|
House Bill 3997 |
House Author: Puente |
|
Effective: 9-1-07 |
Senate Sponsor: Harris |
House Bill 3997 amends provisions of the Family Code relating to the determination of paternity and termination of an alleged father's parental rights. The bill provides that, if a child is under one year of age when a petition for termination of the parent-child relationship or for adoption is filed and an alleged father has not registered with the paternity registry as required under the Uniform Parentage Act, the parental rights of the alleged father may be terminated. The bill provides that a termination of parental rights that is rendered on or after January 1, 2008, does not require personal service of citation or citation by publication on the alleged father, and there is no requirement to identify or locate an alleged father who has not registered with the paternity registry. The bill replaces a provision relating to evidence a court must consider before rendering an order to terminate parental rights with a provision prohibiting such an order without a search of the registry that indicates that no man has registered the intent to claim paternity. A search is not required if a parent-child relationship exists between a man and the child and the man has been served notice of the proceeding for terminating the parent-child relationship. The bill provides that a waiver in any affidavit of interest in a child is irrevocable, and removes provisions relating to an affidavit of status of child with no presumed father. It establishes a rebuttable presumption that a parent who abandons a child by delivering the child to a designated emergency infant care provider intends to waive the right to notice of the suit terminating the parent-child relationship.