Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 181VITAL STATISTICS
SUBCHAPTER BVITAL RECORDS
RULE §181.29Foreign Adoptions
ISSUE 02/15/2013
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)A certified copy of the decree of adoption granted in a foreign country and information with translation into the English language relating to the adoptive parent(s) and adoptee should be submitted to a court of competent jurisdiction of this state for validation. It is the responsibility of the applicant(s) to have all required documents translated into the English language. An official certificate of adoption must be prepared and submitted to the Vital Statistics Unit [Bureau] by the clerk of the court validating the foreign adoption.

(c)Certificate of birth. The State Registrar [ state registrar] shall prepare a new certificate of birth for a person born in a foreign country, and adopted under the laws of a foreign country or under the laws of this state, when the State Registrar [state registrar] receives the following from a resident of this state:

  (1) - (3)(No change.)

(d)Guidelines. The State Registrar [state registrar] shall use the following guidelines when preparing a new certificate of birth.

  (1)The State Registrar [state registrar] shall not alter or change the place of birth or the date of birth from the information contained in the documentation presented.

  (2)The new certificate shall be prepared on the current certificate form in the same manner as an in-state adoption is prepared and reflect the foreign country of birth [shall bear the title "Certificate of Foreign Birth."].

  (3)As prescribed in the Health and Safety Code, §192.008, all documentation used to prepare the new certificate of birth shall be placed in a sealed file and accessed by an applicant only upon presentation of a certified copy of an order from the Texas district court that validated the foreign adoption [a court of competent jurisdiction].

  (4)Once a file is sealed, a standard fee shall be charged for a search for a file and any copies of records issued as prescribed in Health and Safety Code, §191.0045.

(e)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 1, 2013

TRD-201300422

Lisa Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: March 17, 2013

For further information, please call: (512) 776-6972



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