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(a)Purpose. The purpose of this section is to establish guidelines for the procedure of filing adoptions for residents of the State of Texas who adopt children in foreign countries. (b)Certificate of birth. The 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 receives the following from a resident of this state: (1)a request by the resident adoptive parent(s) to file a new certificate of birth in the adoptive parent(s') names; (2)an official certificate of adoption prepared and filed in accordance with the laws of this state by the court which grants or validates the adoption; (3)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 Bureau by the clerk of the court validating the foreign adoption; (4)payment of all applicable fees. (c)Guidelines. The state registrar shall use the following guidelines when preparing a new certificate of birth. (1)The 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 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 a court of competent jurisdiction. (4)Once a file is sealed, a standard fee shall be charged for a search for the file and any copies of records. (d)Exceptions. The guidelines, as stated in subsection (c) of this section, do not apply if a child was born in a foreign country and was a citizen of the United States at the time of birth. This record may only be processed by the United States Department of State.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 13, 2003
TRD-200303601 Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 3, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 458-7236
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