By Goodman, Van de Putte H.B. No. 659
74R1784 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voluntary termination of parental rights.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 15.021(b), Family Code, is amended to
1-5 read as follows:
1-6 (b) Except as otherwise provided by this subsection, if <If>
1-7 the petition is filed before the birth of the child, a <no> hearing
1-8 on the termination may not be held nor may orders other than
1-9 temporary orders be issued until the child is at least five days
1-10 old. If the petition to terminate parental rights is in a
1-11 proceeding in which an affidavit relinquishing parental rights
1-12 under Section 15.03 or an affidavit disclaiming interest in a child
1-13 under Section 15.041 has been executed, a hearing on the
1-14 termination may not be held and orders other than temporary orders
1-15 may not be issued until after the date the affidavit becomes
1-16 irrevocable.
1-17 SECTION 2. Section 15.03, Family Code, is amended to read as
1-18 follows:
1-19 Sec. 15.03. Affidavit of Relinquishment of Parental Rights.
1-20 (a) An affidavit for voluntary relinquishment of parental rights
1-21 must be signed after the birth of the child by the parent, whether
1-22 or not a minor, whose parental rights are to be relinquished,
1-23 witnessed by two credible persons, and verified before any person
1-24 authorized to take oaths. The affidavit may not be signed before
2-1 48 hours after the birth of the child. The mother of the child
2-2 may waive the 48-hour waiting period if a doctor has recommended
2-3 that the mother be released from the hospital before the expiration
2-4 of that period.
2-5 (b) The affidavit must contain:
2-6 (1) the name, address, and age of the parent whose
2-7 parental rights are being relinquished;
2-8 (2) the name, age, and birthdate of the child;
2-9 (3) the names and addresses of the guardians of the
2-10 person and estate of the child, if any;
2-11 (4) a statement that the affiant is or is not
2-12 presently obligated by court order to make payments for the support
2-13 of the child;
2-14 (5) a full description and statement of value of all
2-15 property owned or possessed by the child;
2-16 (6) allegations that termination of the parent-child
2-17 relationship is in the best interest of the child;
2-18 (7) one of the following, as applicable:
2-19 (A) the name and address of the other parent;
2-20 (B) a statement that the parental rights of the
2-21 other parent have been terminated by death or court order; or
2-22 (C) a statement that the child has no presumed
2-23 father and that an affidavit of status of child has been executed
2-24 as provided by Section 15.04 of this code;
2-25 (8) a statement that the parent has been informed of
2-26 his parental rights, powers, duties, and privileges; <and>
2-27 (9) a statement containing a notice in boldfaced type
3-1 concerning the right of the parent signing the affidavit to revoke
3-2 the affidavit only if the revocation is made before the 11th day
3-3 after the date the affidavit is executed; and
3-4 (10) the <a statement that the relinquishment is
3-5 revocable, or that the relinquishment is irrevocable, or that the
3-6 relinquishment is irrevocable for a stated period of time.>
3-7 <(c) The affidavit may contain:>
3-8 <(1) a> designation of a <any> qualified person, the
3-9 <Texas> Department of Protective and Regulatory <Human> Services if
3-10 the department has consented in writing to the designation, or any
3-11 authorized agency as managing conservator of the child and the
3-12 address of the person or agency.<;>
3-13 (c) The affidavit may contain:
3-14 (1) <(2)> a waiver of process in a suit to terminate
3-15 the parent-child relationship brought under Section 15.02(1)(K) of
3-16 this code, or in a suit to terminate joined with a petition for
3-17 adoption under Section 16.03(b) of this code; and
3-18 (2) <(3)> a consent to the placement of the child for
3-19 adoption by the <Texas> Department of Protective and
3-20 Regulatory <Human> Services or by an agency authorized by the
3-21 <Texas> Department of Protective and Regulatory <Human> Services to
3-22 place children for adoption.
3-23 (d) An affidavit of relinquishment of parental rights which
3-24 designates as the managing conservator of the child the <Texas>
3-25 Department of Protective and Regulatory <Human> Services or an
3-26 agency authorized by the <Texas> Department of Protective and
3-27 Regulatory <Human> Services to place children for adoption and
4-1 any <is irrevocable. Any> other affidavit of relinquishment may be
4-2 revoked only if the revocation is made before the 11th day after
4-3 the date the affidavit is executed. The affidavit <is revocable
4-4 unless it expressly provides that it> is irrevocable on or <for a
4-5 stated period of time not to exceed 60 days> after the 11th day
4-6 after the date of its execution.
4-7 SECTION 3. Section 15.041, Family Code, is amended by
4-8 amending Subsection (e) and adding Subsection (f) to read as
4-9 follows:
4-10 (e) In a suit to adopt a child or in a suit brought by the
4-11 <Texas> Department of Protective and Regulatory <Human> Services or
4-12 an authorized agency for the purpose of terminating all legal
4-13 relationships and rights which exist or may exist between the
4-14 child's parents and the child, the court may render a decree
4-15 terminating all legal relationships and rights which exist or may
4-16 exist between a child and a man who has executed an affidavit of
4-17 waiver of interest in the child, including the right to seek
4-18 voluntary paternity of the child, if the court finds that rendition
4-19 of the decree is in the best interest of the child.
4-20 (f) An affidavit under this section may be revoked only if
4-21 the revocation is made before the 11th day after the date the
4-22 affidavit is executed. The affidavit is irrevocable on or after
4-23 the 11th day after the date the affidavit is executed.
4-24 SECTION 4. This Act takes effect September 1, 1995, and
4-25 applies only to an affidavit to relinquish parental rights or to
4-26 disclaim interest in a child executed on or after that date. An
4-27 affidavit executed before the effective date of this Act is
5-1 governed by the law in effect on the date the affidavit was
5-2 executed, and the former law is continued in effect for that
5-3 purpose.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.