TEXAS

DENIES UNRESTRICTED ACCESS TO OBC (Court order required)

 

Who May Access Information
Citation: Fam. Code §§ 162.018; 162.406
Non-identifying information may be provided to:
• The adoptive parents
• The adopted person who is age 18 or older
Identifying information may be accessed by:
• The adopted person who is age 18 or older
• A birth parent
• An alleged father who acknowledges paternity
• A birth sibling who is age 18 or older

 

Access to Original Birth Certificate

Citation: Health & Safety Code § 192.008

Only the court that granted the adoption may grant access to the original birth certificate. [Beginning 2005, adoptees 18 years of age or older who know the identities of their birth parents may obtain a non-certified copy of their OBCs,  without a court order.]

 

Access to Non-identifying Information
Citation: Fam. Code § 162.018
The adoptive parents are entitled to receive copies of the records and other information relating to the history of the child
maintained by the department, licensed child-placing agency, person, or entity placing the child for adoption.
The adoptive parents and the adopted person, after the adopted person is an adult, are entitled to receive copies of the records
that have been edited to protect the identity of the birth parents and any other person whose identity is confidential and other
information relating to the history of the child maintained by the department, licensed child-placing agency, person, or entity placing
the child for adoption.
At the time an adoption order is rendered, the court shall provide to the parents of an adopted person information provided by
the Bureau of Vital Statistics that describes the functions of the voluntary adoption registry. The licensed child-placing agency
shall provide to each of the child’s birth parents, as known to the agency, the information when the parent signs an affidavit of
relinquishment of parental rights or affidavit of waiver of interest in a child. The information shall include the right of the child or birth
parent to refuse to participate in the registry. If the adopted child is age 14 or older, the court shall provide the information to the
child.

 

Mutual Access to Identifying Information
Citation: Fam. Code §§ 162.407; 162.413; 162.414; 162.416
The persons listed above may register with a mutual consent voluntary adoption registry. A registration remains in effect until the
99th anniversary of the date the registration is accepted, unless a shorter period is specified by the applicant or the registration is
withdrawn. A registrant may withdraw his or her registration in writing at any time.
The applicant must participate in counseling for not less than 1 hour with a social worker or mental health professional with expertise
in post-adoption counseling before the release of confidential information.
The administrator shall process each registration in an attempt to match the adopted person, the birth parents, and the birth
siblings. The administrator shall determine that there is a match if the adult adopted person and the birth mother, father, or sibling
has registered.
When a match has been made, the administrator shall mail a written notice to each registrant:
• Informing the registrant that a match has been made
• Reminding the registrant that he or she may withdraw the registration before disclosures are made, if desired
• Notifying the registrant that before any identifying disclosures are made, he or she must sign a written consent and participate
in counseling
Identifying information about a registrant shall be released without the registrant’s having consented to disclosure after the match
if the registrant is dead, his or her registration was valid at the time of death, and he or she had in writing specifically authorized the
postdeath disclosure. Identifying information about a deceased birth parent may not be released until each surviving child is an adult
or until each child’s surviving parent or guardian consents in writing to the disclosure.

Where the Information Can Be Located
Texas Department of State Health Services, Central Adoption Registry

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