Adoptions CDCAT Winter Conference Leslie Olmos
Adoption Timeline
Start to Finish Obtain Court Family and File New Birth Order Done! Child Match Record Adoption
Certificate of Adoption
Completing COA • Either submit the CERTIFIED COA ONLY or UNCERTIFIED COA w/order • If filing as: • Single parent, order and COA must have parent’s name • 1 Step-Adoptive/1 Biological, order and COA must have both • Same-Sex Couple, both parents on order and COA(can choose titles on COA) • If order contradicts un-certified COA, will be rejected. • Please designate 1 party to submit ALL documents and fees • If no fees are attached, adoption will be filed BUT record will not be issued until fees are provided • Court order must have at LEAST: Initials/name of child, DOB, gender • “Parents’ rights terminated”, no longer needed in order
CAR(Central Adoption Registry)
Should I register for CAR? • Voluntary System for adult adoptee, birth parent, or sibling to place name on registry and locate other registered family members without going through the courts or spending high fees. • Requirements • Open to all below who are 18 years or older • Adult Adoptee(born and/or placed for adoption in Texas) • Birth Parents • Biological siblings of adult adoptee • May also apply with adoption agency that handled case, if registry is available. • ALL parties must register for there to be a match. • Information released with submissions of: • Consent to Release of Identifying Information • 1 hour Post-Adoption Counseling Session • Written biography/history about the participant’s life with copies of photos. Sent to other participant once information is exchanged.
HSEGH
HSEGH Report • Health, Social, Education and Genetic History Report • For all non-relative private adoptions, no adopting agency involved • Attorneys must submit report and addendum to VSS prior to consummation • Report is certified by VSS and receipt is sent to attorney; report may be waived by court • HSEGH (completed by attorney) • Addendum (completed by birth parents) • Cover Sheet(completed by attorney) • No fees required
Sealed Records
Request to Open Sealed Records • The contents of a sealed file will be released if a customer submits a certified copy of a court order signed by the judge of the court that granted the adoption. If the applicant is unsure where the adoption was granted, they will want to start with requesting an Identity of court. • The court order must include the following: • Child’s full name after adoption • Child’s full date of birth • Child’s place of birth • The order must instruct DSHS-Vital Statistics to open the sealed file • The customer must provide the following: • Current and Valid ID (court ordered name change or marriage license if the name on the ID does not match what is on the “current” birth record. • $10.00 fee • The birth of the registrant must be in Texas. If the registrant was adopted in Texas, but was born in another state we will reject the open sealed file request and refer the customer to the state they were born in.
Tips
Avoid Rejections • DO NOT USE WHITE OUT, nor scratch/cross-out information • Have ALL signatures • Please use Mother/Parent’s maiden names • Include ALL fees requested for type of adoption • Use ONE payment for request, not multiple checks/money orders, attach to adoption papers (no loose documents) • Submit CURRENT forms of identification • Use LEGAL names of petitioners • ALL parties must register for CAR for future information attainment • Attorneys/Families/Clerks: Check if a child’s name has previously been amended
HB 123
New Legislation: HB 123 • House Bill 123 states: On the request of a child or youth, the State Registrar, Local Registrar, or County Clerk shall issue without Fee or Parental Consent a certified copy of the child’s birth record to a homeless child or youth, a child in managing conservatorship of DFPS, or a young adult over 18 but under 21 who resides in foster care placement . • “Certification of Homeless Status for Texas Birth Certificate” form aids local registrars issuing these birth certificates without fees. • “Foster Care Verification” form is issued by DFPS case workers and used to obtain birth certificate fee waiver. • How do I waive? • On top of application for record request, write HB 123 • Submit application to State, document that record was issued under HB 123 • Credit on next month’s invoice
Forms/Resources
Forms and Links • https://www.dshs.state.tx.us/vs/reqproc/faq/mardiv.shtm#adopt (Adoption FAQ) • https://www.dfps.state.tx.us/Child_Protection/Adoption/default.asp (DFPS Adoption) • Forms (Birth, Death, Adoption, Paternity, Abortion) • VS 143 – Request for Identity of Court of Adoption • VS 2271 – Central Adoption Registry Application and Instructions • VS-210 Central Adoption Registry Request for Open Records • VS 145 – Adult Adoptee Application for Non-Certified Copy of Original Birth Certificate (info) • VS 160 – Certificate of Adoption (for attorneys and district clerks) • VS 166.531 – Validation Petition • VS 166.532 – Validation Order • CAR • Health, Social, Education and Genetic History Reporting Forms • Voluntary Central Adoption Registry Registration Application • Goodson V. Castellanos (Interesting adoption legal case)
Q & A
Thank you! Adoptions (CDCAT Winter Conference) Leslie.olmos1@dshs.Texas.gov
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