Rep. Rafael Anchia, D-Dallas, and Sen. Sylvia Garcia, D-Houston, filed companion bills today (Wednesday, Dec. 17) that would allow adopted children in Texas to have the names of both parents listed on their supplemental birth certificates, regardless of the parents’ gender.
HB 537 and SB 250 would amend the Texas Health and Safety Code, which requires the supplemental birth certificate of an adopted child be in the names of the adoptive parents, one female and the other male.
“Texas families come in all shapes and sizes, including those formed by adoption. An adopted child needs to have a birth certificate that accurately reflects the child’s family,“ said Anchia. “Texas laws should protect and support the rights of children and families — not hinder them.”
Under the current law, adopted children of same-gender couples are denied accurate birth certificates, which can cause difficulty in obtaining a passport or Social Security card or in registering for school.
“This bill removes an unreasonable obstacle to some children getting the important legal documentation they need,“ Garcia said. “A birth certificate is vital and should accurately reflect both parents. Neither these children nor their parents should be burdened with an incomplete birth certificate that omits a loving parent.”
As it stands, the requirement compels same-gender parents to carry and present documentation proving their legal parentage for medical care, school enrollment and international travel. Without a birth certificate, the child is left in legal limbo and can never have the same recognition of family status that is afforded other adopted children.
This will be the fourth consecutive legislative session that Anchia has filed this legislation. This is the first time the bill has been filed in the Senate.