Texas Senate Bill 329 86th Legislative session

What Texas Senate Bill 329 does:

1. Restores access to the non-certified copy of the original birth certificate to the adoptee at age 18.
2. Provides a contact preference form to birth parents to specify preferred contact: direct, through an intermediary, or prefer no contact.
3. Provides a medical history form which can be filled out by a birth parent and attached to original birth certificate with the contact preference form.
4. Provides descendants of the adoptee access in the event the adoptee is deceased, in keeping with the rights of access for no- adopted citizens.

Why it makes sense:

• Prior to 1973 implementation of the Texas Family Code birth certificates were open to the parties of the adoption, including the adult adoptee and birth parent(s). Currently, the original birth certificate remains the birth certificate of the child until they are adopted. Adoptions may occur months, years later, or never, resulting in the foster child becoming an adult, keeping their original, intact birth certificate. If birth parent anonymity was the intent of the Family Code, the system would be written otherwise.  
• This is the first time in Texas birth parents would be legally granted a voice in the process.
• This would provide ethnicity information, genealogical information, connection to biological family information. All critical to the health and well being of the adoptee.
• Birth parents are not legally promised anonymity at the time of adoption. Their rights are removed, not granted at the time of relinquishment. Concerned United Birth parents supports this legislation. They do not feel they should stand in the way of an individual's right to their own personal vital record. Furthermore, the release of the original birth certificate minimizes the chances of the adoptee having to conduct a more public search, using DNA and social media  
• Releasing the original birth certificate to the adult adoptee is in keeping with Texas tradition and current norms. The records were not sealed to the parties of the adoption for most of the 20th century (1973), A simple study and inquiry into past and current adoption systems reveals no evidence that this sealing was or is done to protect birth parent privacy. When discussing the current practice with today's agencies, the original birth certificate is routinely given as part of the adoption file to adoptive families before it is sealed.
• Although Texas does maintain a mutual consent registry, the nature of the registry forces the adult adoptee to contact the biological family first in order to obtain their own personal information. SB 329 gives the adoptee their vital record without requiring a reunion.  
• Although the addition of the medical history form as part of the adoption process did occur in the 1990's, the information provided is minimal and static.Imagine a family medical history without any updates during your lifetime. Have you always known what your parents would be afflicted with as they age? Family medical history is ever evolving. This is of little help to adoptees as they age and attempt to navigate their medical care in adulthood. SB 329 provides a way for adoptees to obtain an up-to-date family medical history voluntary.
• SB 329 carries no fiscal note, yet accomplishes so much.
• Adoption professionals have known for decades that providing the adoptee with origin and medical history information is the humane practice. To continue to deny adoptees what all others in our society enjoy is simply cruel. When we know better we do better. This issue has been on the hearts and minds of the adoption community for over 20 years, This is the 11th consecutive session this type of legislation has been introduced and the closest we've come to getting it passed!  

Original bill test here: http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=SB329


Copyright 2017 Marci Purcell: All rights reserved; may be used freely with citation by non-profits and educational institutions.