85R3180 LED-D     By: Deshotel H.B. No. 547       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 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.