CHAPTER 108. CENTRAL RECORD FILE; VITAL STATISTICS - Texas Statutes

FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE

PARENT-CHILD RELATIONSHIP

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 108. CENTRAL RECORD FILE; VITAL STATISTICS

Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a)

Except as provided by this chapter, the clerk of the court shall

transmit to the bureau of vital statistics a certified record of

the order rendered in a suit, together with the name and all

prior names, birth date, and place of birth of the child on a

form provided by the bureau. The form shall be completed by the

petitioner and submitted to the clerk at the time the order is

filed for record.

(b) The bureau of vital statistics shall maintain these records

in a central file according to the name, birth date, and place of

birth of the child, the court that rendered the order, and the

docket number of the suit.

(c) Except as otherwise provided by law, the records required

under this section to be maintained by the bureau of vital

statistics are confidential.

(d) In a Title IV-D case, the Title IV-D agency may transmit the

record and information specified by Subsection (a) to the bureau

of vital statistics, with a copy to the clerk of the court on

request by the clerk. The record and information are not

required to be certified if transmitted by the Title IV-D agency

under this subsection.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 16, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. 8, eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 4, eff. September 1, 2007.

Sec. 108.002. DISSOLUTION OF MARRIAGE RECORDS MAINTAINED BY

CLERK. A clerk may not transmit to the central record file the

pleadings, papers, studies, and records relating to a suit for

divorce or annulment or to declare a marriage void.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING ADOPTION.

(a) The clerk of a court that renders a decree of adoption

shall, not later than the 10th day of the first month after the

month in which the adoption is rendered, transmit to the central

registry of the bureau of vital statistics certified report of

adoption that includes:

(1) the name of the adopted child after adoption as shown in the

adoption order;

(2) the birth date of the adopted child;

(3) the docket number of the adoption suit;

(4) the identity of the court rendering the adoption;

(5) the date of the adoption order;

(6) the name and address of each parent, guardian, managing

conservator, or other person whose consent to adoption was

required or waived under Chapter 162, or whose parental rights

were terminated in the adoption suit;

(7) the identity of the licensed child placing agency, if any,

through which the adopted child was placed for adoption; and

(8) the identity, address, and telephone number of the registry

through which the adopted child may register as an adoptee.

(b) Except as otherwise provided by law, for good cause shown,

or on an order of the court that granted the adoption or

terminated the proceedings under Section 155.001, the records

concerning a child maintained by the district clerk after

rendition of a decree of adoption, the records of a child-placing

agency that has ceased operations, and the records required under

this section to be maintained by the bureau of vital statistics

are confidential, and no person is entitled to access to or

information from these records.

(c) If the bureau of vital statistics determines that a report

filed with the bureau under this section requires correction, the

bureau shall mail the report directly to an attorney of record

with respect to the adoption. The attorney shall return the

corrected report to the bureau. If there is no attorney of

record, the bureau shall mail the report to the clerk of the

court for correction.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 17, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 6.16, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 9, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1128, Sec. 3, eff. Sept. 1,

2003.

Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. On

the loss of jurisdiction of a court under Chapter 155, 159, or

262, the clerk of the court shall transmit to the central

registry of the bureau of vital statistics a certified record, on

a form provided by the bureau, stating that jurisdiction has been

lost, the reason for the loss of jurisdiction, and the name and

all previous names, date of birth, and place of birth of the

child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 18, eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 5, eff. September 1, 2007.

Sec. 108.005. ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL

STATISTICS. (a) When the bureau of vital statistics receives a

record from the district clerk showing that continuing, exclusive

jurisdiction of a child has been lost due to the adoption of the

child, the bureau shall close the records concerning that child.

(b) An inquiry concerning a child who has been adopted shall be

handled as though the child had not previously been the subject

of a suit affecting the parent-child relationship.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 19, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. 10, eff.

Sept. 1, 1999.

Sec. 108.006. FEES. (a) The bureau of vital statistics may

charge a reasonable fee to cover the cost of determining and

sending information concerning the identity of the court with

continuing, exclusive jurisdiction.

(b) On the filing of a suit requesting the adoption of a child,

the clerk of the court shall collect an additional fee of $15.

(c) The clerk shall send the fees collected under Subsection (b)

to the bureau of vital statistics for deposit in a special fund

in the state treasury from which the legislature may appropriate

money only to operate and maintain the central file and central

registry of the bureau.

(d) The receipts from the fees charged under Subsection (a)

shall be deposited in a financial institution as determined by

the director of the bureau of vital statistics and withdrawn as

necessary for the sole purpose of operating and maintaining the

central record file.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 20, eff.

Sept. 1, 1995.

Sec. 108.007. MICROFILM. (a) The bureau of vital statistics

may use microfilm or other suitable means for maintaining the

central record file.

(b) A certified reproduction of a document maintained by the

bureau of vital statistics is admissible in evidence as the

original document.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 21, eff.

Sept. 1, 1995.

Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF

PATERNITY. (a) On a determination of paternity, the petitioner

shall provide the clerk of the court in which the order was

rendered the information necessary to prepare the report of

determination of paternity. The clerk shall:

(1) prepare the report on a form provided by the Bureau of Vital

Statistics; and

(2) complete the report immediately after the order becomes

final.

(b) On completion of the report, the clerk of the court shall

forward to the state registrar a report for each order that

became final in that court.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 4, eff.

Sept. 1, 1999.

Sec. 108.009. BIRTH CERTIFICATE. (a) The state registrar shall

substitute a new birth certificate for the original based on the

order in accordance with laws or rules that permit the correction

or substitution of a birth certificate for an adopted child or a

child whose parents marry each other subsequent to the birth of

the child.

(b) The new certificate may not show that the father and child

relationship was established after the child's birth but may show

the child's actual place and date of birth.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.12, eff.

June 14, 2001.

Sec. 108.110. RELEASE OF INFORMATION BY BUREAU OF VITAL

STATISTICS. (a) The bureau of vital statistics shall provide to

the Department of Protective and Regulatory Services:

(1) adoption information as necessary for the department to

comply with federal law or regulations regarding the compilation

or reporting of adoption information to federal officials; and

(2) other information as necessary for the department to

administer its duties.

(b) The bureau may release otherwise confidential information

from the bureau's central record files to another governmental

entity that has a specific need for the information and maintains

appropriate safeguards to prevent further dissemination of the

information.

Added by Acts 1999, 76th Leg., ch. 1390, Sec. 11, eff. Sept. 1,

1999.