HBA-JLV H.B. 1767 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1767
By: Goolsby
Juvenile Justice & Family Issues
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that only the court that granted an adoption is
allowed to access an original birth certificate and the filed documents on
which a supplementary certificate is filed without a court order.  As a
result, those seeking information about their own adoption are limited by
current statutes, making it difficult to access significant information.
Also, there is not presently a mechanism by which birth parents are able to
register their desire concerning contact with their birth child.  Many
birth parents do not desire to be contacted by their birth child, but as a
result of technological advances in adoptee search methods, a birth child
is still able to search for and contact their birth parent, despite the
birth parent's preference. House Bill 1767 authorizes certain individuals
to have access to the original birth certificate and the documents upon
which the supplementary birth certificate was based, and allows birth
parents to file a contact preference form to indicate whether or not they
would like to be contacted by their birth child, contingent upon their
provision of medical and genetic history to the state registrar. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1767 amends the Health and Safety Code to require the state
registrar to make available the original birth certificate and the filed
documents on which the supplementary certificate is based without a court
order to an adopted child at least 21 years of age, an adoptive parent, or
an adult descendant or surviving spouse of a deceased adopted child.   The
bill provides that no other person may access the original birth
certificate or the filed documents on which the supplementary certificate
is based, except as provided by another law or a court order. 

The bill authorizes a birth parent who files an updated medical and genetic
history  to file a contact preference form with the state registrar.  The
bill requires the state registrar to deliver the medical and genetic
history report and the contact preference form to the adopted child if the
adopted child makes any inquiry with the state registrar.  The bill
authorizes the state registrar to charge the birth parent a reasonable fee
to cover the costs of complying with the provisions of the bill. The bill
requires the state registrar to keep statistics on the number of access
orders received, letters filed, and notifications sent.  

EFFECTIVE DATE

January 1, 2002.