined by Subchapter E, Chapter 162, Family Code.
(g) The state registrar will not make the original birth certificate available to the adopted person, or if the adopted person is deceased, an adult descendant, adult sibling, and/or a surviving spouse, if the birth parent has filed 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 UPDATED MEDICAL HISTORY AND CONTACT PREFERENCE FORM.
(a) A birth parent may file an updated medical history and contact preference form with the state registrar.
(b) The state registrar is required to deliver the completed contact preference form and updated medical history to the adopted person (if one has been filed) when the adopted person makes any inquiry with BVS. It is the author’s opinion that the Contact Preference Form will be redacted to not include identifying information if the birth parent provides the required documents under (g) above.]
(d) The state registrar shall keep statistics on the number of updated medical histories and contact preference forms filed and delivered including the name of the agency or attorney which facilitated the adoption for which a contact preference form is filed.
(e) The state registrar may charge a nominal fee to cover the costs.

SECTION 3. The state registrar may not issue an original birth certificate, updated medical history and contact preference form until January 1, 2006. The purpose is to give birth parents time to file a Contact Preference Form with the state registrar’s office from September 1 to December 31, 2005.

SECTION 4. Effective date. 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. This is the date that birth parents can make their preferences known.