FAMILY CODE
CHAPTER 108. CENTRAL RECORD FILE; VITAL STATISTICS
§ 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
prepared by the petitioner on a form provided by the bureau.
(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.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 16, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1390, § 8, eff. Sept. 1, 1999.
§ 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, § 1, eff. April 20, 1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 17, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 62, § 6.16, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1390, § 9, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 1128, § 3, eff. Sept. 1, 2003.
§ 108.004. TRANSMITTAL OF FILES ON LOSS OF
JURISDICTION. On the loss of jurisdiction of a court under Chapter
155, 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 18, eff. Sept. 1,
1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 19, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1390, § 10, eff. Sept. 1, 1999.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 20, eff. Sept. 1,
1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 21, eff. Sept. 1,
1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 556, § 4, eff. Sept. 1,
1999.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 821, § 2.12, eff. June 14,
2001.
§ 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, § 11, eff. Sept. 1,
1999.
