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Statutes > Texas > Health-and-safety-code > Title-3-vital-statistics > Chapter-192-birth-records

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 192. BIRTH RECORDS

SUBCHAPTER A. GENERAL REGISTRATION PROVISIONS

Sec. 192.001. REGISTRATION REQUIRED. The birth of each child

born in this state shall be registered.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.002. FORM OF BIRTH CERTIFICATE. (a) The department

shall prescribe the form and contents of the birth certificate.

(b) The section of the birth certificate entitled "For Medical

and Health Use Only" is not part of the legal birth certificate.

Information held by the department under that section of the

certificate is confidential. That information may not be released

or made public on subpoena or otherwise, except that release may

be made for statistical purposes only so that no person, patient,

or facility is identified, or to medical personnel of a health

care entity, as that term is defined in Subtitle B, Title 3,

Occupations Code, or appropriate state or federal agencies for

statistical research. The board may adopt rules to implement this

subsection.

(c) The form must include a space for recording the social

security numbers of the mother and father and the signatures of

the biological mother and biological father. These social

security numbers and signatures are not a part of the legal birth

certificate, shall be made available to the agency administering

the state's plan under Part D of Title IV of the federal Social

Security Act (42 U.S.C. Section 651 et seq.), and may not be used

or disseminated for any purpose other than the establishment and

the enforcement of child support orders.

(d) The social security numbers of the mother and father

recorded on the form shall be made available to the federal

Social Security Administration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 7; Acts

1991, 72nd Leg., ch. 14, Sec. 56, eff. Sept. 1, 1991; Acts 1999,

76th Leg., ch. 556, Sec. 69, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.785, eff. Sept. 1, 2001.

Sec. 192.0021. HEIRLOOM BIRTH CERTIFICATE. (a) The department

shall promote and sell copies of an heirloom birth certificate.

The department shall solicit donated designs for the certificate

from Texas artists and select the best donated designs for the

form of the certificate. An heirloom birth certificate must

contain the same information as, and have the same effect of, a

certified copy of another birth record. The department shall

prescribe a fee for the issuance of an heirloom birth certificate

in an amount that does not exceed $50. The heirloom birth

certificate must be printed on high-quality paper with the

appearance of parchment not smaller than 11 inches by 14 inches.

(b) The department shall deposit 50 percent of the proceeds from

the sale of heirloom birth certificates to the credit of the

childhood immunization account and the other 50 percent to the

credit of the undedicated portion of the general revenue fund.

The childhood immunization account is an account in the general

revenue fund. Money in the account may be used only by the

Department of State Health Services for:

(1) making grants to fund childhood immunizations and related

education programs; and

(2) administering this section.

(c) The department may sell an heirloom birth certificate only

for an individual born in this state.

Added by Acts 1993, 73rd Leg., ch. 941, Sec. 1, eff. Aug. 30,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1265, Sec. 1, eff. September 1, 2005.

Sec. 192.0022. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH.

(a) In this section:

(1) "Stillbirth" means an unintended, intrauterine fetal death

occurring in this state after a gestational age of not less than

20 completed weeks.

(2) "Certificate of birth resulting in stillbirth" means a birth

certificate issued to record the birth of a stillborn child.

(b) The person who is required to file a fetal death certificate

under Section 193.002 shall advise the parent or parents of a

stillborn child:

(1) that a parent may, but is not required to, request the

preparation of a certificate of birth resulting in stillbirth;

(2) that a parent may obtain a certificate of birth resulting in

stillbirth by contacting the bureau of vital statistics to

request the certificate and paying the required fee; and

(3) regarding the way or ways in which a parent may contact the

bureau of vital statistics to request the certificate.

(c) A parent may provide a name for a stillborn child on the

request for a certificate of birth resulting in stillbirth. If

the requesting parent does not wish to provide a name, the bureau

of vital statistics shall fill in the certificate with the name

"baby boy" or "baby girl" and the last name of the parent. The

name of the stillborn child provided on or later added by

amendment to the certificate of birth resulting in stillbirth

shall be the same name as placed on the original or amended fetal

death certificate.

(d) A certificate of birth resulting in stillbirth must include

the state file number of the corresponding fetal death

certificate.

(e) The department shall prescribe the form and content of a

certificate of birth resulting in stillbirth and shall specify

the information necessary to prepare the certificate.

(f) The bureau of vital statistics may not use a certificate of

birth resulting in stillbirth to calculate live birth statistics.

(g) On issuance of a certificate of birth resulting in

stillbirth to a parent who has requested the certificate as

provided by this section, the bureau of vital statistics shall

file an exact copy of the certificate with the local registrar of

the registration district in which the stillbirth occurred. The

local registrar shall file the certificate of birth resulting in

stillbirth with the fetal death certificate.

(h) A parent may request the bureau of vital statistics to issue

a certificate of birth resulting in stillbirth without regard to

the date on which the fetal death certificate was issued.

(i) The executive commissioner of the Health and Human Services

Commission may adopt rules necessary to administer this section.

Added by Acts 2005, 79th Leg., Ch.

276, Sec. 1, eff. September 1, 2005.

Sec. 192.003. BIRTH CERTIFICATE FILED OR BIRTH REPORTED. (a)

The physician, midwife, or person acting as a midwife in

attendance at a birth shall file the birth certificate with the

local registrar of the registration district in which the birth

occurs.

(b) If a birth occurs in a hospital or birthing center, the

hospital administrator, the birthing center administrator, or a

designee of the appropriate administrator may file the birth

certificate in lieu of a person listed by Subsection (a).

(c) If there is no physician, midwife, or person acting as a

midwife in attendance at a birth and if the birth does not occur

in a hospital or birthing center, the following in the order

listed shall report the birth to the local registrar:

(1) the father or mother of the child; or

(2) the owner or householder of the premises where the birth

occurs.

(d) Except as provided by Subsection (e), a person required to

file a birth certificate or report a birth shall file the

certificate or make the report not later than the fifth day after

the date of the birth.

(e) Based on a parent's religious beliefs, a parent may request

that a person required to file a birth certificate or report a

birth delay filing the certificate or making the report until the

parent contacts the person with the child's name. If a parent

does not name the child before the fifth day after the date of

the birth due to the parent's religious beliefs, the parent must

contact the person required to file the birth certificate or

report the birth with the name of the child as soon as the child

is named. A person required to file the birth certificate or

report the birth who delays filing the certificate or making the

report in accordance with the parent's request shall file the

certificate or make the report not later than the 15th day after

the date of the child's birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 519, Sec. 1, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(21), eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 751, Sec. 124, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 556, Sec. 81, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

68, Sec. 1, eff. May 17, 2005.

Sec. 192.0031. INFORMATION OF BIRTH TO SCHOOL-AGE MOTHER. (a)

Notwithstanding Subchapter C, Chapter 552, Government Code, the

department shall notify the commissioner of education of each

birth to a school-age mother. The commissioner may notify the

school district in which a school-age mother resides of each

birth to a school-age mother.

(b) The department may not notify the commissioner of a birth to

a school-age mother if:

(1) the child died at birth; or

(2) the child was placed for adoption.

(c) A notification under this section must include the name and

address of the mother, the father, if the father is of school age

and is named on the birth certificate, and the person born.

Reports under this section shall be sent at least quarterly.

Added by Acts 1993, 73rd Leg., ch. 907, Sec. 6, eff. June 19,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(101),

eff. Sept. 1, 1995.

Sec. 192.004. INFORMATION OBTAINED BY LOCAL REGISTRAR. (a) The

local registrar shall obtain the information necessary to prepare

the birth certificate from the person reporting a birth or from

another person with the required knowledge if:

(1) the birth is reported under Section 192.003(c); or

(2) a person who files a certificate under Section 192.003(a) or

192.003(b) cannot by diligent inquiry obtain an item of

information required for the certificate.

(b) A person from whom a local registrar requests necessary

information shall answer correctly to the best of the person's

knowledge. On request of the local registrar, a person who makes

a statement under this section shall verify the statement by

signing it.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 2, eff. Sept. 1,

1993.

Sec. 192.005. RECORD OF PATERNITY. (a) The items on a birth

certificate relating to the child's father shall be completed

only if:

(1) the child's mother was married to the father:

(A) at the time of the child's conception;

(B) at the time of the child's birth; or

(C) after the child's birth;

(2) paternity is established by order of a court of competent

jurisdiction; or

(3) a valid acknowledgment of paternity executed by the father

has been filed with the bureau of vital statistics as provided by

Subchapter D, Chapter 160, Family Code.

(b) Repealed by Acts 2003, 78th Leg., ch. 610, Sec. 23, eff.

Sept. 1, 2003.

(c) A person may apply to the state registrar for the removal of

any indication of the absence of paternity of a child who has no

presumed father from the person's birth record.

(d) If the items relating to the child's father are not

completed on a birth certificate filed with the state registrar,

the state registrar shall notify the attorney general.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 8; Acts

1993, 73rd Leg., ch. 519, Sec. 2, eff. Sept. 1, 1993; Acts 1997,

75th Leg., ch. 165, Sec. 7.42, eff. Sept. 1, 1997; Acts 2003,

78th Leg., ch. 610, Sec. 21, 23, eff. Sept. 1, 2003.

Sec. 192.0051. REPORT OF DETERMINATION OF PATERNITY. (a) A

report of each determination of paternity in this state shall be

filed with the state registrar.

(b) On a determination of paternity, the petitioner shall

provide the clerk of the court in which the decree was granted

with the information necessary to prepare the report. The clerk

shall:

(1) report the determination on a form or in a manner provided

by the department; and

(2) complete the report immediately after the decree becomes

final.

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

forward to the state registrar the report for each decree that

became final in that court.

Added by Acts 1993, 73rd Leg., ch. 519, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 70, eff.

Sept. 1, 1999.

Sec. 192.006. SUPPLEMENTARY BIRTH CERTIFICATES. (a) A

supplementary birth certificate may be filed if the person who is

the subject of the certificate:

(1) becomes the child of the person's father by the subsequent

marriage of the person's parents;

(2) has the person's parentage determined by a court of

competent jurisdiction; or

(3) is adopted under the laws of any state.

(b) An application for a supplementary birth certificate may be

filed by:

(1) an adult whose status is changed; or

(2) a legal representative of the person whose status is

changed.

(c) The state registrar shall require proof of the change in

status that the board by rule may prescribe.

(d) Supplementary birth certificates and applications for

supplementary birth certificates shall be prepared and filed in

accordance with board rules.

(e) In accordance with board rules, a supplementary birth

certificate may be filed for a person whose parentage has been

determined by an acknowledgment of paternity.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 57, 58, eff. Sept.

1, 1991; Acts 1999, 76th Leg., ch. 556, Sec. 71, eff. Sept. 1,

1999.

Sec. 192.007. SUPPLEMENTARY CERTIFICATES FOR CHILD WHO DIES

BEFORE ADOPTION. (a) If a child in the process of being adopted

in this state dies before the adoption is completed, the persons

who attempted to adopt the child may request the state registrar

to file supplementary birth and death certificates for the child.

(b) Persons making a request under this section must include

with the request:

(1) sufficient information to prove that they attempted to adopt

the child and that the child died before the adoption was

completed;

(2) a copy of an irrevocable affidavit of relinquishment of

parental rights relating to the child;

(3) a copy of the affidavit of the status of the child, if

applicable; and

(4) any other information required by the department.

(c) On receipt of the information required by Subsection (b),

the state registrar shall complete birth and death certificates

as if the child had been adopted by court decree and then died.

(d) In the absence of evidence to the contrary, compliance with

this section and the completion of the birth certificate

constitute adoption by estoppel.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.008. BIRTH RECORDS OF ADOPTED PERSON. (a) The

supplementary birth certificate of an adopted child must be in

the names of the adoptive parents, one of whom must be a female,

named as the mother, and the other of whom must be a male, named

as the father. This subsection does not prohibit a single

individual, male or female, from adopting a child. Copies of the

child's birth certificates or birth records may not disclose that

the child is adopted.

(b) After a supplementary birth certificate of an adopted child

is filed, information disclosed from the record must be from the

supplementary certificate.

(c) The board shall adopt rules and procedures to ensure that

birth records and indexes under the control of the department or

local registrars and accessible to the public do not contain

information or cross-references through which the confidentiality

of adoption placements may be directly or indirectly violated.

The rules and procedures may not interfere with the registries

established under Subchapter E, Chapter 162, Family Code, or with

a court order under this section.

(d) Except as provided by Subsections (e) and (f), only the

court that granted the adoption may order access to an original

birth certificate and the filed documents on which a

supplementary certificate is based.

(e) A person applying for access to an original birth

certificate and the filed documents on which the supplementary

certificate is based is entitled to know the identity and

location of the court that granted the adoption. If that

information is not on file, the state registrar shall give the

person an affidavit stating that the information is not on file

with the state registrar. Any court of competent jurisdiction to

which the person presents the affidavit may order the access.

(f) An adult adoptee who is applying for access to the person's

original birth certificate and who knows the identity of each

parent named on the original birth certificate is entitled to a

noncertified copy of the original birth certificate without

obtaining a court order.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.43, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 561, Sec. 29, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

480, Sec. 1, eff. September 1, 2005.

Sec. 192.009. CERTIFICATE OF ADOPTION, ANNULMENT OF ADOPTION, OR

REVOCATION OF ADOPTION. (a) A certificate of each adoption,

annulment of adoption, and revocation of adoption decreed in this

state shall be filed with the state registrar.

(b) When a petition for adoption, annulment of adoption, or

revocation of adoption is granted, the petitioner shall supply

the clerk of the court the information necessary to prepare the

certificate. The clerk shall:

(1) prepare the certificate on a form furnished by the

department that provides the information prescribed by the

department; and

(2) complete the certificate immediately after the decree

becomes final.

(c) Not later than the 10th day of each month, the clerk shall

forward to the state registrar the certificates that the clerk

completed for decrees that became final in the preceding calendar

month.

(d) If the bureau of vital statistics determines that a

certificate filed with the state registrar under this section

requires correction, the bureau shall mail the certificate

directly to an attorney of record with respect to the petition of

adoption, annulment of adoption, or revocation of adoption. The

attorney shall return the corrected certificate to the bureau. If

there is no attorney of record, the bureau shall mail the

certificate to the clerk of the court for correction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1128, Sec. 1, eff. Sept. 1,

2003.

Sec. 192.010. CHANGE OF NAME. (a) Subject to board rules, an

adult whose name is changed by court order, or the legal

representative of any person whose name is changed by court

order, may request that the state registrar attach an amendment

showing the change to the person's original birth record.

(b) The state registrar shall require proof of the change of

name that the board by rule may prescribe.

(c) Repealed by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff.

Sept. 1, 1991.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff. Sept. 1,

1991.

Sec. 192.011. AMENDING BIRTH CERTIFICATE. (a) This section

applies to an amending birth certificate that is filed under

Section 191.028 and that completes or corrects information

relating to the person's sex, color, or race.

(b) On the request of the person or the person's legal

representative, the state registrar, local registrar, or other

person who issues birth certificates shall issue a birth

certificate that incorporates the completed or corrected

information instead of issuing a copy of the original or

supplementary certificate with an amending certificate attached.

(c) The department shall prescribe the form for certificates

issued under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY. (a) If

the mother of a child is not married to the father of the child,

a person listed in Section 192.003 who is responsible for filing

the birth certificate shall:

(1) provide an opportunity for the child's mother and putative

father to sign an acknowledgment of paternity as provided by

Subchapter C, Chapter 160, Family Code; and

(2) provide oral and written information to the child's mother

and putative father about:

(A) establishing paternity, including an explanation of the

rights and responsibilities that result from acknowledging

paternity; and

(B) the availability of child support services.

(b) The local registrar shall transmit the acknowledgment of

paternity to the state registrar.

(c) The state registrar shall record the information contained

in the acknowledgment of paternity and transmit the information

to the Title IV-D agency.

(d) The Title IV-D agency may use the information contained in

the acknowledgment of paternity for any purpose directly

connected with providing child support services under Chapter

231, Family Code.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 72, eff. Sept. 1,

1999.

SUBCHAPTER B. DELAYED REGISTRATION

Sec. 192.021. DELAY LESS THAN ONE YEAR. (a) A birth that

occurred more than five days but less than one year before the

date of an application for registration may be recorded on a

birth certificate and submitted for filing to the local registrar

of the registration district in which the birth occurred.

(b) The local registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The local registrar may

accept the certificate for filing if the evidence required by the

local registrar is submitted.

(c) Registration under this section is subject to board rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.022. DELAY OF ONE YEAR OR MORE: APPLICATION FILED WITH

STATE REGISTRAR. Subject to board rules, an application to file

a delayed birth certificate for a birth in this state not

registered before the one-year anniversary of the date of birth

shall be made to the state registrar.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.023. DELAY OF MORE THAN ONE BUT LESS THAN FOUR YEARS.

(a) A birth that occurred at least one year but less than four

years before the date of the application for registration shall

be recorded on a birth certificate in the form prescribed by the

state registrar and submitted to the state registrar for filing.

(b) The state registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The state registrar may

accept the certificate for filing if the evidence required by the

state registrar is submitted.

(c) A birth certificate filed under this section shall be marked

"Delayed" and must show on its face the date of registration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.024. DELAY OF FOUR YEARS OR MORE. (a) A birth that

occurred four or more years before the date of the application

for registration shall be recorded on a form entitled "Delayed

Certificate of Birth." The department shall prescribe and furnish

the form.

(b) The form shall provide for:

(1) the name and sex of the person whose birth is to be

registered;

(2) the place and date of the person's birth;

(3) the names of the person's parents;

(4) the place of birth of each parent;

(5) the date of registration; and

(6) any other information required by the state registrar.

(c) The information on the form must be subscribed and sworn to,

before an official authorized to administer oaths, by:

(1) the person whose birth is to be registered; or

(2) the person's parent, legal guardian, or legal representative

if the person is incompetent to swear to the information.

(d) The state registrar shall add to a certificate submitted

under this section:

(1) a description of each document submitted in support of the

delayed registration, including the title of the document or the

type of document;

(2) the name and address of the affiant if the document is an

affidavit of personal knowledge; and

(3) if the document is a record, or certified copy of a record,

of a business entry:

(A) the name and address of the custodian of the record;

(B) the date of the original entry; and

(C) the date of the certified copy.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.025. SUPPORTING DOCUMENTS. (a) The state registrar

shall accept an application under Section 192.024 if the

applicant's statement of date and place of birth and parentage is

established to the state registrar's satisfaction by the evidence

required by this section.

(b) The certification of the state registrar shall be added to a

certificate accepted for filing under this section.

(c) If the birth occurred at least four years but less than 15

years before the date of the application:

(1) the statement of date and place of birth must be supported

by at least two documents, only one of which may be an affidavit

of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(d) If the birth occurred 15 or more years before the date of

the application:

(1) the statement of date and place of birth must be supported

by at least three documents, only one of which may be an

affidavit of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(e) A document accepted as evidence under this section, other

than an affidavit of personal knowledge, must be at least five

years old. A copy or abstract of the document may be accepted if

certified as true and correct by the custodian of the document.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.026. REJECTION OR RETURN OF APPLICATION. (a) The

state registrar may not register a delayed birth certificate if:

(1) the applicant does not submit the documentary evidence

required by Section 192.025; or

(2) the state registrar finds reason to question the validity or

adequacy of the certificate or the documentary evidence.

(b) On the state registrar's refusal to register a certificate

under Subsection (a), the state registrar shall:

(1) furnish the applicant a statement of the reasons for the

refusal; and

(2) advise the applicant of the right to appeal to the county

court for probate matters of the county in which the birth

occurred, as provided by Section 192.027.

(c) If an application to file a delayed birth certificate is not

actively pursued, the state registrar shall:

(1) return the application, supporting evidence, and any related

instruments to the applicant; or

(2) make another disposition of those documents that the state

registrar considers appropriate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.027. REGISTRATION BY JUDICIAL ORDER. (a) If a delayed

birth certificate is not accepted for registration by the state

registrar, the person may file a petition in the county probate

court of the county in which the birth occurred for an order

establishing a record of the person's date of birth, place of

birth, and parentage.

(b) The petition must be on a form prescribed and furnished by

the department.

(c) The petition must be accompanied by:

(1) a statement of the state registrar issued under Section

192.026(b)(1); and

(2) the documentary evidence submitted to the state registrar in

support of the application.

(d) If the court finds from the evidence presented that the

person was born in this state, the court shall:

(1) make findings as to the person's date and place of birth and

parentage;

(2) make other findings required by the case; and

(3) enter an order on a form prescribed and furnished by the

department to establish a record of birth.

(e) An order under this section must include:

(1) the birth data to be registered;

(2) a description of the evidence presented; and

(3) the date of the court's action.

(f) Not later than the seventh day after the date on which the

order is entered, the clerk of the court shall forward the order

to the state registrar. The state registrar shall register the

order, which is the record of birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-3-vital-statistics > Chapter-192-birth-records

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 192. BIRTH RECORDS

SUBCHAPTER A. GENERAL REGISTRATION PROVISIONS

Sec. 192.001. REGISTRATION REQUIRED. The birth of each child

born in this state shall be registered.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.002. FORM OF BIRTH CERTIFICATE. (a) The department

shall prescribe the form and contents of the birth certificate.

(b) The section of the birth certificate entitled "For Medical

and Health Use Only" is not part of the legal birth certificate.

Information held by the department under that section of the

certificate is confidential. That information may not be released

or made public on subpoena or otherwise, except that release may

be made for statistical purposes only so that no person, patient,

or facility is identified, or to medical personnel of a health

care entity, as that term is defined in Subtitle B, Title 3,

Occupations Code, or appropriate state or federal agencies for

statistical research. The board may adopt rules to implement this

subsection.

(c) The form must include a space for recording the social

security numbers of the mother and father and the signatures of

the biological mother and biological father. These social

security numbers and signatures are not a part of the legal birth

certificate, shall be made available to the agency administering

the state's plan under Part D of Title IV of the federal Social

Security Act (42 U.S.C. Section 651 et seq.), and may not be used

or disseminated for any purpose other than the establishment and

the enforcement of child support orders.

(d) The social security numbers of the mother and father

recorded on the form shall be made available to the federal

Social Security Administration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 7; Acts

1991, 72nd Leg., ch. 14, Sec. 56, eff. Sept. 1, 1991; Acts 1999,

76th Leg., ch. 556, Sec. 69, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.785, eff. Sept. 1, 2001.

Sec. 192.0021. HEIRLOOM BIRTH CERTIFICATE. (a) The department

shall promote and sell copies of an heirloom birth certificate.

The department shall solicit donated designs for the certificate

from Texas artists and select the best donated designs for the

form of the certificate. An heirloom birth certificate must

contain the same information as, and have the same effect of, a

certified copy of another birth record. The department shall

prescribe a fee for the issuance of an heirloom birth certificate

in an amount that does not exceed $50. The heirloom birth

certificate must be printed on high-quality paper with the

appearance of parchment not smaller than 11 inches by 14 inches.

(b) The department shall deposit 50 percent of the proceeds from

the sale of heirloom birth certificates to the credit of the

childhood immunization account and the other 50 percent to the

credit of the undedicated portion of the general revenue fund.

The childhood immunization account is an account in the general

revenue fund. Money in the account may be used only by the

Department of State Health Services for:

(1) making grants to fund childhood immunizations and related

education programs; and

(2) administering this section.

(c) The department may sell an heirloom birth certificate only

for an individual born in this state.

Added by Acts 1993, 73rd Leg., ch. 941, Sec. 1, eff. Aug. 30,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1265, Sec. 1, eff. September 1, 2005.

Sec. 192.0022. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH.

(a) In this section:

(1) "Stillbirth" means an unintended, intrauterine fetal death

occurring in this state after a gestational age of not less than

20 completed weeks.

(2) "Certificate of birth resulting in stillbirth" means a birth

certificate issued to record the birth of a stillborn child.

(b) The person who is required to file a fetal death certificate

under Section 193.002 shall advise the parent or parents of a

stillborn child:

(1) that a parent may, but is not required to, request the

preparation of a certificate of birth resulting in stillbirth;

(2) that a parent may obtain a certificate of birth resulting in

stillbirth by contacting the bureau of vital statistics to

request the certificate and paying the required fee; and

(3) regarding the way or ways in which a parent may contact the

bureau of vital statistics to request the certificate.

(c) A parent may provide a name for a stillborn child on the

request for a certificate of birth resulting in stillbirth. If

the requesting parent does not wish to provide a name, the bureau

of vital statistics shall fill in the certificate with the name

"baby boy" or "baby girl" and the last name of the parent. The

name of the stillborn child provided on or later added by

amendment to the certificate of birth resulting in stillbirth

shall be the same name as placed on the original or amended fetal

death certificate.

(d) A certificate of birth resulting in stillbirth must include

the state file number of the corresponding fetal death

certificate.

(e) The department shall prescribe the form and content of a

certificate of birth resulting in stillbirth and shall specify

the information necessary to prepare the certificate.

(f) The bureau of vital statistics may not use a certificate of

birth resulting in stillbirth to calculate live birth statistics.

(g) On issuance of a certificate of birth resulting in

stillbirth to a parent who has requested the certificate as

provided by this section, the bureau of vital statistics shall

file an exact copy of the certificate with the local registrar of

the registration district in which the stillbirth occurred. The

local registrar shall file the certificate of birth resulting in

stillbirth with the fetal death certificate.

(h) A parent may request the bureau of vital statistics to issue

a certificate of birth resulting in stillbirth without regard to

the date on which the fetal death certificate was issued.

(i) The executive commissioner of the Health and Human Services

Commission may adopt rules necessary to administer this section.

Added by Acts 2005, 79th Leg., Ch.

276, Sec. 1, eff. September 1, 2005.

Sec. 192.003. BIRTH CERTIFICATE FILED OR BIRTH REPORTED. (a)

The physician, midwife, or person acting as a midwife in

attendance at a birth shall file the birth certificate with the

local registrar of the registration district in which the birth

occurs.

(b) If a birth occurs in a hospital or birthing center, the

hospital administrator, the birthing center administrator, or a

designee of the appropriate administrator may file the birth

certificate in lieu of a person listed by Subsection (a).

(c) If there is no physician, midwife, or person acting as a

midwife in attendance at a birth and if the birth does not occur

in a hospital or birthing center, the following in the order

listed shall report the birth to the local registrar:

(1) the father or mother of the child; or

(2) the owner or householder of the premises where the birth

occurs.

(d) Except as provided by Subsection (e), a person required to

file a birth certificate or report a birth shall file the

certificate or make the report not later than the fifth day after

the date of the birth.

(e) Based on a parent's religious beliefs, a parent may request

that a person required to file a birth certificate or report a

birth delay filing the certificate or making the report until the

parent contacts the person with the child's name. If a parent

does not name the child before the fifth day after the date of

the birth due to the parent's religious beliefs, the parent must

contact the person required to file the birth certificate or

report the birth with the name of the child as soon as the child

is named. A person required to file the birth certificate or

report the birth who delays filing the certificate or making the

report in accordance with the parent's request shall file the

certificate or make the report not later than the 15th day after

the date of the child's birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 519, Sec. 1, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(21), eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 751, Sec. 124, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 556, Sec. 81, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

68, Sec. 1, eff. May 17, 2005.

Sec. 192.0031. INFORMATION OF BIRTH TO SCHOOL-AGE MOTHER. (a)

Notwithstanding Subchapter C, Chapter 552, Government Code, the

department shall notify the commissioner of education of each

birth to a school-age mother. The commissioner may notify the

school district in which a school-age mother resides of each

birth to a school-age mother.

(b) The department may not notify the commissioner of a birth to

a school-age mother if:

(1) the child died at birth; or

(2) the child was placed for adoption.

(c) A notification under this section must include the name and

address of the mother, the father, if the father is of school age

and is named on the birth certificate, and the person born.

Reports under this section shall be sent at least quarterly.

Added by Acts 1993, 73rd Leg., ch. 907, Sec. 6, eff. June 19,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(101),

eff. Sept. 1, 1995.

Sec. 192.004. INFORMATION OBTAINED BY LOCAL REGISTRAR. (a) The

local registrar shall obtain the information necessary to prepare

the birth certificate from the person reporting a birth or from

another person with the required knowledge if:

(1) the birth is reported under Section 192.003(c); or

(2) a person who files a certificate under Section 192.003(a) or

192.003(b) cannot by diligent inquiry obtain an item of

information required for the certificate.

(b) A person from whom a local registrar requests necessary

information shall answer correctly to the best of the person's

knowledge. On request of the local registrar, a person who makes

a statement under this section shall verify the statement by

signing it.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 2, eff. Sept. 1,

1993.

Sec. 192.005. RECORD OF PATERNITY. (a) The items on a birth

certificate relating to the child's father shall be completed

only if:

(1) the child's mother was married to the father:

(A) at the time of the child's conception;

(B) at the time of the child's birth; or

(C) after the child's birth;

(2) paternity is established by order of a court of competent

jurisdiction; or

(3) a valid acknowledgment of paternity executed by the father

has been filed with the bureau of vital statistics as provided by

Subchapter D, Chapter 160, Family Code.

(b) Repealed by Acts 2003, 78th Leg., ch. 610, Sec. 23, eff.

Sept. 1, 2003.

(c) A person may apply to the state registrar for the removal of

any indication of the absence of paternity of a child who has no

presumed father from the person's birth record.

(d) If the items relating to the child's father are not

completed on a birth certificate filed with the state registrar,

the state registrar shall notify the attorney general.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 8; Acts

1993, 73rd Leg., ch. 519, Sec. 2, eff. Sept. 1, 1993; Acts 1997,

75th Leg., ch. 165, Sec. 7.42, eff. Sept. 1, 1997; Acts 2003,

78th Leg., ch. 610, Sec. 21, 23, eff. Sept. 1, 2003.

Sec. 192.0051. REPORT OF DETERMINATION OF PATERNITY. (a) A

report of each determination of paternity in this state shall be

filed with the state registrar.

(b) On a determination of paternity, the petitioner shall

provide the clerk of the court in which the decree was granted

with the information necessary to prepare the report. The clerk

shall:

(1) report the determination on a form or in a manner provided

by the department; and

(2) complete the report immediately after the decree becomes

final.

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

forward to the state registrar the report for each decree that

became final in that court.

Added by Acts 1993, 73rd Leg., ch. 519, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 70, eff.

Sept. 1, 1999.

Sec. 192.006. SUPPLEMENTARY BIRTH CERTIFICATES. (a) A

supplementary birth certificate may be filed if the person who is

the subject of the certificate:

(1) becomes the child of the person's father by the subsequent

marriage of the person's parents;

(2) has the person's parentage determined by a court of

competent jurisdiction; or

(3) is adopted under the laws of any state.

(b) An application for a supplementary birth certificate may be

filed by:

(1) an adult whose status is changed; or

(2) a legal representative of the person whose status is

changed.

(c) The state registrar shall require proof of the change in

status that the board by rule may prescribe.

(d) Supplementary birth certificates and applications for

supplementary birth certificates shall be prepared and filed in

accordance with board rules.

(e) In accordance with board rules, a supplementary birth

certificate may be filed for a person whose parentage has been

determined by an acknowledgment of paternity.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 57, 58, eff. Sept.

1, 1991; Acts 1999, 76th Leg., ch. 556, Sec. 71, eff. Sept. 1,

1999.

Sec. 192.007. SUPPLEMENTARY CERTIFICATES FOR CHILD WHO DIES

BEFORE ADOPTION. (a) If a child in the process of being adopted

in this state dies before the adoption is completed, the persons

who attempted to adopt the child may request the state registrar

to file supplementary birth and death certificates for the child.

(b) Persons making a request under this section must include

with the request:

(1) sufficient information to prove that they attempted to adopt

the child and that the child died before the adoption was

completed;

(2) a copy of an irrevocable affidavit of relinquishment of

parental rights relating to the child;

(3) a copy of the affidavit of the status of the child, if

applicable; and

(4) any other information required by the department.

(c) On receipt of the information required by Subsection (b),

the state registrar shall complete birth and death certificates

as if the child had been adopted by court decree and then died.

(d) In the absence of evidence to the contrary, compliance with

this section and the completion of the birth certificate

constitute adoption by estoppel.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.008. BIRTH RECORDS OF ADOPTED PERSON. (a) The

supplementary birth certificate of an adopted child must be in

the names of the adoptive parents, one of whom must be a female,

named as the mother, and the other of whom must be a male, named

as the father. This subsection does not prohibit a single

individual, male or female, from adopting a child. Copies of the

child's birth certificates or birth records may not disclose that

the child is adopted.

(b) After a supplementary birth certificate of an adopted child

is filed, information disclosed from the record must be from the

supplementary certificate.

(c) The board shall adopt rules and procedures to ensure that

birth records and indexes under the control of the department or

local registrars and accessible to the public do not contain

information or cross-references through which the confidentiality

of adoption placements may be directly or indirectly violated.

The rules and procedures may not interfere with the registries

established under Subchapter E, Chapter 162, Family Code, or with

a court order under this section.

(d) Except as provided by Subsections (e) and (f), only the

court that granted the adoption may order access to an original

birth certificate and the filed documents on which a

supplementary certificate is based.

(e) A person applying for access to an original birth

certificate and the filed documents on which the supplementary

certificate is based is entitled to know the identity and

location of the court that granted the adoption. If that

information is not on file, the state registrar shall give the

person an affidavit stating that the information is not on file

with the state registrar. Any court of competent jurisdiction to

which the person presents the affidavit may order the access.

(f) An adult adoptee who is applying for access to the person's

original birth certificate and who knows the identity of each

parent named on the original birth certificate is entitled to a

noncertified copy of the original birth certificate without

obtaining a court order.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.43, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 561, Sec. 29, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

480, Sec. 1, eff. September 1, 2005.

Sec. 192.009. CERTIFICATE OF ADOPTION, ANNULMENT OF ADOPTION, OR

REVOCATION OF ADOPTION. (a) A certificate of each adoption,

annulment of adoption, and revocation of adoption decreed in this

state shall be filed with the state registrar.

(b) When a petition for adoption, annulment of adoption, or

revocation of adoption is granted, the petitioner shall supply

the clerk of the court the information necessary to prepare the

certificate. The clerk shall:

(1) prepare the certificate on a form furnished by the

department that provides the information prescribed by the

department; and

(2) complete the certificate immediately after the decree

becomes final.

(c) Not later than the 10th day of each month, the clerk shall

forward to the state registrar the certificates that the clerk

completed for decrees that became final in the preceding calendar

month.

(d) If the bureau of vital statistics determines that a

certificate filed with the state registrar under this section

requires correction, the bureau shall mail the certificate

directly to an attorney of record with respect to the petition of

adoption, annulment of adoption, or revocation of adoption. The

attorney shall return the corrected certificate to the bureau. If

there is no attorney of record, the bureau shall mail the

certificate to the clerk of the court for correction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1128, Sec. 1, eff. Sept. 1,

2003.

Sec. 192.010. CHANGE OF NAME. (a) Subject to board rules, an

adult whose name is changed by court order, or the legal

representative of any person whose name is changed by court

order, may request that the state registrar attach an amendment

showing the change to the person's original birth record.

(b) The state registrar shall require proof of the change of

name that the board by rule may prescribe.

(c) Repealed by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff.

Sept. 1, 1991.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff. Sept. 1,

1991.

Sec. 192.011. AMENDING BIRTH CERTIFICATE. (a) This section

applies to an amending birth certificate that is filed under

Section 191.028 and that completes or corrects information

relating to the person's sex, color, or race.

(b) On the request of the person or the person's legal

representative, the state registrar, local registrar, or other

person who issues birth certificates shall issue a birth

certificate that incorporates the completed or corrected

information instead of issuing a copy of the original or

supplementary certificate with an amending certificate attached.

(c) The department shall prescribe the form for certificates

issued under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY. (a) If

the mother of a child is not married to the father of the child,

a person listed in Section 192.003 who is responsible for filing

the birth certificate shall:

(1) provide an opportunity for the child's mother and putative

father to sign an acknowledgment of paternity as provided by

Subchapter C, Chapter 160, Family Code; and

(2) provide oral and written information to the child's mother

and putative father about:

(A) establishing paternity, including an explanation of the

rights and responsibilities that result from acknowledging

paternity; and

(B) the availability of child support services.

(b) The local registrar shall transmit the acknowledgment of

paternity to the state registrar.

(c) The state registrar shall record the information contained

in the acknowledgment of paternity and transmit the information

to the Title IV-D agency.

(d) The Title IV-D agency may use the information contained in

the acknowledgment of paternity for any purpose directly

connected with providing child support services under Chapter

231, Family Code.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 72, eff. Sept. 1,

1999.

SUBCHAPTER B. DELAYED REGISTRATION

Sec. 192.021. DELAY LESS THAN ONE YEAR. (a) A birth that

occurred more than five days but less than one year before the

date of an application for registration may be recorded on a

birth certificate and submitted for filing to the local registrar

of the registration district in which the birth occurred.

(b) The local registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The local registrar may

accept the certificate for filing if the evidence required by the

local registrar is submitted.

(c) Registration under this section is subject to board rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.022. DELAY OF ONE YEAR OR MORE: APPLICATION FILED WITH

STATE REGISTRAR. Subject to board rules, an application to file

a delayed birth certificate for a birth in this state not

registered before the one-year anniversary of the date of birth

shall be made to the state registrar.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.023. DELAY OF MORE THAN ONE BUT LESS THAN FOUR YEARS.

(a) A birth that occurred at least one year but less than four

years before the date of the application for registration shall

be recorded on a birth certificate in the form prescribed by the

state registrar and submitted to the state registrar for filing.

(b) The state registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The state registrar may

accept the certificate for filing if the evidence required by the

state registrar is submitted.

(c) A birth certificate filed under this section shall be marked

"Delayed" and must show on its face the date of registration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.024. DELAY OF FOUR YEARS OR MORE. (a) A birth that

occurred four or more years before the date of the application

for registration shall be recorded on a form entitled "Delayed

Certificate of Birth." The department shall prescribe and furnish

the form.

(b) The form shall provide for:

(1) the name and sex of the person whose birth is to be

registered;

(2) the place and date of the person's birth;

(3) the names of the person's parents;

(4) the place of birth of each parent;

(5) the date of registration; and

(6) any other information required by the state registrar.

(c) The information on the form must be subscribed and sworn to,

before an official authorized to administer oaths, by:

(1) the person whose birth is to be registered; or

(2) the person's parent, legal guardian, or legal representative

if the person is incompetent to swear to the information.

(d) The state registrar shall add to a certificate submitted

under this section:

(1) a description of each document submitted in support of the

delayed registration, including the title of the document or the

type of document;

(2) the name and address of the affiant if the document is an

affidavit of personal knowledge; and

(3) if the document is a record, or certified copy of a record,

of a business entry:

(A) the name and address of the custodian of the record;

(B) the date of the original entry; and

(C) the date of the certified copy.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.025. SUPPORTING DOCUMENTS. (a) The state registrar

shall accept an application under Section 192.024 if the

applicant's statement of date and place of birth and parentage is

established to the state registrar's satisfaction by the evidence

required by this section.

(b) The certification of the state registrar shall be added to a

certificate accepted for filing under this section.

(c) If the birth occurred at least four years but less than 15

years before the date of the application:

(1) the statement of date and place of birth must be supported

by at least two documents, only one of which may be an affidavit

of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(d) If the birth occurred 15 or more years before the date of

the application:

(1) the statement of date and place of birth must be supported

by at least three documents, only one of which may be an

affidavit of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(e) A document accepted as evidence under this section, other

than an affidavit of personal knowledge, must be at least five

years old. A copy or abstract of the document may be accepted if

certified as true and correct by the custodian of the document.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.026. REJECTION OR RETURN OF APPLICATION. (a) The

state registrar may not register a delayed birth certificate if:

(1) the applicant does not submit the documentary evidence

required by Section 192.025; or

(2) the state registrar finds reason to question the validity or

adequacy of the certificate or the documentary evidence.

(b) On the state registrar's refusal to register a certificate

under Subsection (a), the state registrar shall:

(1) furnish the applicant a statement of the reasons for the

refusal; and

(2) advise the applicant of the right to appeal to the county

court for probate matters of the county in which the birth

occurred, as provided by Section 192.027.

(c) If an application to file a delayed birth certificate is not

actively pursued, the state registrar shall:

(1) return the application, supporting evidence, and any related

instruments to the applicant; or

(2) make another disposition of those documents that the state

registrar considers appropriate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.027. REGISTRATION BY JUDICIAL ORDER. (a) If a delayed

birth certificate is not accepted for registration by the state

registrar, the person may file a petition in the county probate

court of the county in which the birth occurred for an order

establishing a record of the person's date of birth, place of

birth, and parentage.

(b) The petition must be on a form prescribed and furnished by

the department.

(c) The petition must be accompanied by:

(1) a statement of the state registrar issued under Section

192.026(b)(1); and

(2) the documentary evidence submitted to the state registrar in

support of the application.

(d) If the court finds from the evidence presented that the

person was born in this state, the court shall:

(1) make findings as to the person's date and place of birth and

parentage;

(2) make other findings required by the case; and

(3) enter an order on a form prescribed and furnished by the

department to establish a record of birth.

(e) An order under this section must include:

(1) the birth data to be registered;

(2) a description of the evidence presented; and

(3) the date of the court's action.

(f) Not later than the seventh day after the date on which the

order is entered, the clerk of the court shall forward the order

to the state registrar. The state registrar shall register the

order, which is the record of birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-3-vital-statistics > Chapter-192-birth-records

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 192. BIRTH RECORDS

SUBCHAPTER A. GENERAL REGISTRATION PROVISIONS

Sec. 192.001. REGISTRATION REQUIRED. The birth of each child

born in this state shall be registered.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.002. FORM OF BIRTH CERTIFICATE. (a) The department

shall prescribe the form and contents of the birth certificate.

(b) The section of the birth certificate entitled "For Medical

and Health Use Only" is not part of the legal birth certificate.

Information held by the department under that section of the

certificate is confidential. That information may not be released

or made public on subpoena or otherwise, except that release may

be made for statistical purposes only so that no person, patient,

or facility is identified, or to medical personnel of a health

care entity, as that term is defined in Subtitle B, Title 3,

Occupations Code, or appropriate state or federal agencies for

statistical research. The board may adopt rules to implement this

subsection.

(c) The form must include a space for recording the social

security numbers of the mother and father and the signatures of

the biological mother and biological father. These social

security numbers and signatures are not a part of the legal birth

certificate, shall be made available to the agency administering

the state's plan under Part D of Title IV of the federal Social

Security Act (42 U.S.C. Section 651 et seq.), and may not be used

or disseminated for any purpose other than the establishment and

the enforcement of child support orders.

(d) The social security numbers of the mother and father

recorded on the form shall be made available to the federal

Social Security Administration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 7; Acts

1991, 72nd Leg., ch. 14, Sec. 56, eff. Sept. 1, 1991; Acts 1999,

76th Leg., ch. 556, Sec. 69, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.785, eff. Sept. 1, 2001.

Sec. 192.0021. HEIRLOOM BIRTH CERTIFICATE. (a) The department

shall promote and sell copies of an heirloom birth certificate.

The department shall solicit donated designs for the certificate

from Texas artists and select the best donated designs for the

form of the certificate. An heirloom birth certificate must

contain the same information as, and have the same effect of, a

certified copy of another birth record. The department shall

prescribe a fee for the issuance of an heirloom birth certificate

in an amount that does not exceed $50. The heirloom birth

certificate must be printed on high-quality paper with the

appearance of parchment not smaller than 11 inches by 14 inches.

(b) The department shall deposit 50 percent of the proceeds from

the sale of heirloom birth certificates to the credit of the

childhood immunization account and the other 50 percent to the

credit of the undedicated portion of the general revenue fund.

The childhood immunization account is an account in the general

revenue fund. Money in the account may be used only by the

Department of State Health Services for:

(1) making grants to fund childhood immunizations and related

education programs; and

(2) administering this section.

(c) The department may sell an heirloom birth certificate only

for an individual born in this state.

Added by Acts 1993, 73rd Leg., ch. 941, Sec. 1, eff. Aug. 30,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1265, Sec. 1, eff. September 1, 2005.

Sec. 192.0022. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH.

(a) In this section:

(1) "Stillbirth" means an unintended, intrauterine fetal death

occurring in this state after a gestational age of not less than

20 completed weeks.

(2) "Certificate of birth resulting in stillbirth" means a birth

certificate issued to record the birth of a stillborn child.

(b) The person who is required to file a fetal death certificate

under Section 193.002 shall advise the parent or parents of a

stillborn child:

(1) that a parent may, but is not required to, request the

preparation of a certificate of birth resulting in stillbirth;

(2) that a parent may obtain a certificate of birth resulting in

stillbirth by contacting the bureau of vital statistics to

request the certificate and paying the required fee; and

(3) regarding the way or ways in which a parent may contact the

bureau of vital statistics to request the certificate.

(c) A parent may provide a name for a stillborn child on the

request for a certificate of birth resulting in stillbirth. If

the requesting parent does not wish to provide a name, the bureau

of vital statistics shall fill in the certificate with the name

"baby boy" or "baby girl" and the last name of the parent. The

name of the stillborn child provided on or later added by

amendment to the certificate of birth resulting in stillbirth

shall be the same name as placed on the original or amended fetal

death certificate.

(d) A certificate of birth resulting in stillbirth must include

the state file number of the corresponding fetal death

certificate.

(e) The department shall prescribe the form and content of a

certificate of birth resulting in stillbirth and shall specify

the information necessary to prepare the certificate.

(f) The bureau of vital statistics may not use a certificate of

birth resulting in stillbirth to calculate live birth statistics.

(g) On issuance of a certificate of birth resulting in

stillbirth to a parent who has requested the certificate as

provided by this section, the bureau of vital statistics shall

file an exact copy of the certificate with the local registrar of

the registration district in which the stillbirth occurred. The

local registrar shall file the certificate of birth resulting in

stillbirth with the fetal death certificate.

(h) A parent may request the bureau of vital statistics to issue

a certificate of birth resulting in stillbirth without regard to

the date on which the fetal death certificate was issued.

(i) The executive commissioner of the Health and Human Services

Commission may adopt rules necessary to administer this section.

Added by Acts 2005, 79th Leg., Ch.

276, Sec. 1, eff. September 1, 2005.

Sec. 192.003. BIRTH CERTIFICATE FILED OR BIRTH REPORTED. (a)

The physician, midwife, or person acting as a midwife in

attendance at a birth shall file the birth certificate with the

local registrar of the registration district in which the birth

occurs.

(b) If a birth occurs in a hospital or birthing center, the

hospital administrator, the birthing center administrator, or a

designee of the appropriate administrator may file the birth

certificate in lieu of a person listed by Subsection (a).

(c) If there is no physician, midwife, or person acting as a

midwife in attendance at a birth and if the birth does not occur

in a hospital or birthing center, the following in the order

listed shall report the birth to the local registrar:

(1) the father or mother of the child; or

(2) the owner or householder of the premises where the birth

occurs.

(d) Except as provided by Subsection (e), a person required to

file a birth certificate or report a birth shall file the

certificate or make the report not later than the fifth day after

the date of the birth.

(e) Based on a parent's religious beliefs, a parent may request

that a person required to file a birth certificate or report a

birth delay filing the certificate or making the report until the

parent contacts the person with the child's name. If a parent

does not name the child before the fifth day after the date of

the birth due to the parent's religious beliefs, the parent must

contact the person required to file the birth certificate or

report the birth with the name of the child as soon as the child

is named. A person required to file the birth certificate or

report the birth who delays filing the certificate or making the

report in accordance with the parent's request shall file the

certificate or make the report not later than the 15th day after

the date of the child's birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 519, Sec. 1, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(21), eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 751, Sec. 124, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 556, Sec. 81, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

68, Sec. 1, eff. May 17, 2005.

Sec. 192.0031. INFORMATION OF BIRTH TO SCHOOL-AGE MOTHER. (a)

Notwithstanding Subchapter C, Chapter 552, Government Code, the

department shall notify the commissioner of education of each

birth to a school-age mother. The commissioner may notify the

school district in which a school-age mother resides of each

birth to a school-age mother.

(b) The department may not notify the commissioner of a birth to

a school-age mother if:

(1) the child died at birth; or

(2) the child was placed for adoption.

(c) A notification under this section must include the name and

address of the mother, the father, if the father is of school age

and is named on the birth certificate, and the person born.

Reports under this section shall be sent at least quarterly.

Added by Acts 1993, 73rd Leg., ch. 907, Sec. 6, eff. June 19,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(101),

eff. Sept. 1, 1995.

Sec. 192.004. INFORMATION OBTAINED BY LOCAL REGISTRAR. (a) The

local registrar shall obtain the information necessary to prepare

the birth certificate from the person reporting a birth or from

another person with the required knowledge if:

(1) the birth is reported under Section 192.003(c); or

(2) a person who files a certificate under Section 192.003(a) or

192.003(b) cannot by diligent inquiry obtain an item of

information required for the certificate.

(b) A person from whom a local registrar requests necessary

information shall answer correctly to the best of the person's

knowledge. On request of the local registrar, a person who makes

a statement under this section shall verify the statement by

signing it.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 30, Sec. 2, eff. Sept. 1,

1993.

Sec. 192.005. RECORD OF PATERNITY. (a) The items on a birth

certificate relating to the child's father shall be completed

only if:

(1) the child's mother was married to the father:

(A) at the time of the child's conception;

(B) at the time of the child's birth; or

(C) after the child's birth;

(2) paternity is established by order of a court of competent

jurisdiction; or

(3) a valid acknowledgment of paternity executed by the father

has been filed with the bureau of vital statistics as provided by

Subchapter D, Chapter 160, Family Code.

(b) Repealed by Acts 2003, 78th Leg., ch. 610, Sec. 23, eff.

Sept. 1, 2003.

(c) A person may apply to the state registrar for the removal of

any indication of the absence of paternity of a child who has no

presumed father from the person's birth record.

(d) If the items relating to the child's father are not

completed on a birth certificate filed with the state registrar,

the state registrar shall notify the attorney general.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 8; Acts

1993, 73rd Leg., ch. 519, Sec. 2, eff. Sept. 1, 1993; Acts 1997,

75th Leg., ch. 165, Sec. 7.42, eff. Sept. 1, 1997; Acts 2003,

78th Leg., ch. 610, Sec. 21, 23, eff. Sept. 1, 2003.

Sec. 192.0051. REPORT OF DETERMINATION OF PATERNITY. (a) A

report of each determination of paternity in this state shall be

filed with the state registrar.

(b) On a determination of paternity, the petitioner shall

provide the clerk of the court in which the decree was granted

with the information necessary to prepare the report. The clerk

shall:

(1) report the determination on a form or in a manner provided

by the department; and

(2) complete the report immediately after the decree becomes

final.

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

forward to the state registrar the report for each decree that

became final in that court.

Added by Acts 1993, 73rd Leg., ch. 519, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 70, eff.

Sept. 1, 1999.

Sec. 192.006. SUPPLEMENTARY BIRTH CERTIFICATES. (a) A

supplementary birth certificate may be filed if the person who is

the subject of the certificate:

(1) becomes the child of the person's father by the subsequent

marriage of the person's parents;

(2) has the person's parentage determined by a court of

competent jurisdiction; or

(3) is adopted under the laws of any state.

(b) An application for a supplementary birth certificate may be

filed by:

(1) an adult whose status is changed; or

(2) a legal representative of the person whose status is

changed.

(c) The state registrar shall require proof of the change in

status that the board by rule may prescribe.

(d) Supplementary birth certificates and applications for

supplementary birth certificates shall be prepared and filed in

accordance with board rules.

(e) In accordance with board rules, a supplementary birth

certificate may be filed for a person whose parentage has been

determined by an acknowledgment of paternity.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 57, 58, eff. Sept.

1, 1991; Acts 1999, 76th Leg., ch. 556, Sec. 71, eff. Sept. 1,

1999.

Sec. 192.007. SUPPLEMENTARY CERTIFICATES FOR CHILD WHO DIES

BEFORE ADOPTION. (a) If a child in the process of being adopted

in this state dies before the adoption is completed, the persons

who attempted to adopt the child may request the state registrar

to file supplementary birth and death certificates for the child.

(b) Persons making a request under this section must include

with the request:

(1) sufficient information to prove that they attempted to adopt

the child and that the child died before the adoption was

completed;

(2) a copy of an irrevocable affidavit of relinquishment of

parental rights relating to the child;

(3) a copy of the affidavit of the status of the child, if

applicable; and

(4) any other information required by the department.

(c) On receipt of the information required by Subsection (b),

the state registrar shall complete birth and death certificates

as if the child had been adopted by court decree and then died.

(d) In the absence of evidence to the contrary, compliance with

this section and the completion of the birth certificate

constitute adoption by estoppel.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.008. BIRTH RECORDS OF ADOPTED PERSON. (a) The

supplementary birth certificate of an adopted child must be in

the names of the adoptive parents, one of whom must be a female,

named as the mother, and the other of whom must be a male, named

as the father. This subsection does not prohibit a single

individual, male or female, from adopting a child. Copies of the

child's birth certificates or birth records may not disclose that

the child is adopted.

(b) After a supplementary birth certificate of an adopted child

is filed, information disclosed from the record must be from the

supplementary certificate.

(c) The board shall adopt rules and procedures to ensure that

birth records and indexes under the control of the department or

local registrars and accessible to the public do not contain

information or cross-references through which the confidentiality

of adoption placements may be directly or indirectly violated.

The rules and procedures may not interfere with the registries

established under Subchapter E, Chapter 162, Family Code, or with

a court order under this section.

(d) Except as provided by Subsections (e) and (f), only the

court that granted the adoption may order access to an original

birth certificate and the filed documents on which a

supplementary certificate is based.

(e) A person applying for access to an original birth

certificate and the filed documents on which the supplementary

certificate is based is entitled to know the identity and

location of the court that granted the adoption. If that

information is not on file, the state registrar shall give the

person an affidavit stating that the information is not on file

with the state registrar. Any court of competent jurisdiction to

which the person presents the affidavit may order the access.

(f) An adult adoptee who is applying for access to the person's

original birth certificate and who knows the identity of each

parent named on the original birth certificate is entitled to a

noncertified copy of the original birth certificate without

obtaining a court order.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.43, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 561, Sec. 29, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

480, Sec. 1, eff. September 1, 2005.

Sec. 192.009. CERTIFICATE OF ADOPTION, ANNULMENT OF ADOPTION, OR

REVOCATION OF ADOPTION. (a) A certificate of each adoption,

annulment of adoption, and revocation of adoption decreed in this

state shall be filed with the state registrar.

(b) When a petition for adoption, annulment of adoption, or

revocation of adoption is granted, the petitioner shall supply

the clerk of the court the information necessary to prepare the

certificate. The clerk shall:

(1) prepare the certificate on a form furnished by the

department that provides the information prescribed by the

department; and

(2) complete the certificate immediately after the decree

becomes final.

(c) Not later than the 10th day of each month, the clerk shall

forward to the state registrar the certificates that the clerk

completed for decrees that became final in the preceding calendar

month.

(d) If the bureau of vital statistics determines that a

certificate filed with the state registrar under this section

requires correction, the bureau shall mail the certificate

directly to an attorney of record with respect to the petition of

adoption, annulment of adoption, or revocation of adoption. The

attorney shall return the corrected certificate to the bureau. If

there is no attorney of record, the bureau shall mail the

certificate to the clerk of the court for correction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1128, Sec. 1, eff. Sept. 1,

2003.

Sec. 192.010. CHANGE OF NAME. (a) Subject to board rules, an

adult whose name is changed by court order, or the legal

representative of any person whose name is changed by court

order, may request that the state registrar attach an amendment

showing the change to the person's original birth record.

(b) The state registrar shall require proof of the change of

name that the board by rule may prescribe.

(c) Repealed by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff.

Sept. 1, 1991.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 59, eff. Sept. 1,

1991.

Sec. 192.011. AMENDING BIRTH CERTIFICATE. (a) This section

applies to an amending birth certificate that is filed under

Section 191.028 and that completes or corrects information

relating to the person's sex, color, or race.

(b) On the request of the person or the person's legal

representative, the state registrar, local registrar, or other

person who issues birth certificates shall issue a birth

certificate that incorporates the completed or corrected

information instead of issuing a copy of the original or

supplementary certificate with an amending certificate attached.

(c) The department shall prescribe the form for certificates

issued under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY. (a) If

the mother of a child is not married to the father of the child,

a person listed in Section 192.003 who is responsible for filing

the birth certificate shall:

(1) provide an opportunity for the child's mother and putative

father to sign an acknowledgment of paternity as provided by

Subchapter C, Chapter 160, Family Code; and

(2) provide oral and written information to the child's mother

and putative father about:

(A) establishing paternity, including an explanation of the

rights and responsibilities that result from acknowledging

paternity; and

(B) the availability of child support services.

(b) The local registrar shall transmit the acknowledgment of

paternity to the state registrar.

(c) The state registrar shall record the information contained

in the acknowledgment of paternity and transmit the information

to the Title IV-D agency.

(d) The Title IV-D agency may use the information contained in

the acknowledgment of paternity for any purpose directly

connected with providing child support services under Chapter

231, Family Code.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 72, eff. Sept. 1,

1999.

SUBCHAPTER B. DELAYED REGISTRATION

Sec. 192.021. DELAY LESS THAN ONE YEAR. (a) A birth that

occurred more than five days but less than one year before the

date of an application for registration may be recorded on a

birth certificate and submitted for filing to the local registrar

of the registration district in which the birth occurred.

(b) The local registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The local registrar may

accept the certificate for filing if the evidence required by the

local registrar is submitted.

(c) Registration under this section is subject to board rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.022. DELAY OF ONE YEAR OR MORE: APPLICATION FILED WITH

STATE REGISTRAR. Subject to board rules, an application to file

a delayed birth certificate for a birth in this state not

registered before the one-year anniversary of the date of birth

shall be made to the state registrar.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.023. DELAY OF MORE THAN ONE BUT LESS THAN FOUR YEARS.

(a) A birth that occurred at least one year but less than four

years before the date of the application for registration shall

be recorded on a birth certificate in the form prescribed by the

state registrar and submitted to the state registrar for filing.

(b) The state registrar may require evidence to substantiate the

facts of the birth and may require a statement explaining the

delay in filing the birth certificate. The state registrar may

accept the certificate for filing if the evidence required by the

state registrar is submitted.

(c) A birth certificate filed under this section shall be marked

"Delayed" and must show on its face the date of registration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.024. DELAY OF FOUR YEARS OR MORE. (a) A birth that

occurred four or more years before the date of the application

for registration shall be recorded on a form entitled "Delayed

Certificate of Birth." The department shall prescribe and furnish

the form.

(b) The form shall provide for:

(1) the name and sex of the person whose birth is to be

registered;

(2) the place and date of the person's birth;

(3) the names of the person's parents;

(4) the place of birth of each parent;

(5) the date of registration; and

(6) any other information required by the state registrar.

(c) The information on the form must be subscribed and sworn to,

before an official authorized to administer oaths, by:

(1) the person whose birth is to be registered; or

(2) the person's parent, legal guardian, or legal representative

if the person is incompetent to swear to the information.

(d) The state registrar shall add to a certificate submitted

under this section:

(1) a description of each document submitted in support of the

delayed registration, including the title of the document or the

type of document;

(2) the name and address of the affiant if the document is an

affidavit of personal knowledge; and

(3) if the document is a record, or certified copy of a record,

of a business entry:

(A) the name and address of the custodian of the record;

(B) the date of the original entry; and

(C) the date of the certified copy.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.025. SUPPORTING DOCUMENTS. (a) The state registrar

shall accept an application under Section 192.024 if the

applicant's statement of date and place of birth and parentage is

established to the state registrar's satisfaction by the evidence

required by this section.

(b) The certification of the state registrar shall be added to a

certificate accepted for filing under this section.

(c) If the birth occurred at least four years but less than 15

years before the date of the application:

(1) the statement of date and place of birth must be supported

by at least two documents, only one of which may be an affidavit

of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(d) If the birth occurred 15 or more years before the date of

the application:

(1) the statement of date and place of birth must be supported

by at least three documents, only one of which may be an

affidavit of personal knowledge; and

(2) the statement of parentage must be supported by at least one

document, which may be a document qualifying for submission under

Subdivision (1).

(e) A document accepted as evidence under this section, other

than an affidavit of personal knowledge, must be at least five

years old. A copy or abstract of the document may be accepted if

certified as true and correct by the custodian of the document.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.026. REJECTION OR RETURN OF APPLICATION. (a) The

state registrar may not register a delayed birth certificate if:

(1) the applicant does not submit the documentary evidence

required by Section 192.025; or

(2) the state registrar finds reason to question the validity or

adequacy of the certificate or the documentary evidence.

(b) On the state registrar's refusal to register a certificate

under Subsection (a), the state registrar shall:

(1) furnish the applicant a statement of the reasons for the

refusal; and

(2) advise the applicant of the right to appeal to the county

court for probate matters of the county in which the birth

occurred, as provided by Section 192.027.

(c) If an application to file a delayed birth certificate is not

actively pursued, the state registrar shall:

(1) return the application, supporting evidence, and any related

instruments to the applicant; or

(2) make another disposition of those documents that the state

registrar considers appropriate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 192.027. REGISTRATION BY JUDICIAL ORDER. (a) If a delayed

birth certificate is not accepted for registration by the state

registrar, the person may file a petition in the county probate

court of the county in which the birth occurred for an order

establishing a record of the person's date of birth, place of

birth, and parentage.

(b) The petition must be on a form prescribed and furnished by

the department.

(c) The petition must be accompanied by:

(1) a statement of the state registrar issued under Section

192.026(b)(1); and

(2) the documentary evidence submitted to the state registrar in

support of the application.

(d) If the court finds from the evidence presented that the

person was born in this state, the court shall:

(1) make findings as to the person's date and place of birth and

parentage;

(2) make other findings required by the case; and

(3) enter an order on a form prescribed and furnished by the

department to establish a record of birth.

(e) An order under this section must include:

(1) the birth data to be registered;

(2) a description of the evidence presented; and

(3) the date of the court's action.

(f) Not later than the seventh day after the date on which the

order is entered, the clerk of the court shall forward the order

to the state registrar. The state registrar shall register the

order, which is the record of birth.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.