### THEAITORNEY GENERAL OFTEXAS

Dr. W. A. Davis, StateRegistrar Bureau of Vital Statirtlcs Texas State Board of Health Austin 2, Texas Dear Sir: OpinionNo. O-7001 Re: Birth certificate8for adopted children. Your request for our opinion on the above question reads a8 follows: "I am enclosing a photostatic copy of a letter received from Hon. LelandM. Johnson,Attorney at Law, Dallas,Texas, and also a copy of my reply, and a photoatatic copy of the birth certificate which was filed for the adopted child. "May I ask you to look over them carefully,and if I am in error In declining to falsify the birth certificateof this childby giving the place of adoption as the place of birth, will you please callmy attention to it immediately." The letter to you from Honorable LelandM. Johnson reads as follows: "Pleasemail me a Birth Certificate for Darla Jan Clayton. "I recentlywrote requestinga Certificatebut apparentlymade the mistake of calling for a photostatic copy of a certificatewhich I had enclosed in my letter on the occasion,and you.respondedby sendingme a photostatic copy of a certificatewhich is of no use and benefit to my clients,the adopting parties.a,~ "Youwill find enclosed a photostatic copy for,which I wish to make this inquiry: "1. The adopting parents desire that the birth certificate show the child to be born in Dallas, Dallas County,Texas, rather than Louisville,Jefferson County,Kentucky. 18 that requestmet on the after-adoption certificate? "2, You will note on the photostatic copy enclosed that Items 20 and 21 are not answered, and shouldnot the afteradoption certificateof birth show an answer of one (1) child?Dr. W. A. Davis, page 2 (0-7001,j

"I herewith enclosemy check for $0.50 for the Birth Certificate above requested. Piease mal,lsame~tothe writer." Your reply to said letter i,s as follows: "I have your letter of December 11. "You returnedwith that letter a photostatic copy of the birth record of Darla Jar:Clayton, the adopted child of Archie Davis Clayton and his wife. The certifi,cate shows that shewas born March 18, 194,sin Louieville,Jefferson County, Kentucky. You also enclose your checkNo. 

### ,331 for fifty cents, on the Texas Bank and Trust Compan,y, and state that the adoptingparents desire the birth certificateto show that the childwas born in Dallas, Dallas Cour.ty, Texas, where adopted, rather than in Louisville,Jefferson County, Kentucky,where the child was born. "Further,you ask that item 20 'numberof childrenborn to this mother includingthis birth' be shown as 1, and item 21 'numberof childrenborn to this mother and now living' as 1. "The StateRegi.strar was not preeent at either the birth or the adoption of this child a:ndcan know nothing exceptwhat the records show. Upon the receipt of the adoption decree, the birth certificatefor the adopted child is written so as to show the facts stated in the adoption decree, the report of adoption, and the informationfurnished relative to the adoptingparente. "I cannot complywith the request of your clientsand change the record so as to show ,the place of adoption as the place of birth, for that would be contradictoryto all 

### 3 of the documents previously filed. I cannot show that this was the first child born to this mother unless the statement furnishedby the adopting parents carried .thatinformation. "If this child is the natural child of eitherMr. Clayton or Mrs. Clayton, then the form upon which the informationwas furnished relative to the adopting parents shouldhave been changed so as to show that fact. This could have been done by etriking out the words 'byadoption' in the proper place. "As to items 20 and 21, if Darla Jan Claytonwas born to Mrlr.Clayton, then items 20 and 21 shouldbe filled out according to the facts. "I am sure that your clients after thinking the matter over will not insist that I substitute on the birth certificatethe place of adoption for the place of birth, for such is not the case unless the other records are in error.Dr. W. A. Davis, page 

### 3 (o-7001)

“Since I cannot complywith your request, I am returning the fifty centswith this letter, and also the photostatic copy of the record issued December 6, 1945.” The photostatic copy of the birth certificateof the child referred to shows that said childw&a born in Louisville,Jefferson County, Kentucky.

In our opinion,you were not in error in declining to give the place of adoption a8 the place of birth of said child, for the following reasons:

Art. 46a, Sec. 1, Vernon’sAnnotated Civil Statutes,provides in part as followB:

“Any adult resident of thia Statemay petition the District Court in the Dietrict of his residence or In the District of the residence of the child to be adopted for leave to adopt a minor child; such petition shall set forth the facts relevant to petitioner and child, and be verified by the affidavit of the petitioner. * * *’ One of the facts relevant to the child that shouldbe set forth In saidpetition is the place of birth of said child.

Art. 

### 4477,

Rule 47a, Subdivision

### 26,is in p&t 88 follows: “Provided further upon entry of final order of adoption the Judge or Clerk of Court shall notify the Registrar of vital etatlstics in State Department of Health of action taken, giving the names and addreeses of the natural parents if known or of the child’snext kin, the date bfbirth and name of such childbefore and after adoption and the name and addreaees ‘offosterparents. * * * Upon receipt of copy of any final order of adoption the StateRegistrar ofVital Statletics shall cause to be made a record of the birth in the new name or namea of the adopting parent8 or parent.” SaidRule 47a’alsoprovidea a8 follows: “That the certificate of birth shall contain the following items,which are hereby declarednec~eseary for the legal, social, and sanitarypurposes subservedby registrationrecords; “(1) Place of birth, includingState, county,precinct, town, or city. If in a city, the ward,’street,@nd,houaenumber; if in a hoepital or other Institution,the name of the Bame to be given, instead of the etreet and house numb&.” We think it ie clear from the above provisions of the >statuteBthat the actual place of birth of aatd child ir requiredto be stated in said certificate of tirth. There **is** no Buthority for eubstitutingfor the place of. ,.

Dr. W. A. Davis, page 4 (o-7001)

birth the place of adoption. This is tmJe for the additional reason that such changemight interferewith the identificatl,on of such child and prevent said child from inheriting from its natural parents, though Section 9 of Art. 

### 46a specificallyprovides tha% nothing in said law shallprevent an adopted child from inheriting from i,ta natural parents, and that all adopted children shall inherit from the adopted.aswell aB itsnatural parenta.

APPROVED JAN 22, 1946 /a/ Carlo6 C. Ashley 'FIIIST ASSISTAiQ ATTORNEY GENERAL ' Yom-e very truly, ATTORNEY GENERAL OFTEXAS By /B/ Jas. W. Baeaett

Jas. W. Baesett Aselstant JWB:LJ:LM

APPROVED OPINION COMMI!J.TEE BY **/B/ EUE**  CHAIRMAN