1-1 AN ACT
1-2 relating to the parent-child relationship, including suits
1-3 affecting the parent-child relationship, the establishment of
1-4 paternity, the termination of the parent-child relationship, and
1-5 the adoption of children; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 102.009(a), Family Code, is amended to
1-8 read as follows:
1-9 (a) Except as provided by Subsection (b), the following are
1-10 entitled to service of citation on the filing of a petition in an
1-11 original suit:
1-12 (1) a managing conservator;
1-13 (2) a possessory conservator;
1-14 (3) a person having possession of or access to the
1-15 child under an order;
1-16 (4) a person required by law or by order to provide
1-17 for the support of the child;
1-18 (5) a guardian of the person of the child;
1-19 (6) a guardian of the estate of the child;
1-20 (7) each parent as to whom the parent-child
1-21 relationship has not been terminated or process has not been waived
1-22 under Chapter 161;
1-23 (8) an alleged father, unless there is attached to the
1-24 petition an affidavit of waiver of interest in a child executed by
2-1 the alleged father as provided by Chapter 161 or unless the
2-2 petitioner has complied with the provisions of Section
2-3 161.002(b)(2) or (b)(3); [and]
2-4 (9) a man who has filed a notice of intent to claim
2-5 paternity as provided by Subchapter D, Chapter 160; and
2-6 (10) the Department of Protective and Regulatory
2-7 Services, if the petition requests that the department be appointed
2-8 as managing conservator of the child.
2-9 SECTION 2. Section 102.011(b), Family Code, is amended to
2-10 read as follows:
2-11 (b) The court may also exercise personal jurisdiction over a
2-12 person on whom service of citation is required or over the person's
2-13 personal representative, although the person is not a resident or
2-14 domiciliary of this state, if:
2-15 (1) the person is personally served with citation in
2-16 this state;
2-17 (2) the person submits to the jurisdiction of this
2-18 state by consent, by entering a general appearance, or by filing a
2-19 responsive document having the effect of waiving any contest to
2-20 personal jurisdiction;
2-21 (3) the child resides in this state as a result of the
2-22 acts or directives of the person;
2-23 (4) the person resided with the child in this state;
2-24 (5) the person resided in this state and provided
2-25 prenatal expenses or support for the child;
2-26 (6) the person engaged in sexual intercourse in this
2-27 state and the child may have been conceived by that act of
3-1 intercourse; [or]
3-2 (7) the person registered with the paternity registry
3-3 maintained by the bureau of vital statistics as provided by Chapter
3-4 160; or
3-5 (8) there is any basis consistent with the
3-6 constitutions of this state and the United States for the exercise
3-7 of the personal jurisdiction.
3-8 SECTION 3. Section 107.013, Family Code, is amended to read
3-9 as follows:
3-10 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
3-11 [INDIGENT] PARENT. (a) In a suit in which termination of the
3-12 parent-child relationship is requested, the court shall appoint an
3-13 attorney ad litem to represent the interests of:
3-14 (1) an [each] indigent parent of the child who
3-15 responds in opposition to the termination;
3-16 (2) a parent served by citation by publication;
3-17 (3) an alleged father who failed to register with the
3-18 registry under Subchapter D, Chapter 160, and whose identity or
3-19 location is unknown; and
3-20 (4) an alleged father who registered with the
3-21 paternity registry under Subchapter D, Chapter 160, but the
3-22 petitioner's attempt to personally serve citation at the address
3-23 provided to the registry and at any other address for the alleged
3-24 father known by the petitioner has been unsuccessful.
3-25 (b) If both parents of the child are entitled to the
3-26 appointment of an attorney ad litem under this section [indigent
3-27 and oppose termination] and the court finds that the interests of
4-1 the parents are not in conflict, the court may appoint a single
4-2 attorney ad litem to represent the interests of both parents.
4-3 SECTION 4. Section 153.434, Family Code, is amended to read
4-4 as follows:
4-5 Sec. 153.434. Limitation on Right to Request Access. A
4-6 biological or adoptive grandparent may not request possession of or
4-7 access to a grandchild if:
4-8 (1) the grandparent is a parent of a person whose
4-9 parental rights with the child have been terminated by court order
4-10 or by death; or [and]
4-11 (2) the grandparent is a parent of a person who has
4-12 executed an affidavit of waiver of interest in child or an
4-13 affidavit of relinquishment of parental rights under Chapter 161
4-14 and the affidavit designates an authorized agency, licensed
4-15 child-placing agency, or person other than the child's stepparent
4-16 as the managing conservator of the child; and
4-17 (3) the other biological parent has died, has executed
4-18 an affidavit of waiver of interest in child or an affidavit of
4-19 relinquishment of parental rights under Chapter 161, or has had
4-20 that parent's parental rights terminated and the grandchild has
4-21 been adopted by a person other than the child's stepparent.
4-22 SECTION 5. Section 159.201, Family Code, is amended to read
4-23 as follows:
4-24 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
4-25 proceeding to establish, enforce, or modify a support order or to
4-26 determine parentage, a tribunal of this state may exercise personal
4-27 jurisdiction over a nonresident individual or the individual's
5-1 guardian or conservator if:
5-2 (1) the individual is personally served with citation
5-3 in this state;
5-4 (2) the individual submits to the jurisdiction of this
5-5 state by consent, by entering a general appearance, or by filing a
5-6 responsive document having the effect of waiving any contest to
5-7 personal jurisdiction;
5-8 (3) the individual resided with the child in this
5-9 state;
5-10 (4) the individual resided in this state and provided
5-11 prenatal expenses or support for the child;
5-12 (5) the child resides in this state as a result of the
5-13 acts or directives of the individual;
5-14 (6) the individual engaged in sexual intercourse in
5-15 this state and the child may have been conceived by that act of
5-16 intercourse; [or]
5-17 (7) the individual asserted parentage in the paternity
5-18 registry maintained in this state by the bureau of vital
5-19 statistics; or
5-20 (8) there is any other basis consistent with the
5-21 constitutions of this state and the United States for the exercise
5-22 of personal jurisdiction.
5-23 SECTION 6. Chapter 160, Family Code, is amended by adding
5-24 Subchapter D to read as follows:
5-25 SUBCHAPTER D. PATERNITY REGISTRY
5-26 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
5-27 of vital statistics shall establish a paternity registry.
6-1 (b) The bureau of vital statistics shall administer the
6-2 registry to:
6-3 (1) protect the parental rights of fathers who
6-4 affirmatively assume responsibility for children they may have
6-5 fathered; and
6-6 (2) expedite adoptions of children whose biological
6-7 fathers are unwilling to assume responsibility for their children
6-8 by registering with the registry or otherwise acknowledging their
6-9 children.
6-10 (c) The registry does not relieve a mother of the obligation
6-11 to identify the known father of her child.
6-12 (d) A man is not required to register with the paternity
6-13 registry if he:
6-14 (1) is presumed to be the biological father of a child
6-15 under Chapter 151; or
6-16 (2) has been adjudicated to be the biological father
6-17 of a child by a court of competent jurisdiction.
6-18 Sec. 160.252. REQUIRED INFORMATION. A man registering with
6-19 the registry shall provide:
6-20 (1) the name, last known address, driver's license
6-21 number, and social security number, if known, of the mother of the
6-22 child;
6-23 (2) the name of the child and the location and date of
6-24 birth of the child, if known, or the probable month and year of the
6-25 expected birth of the child;
6-26 (3) the man's name, address, driver's license number,
6-27 and social security number; and
7-1 (4) a statement in which the man claims to be the
7-2 father of the child identified by the man.
7-3 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
7-4 registry shall record the name, address, driver's license number,
7-5 and social security number of a man who claims to be the father of
7-6 a child whose paternity has not been adjudicated by a court of
7-7 competent jurisdiction by giving notice of intent to claim
7-8 paternity, as provided by this subchapter.
7-9 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
7-10 sexual intercourse with a person of the opposite sex is deemed to
7-11 have knowledge that sexual intercourse can result in the woman's
7-12 pregnancy.
7-13 (b) Except as provided by this subchapter, a man who claims
7-14 to be the father of a child shall file a notice of intent to assert
7-15 as provided by this subchapter his right to establish paternity of
7-16 a child that may result from the sexual intercourse.
7-17 (c) Ignorance of a pregnancy is not a sufficient reason for
7-18 failing to register with the registry to claim paternity of the
7-19 child born of the pregnancy.
7-20 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
7-21 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
7-22 provided, the registry shall send a copy of the notice of intent to
7-23 claim paternity to the mother as notification that a man has
7-24 registered with the paternity registry claiming to be the father of
7-25 the mother's child.
7-26 (b) Information contained in the registry is confidential
7-27 and may be released on request only to:
8-1 (1) a court;
8-2 (2) the mother of a child;
8-3 (3) an authorized agency;
8-4 (4) a licensed child-placing agency;
8-5 (5) an attorney at law in this state who is
8-6 participating or assisting in a suit affecting the parent-child
8-7 relationship, including termination of the parent-child
8-8 relationship or a suit for the adoption of the child that the
8-9 registrant claims to have fathered; or
8-10 (6) any other person or entity the bureau of vital
8-11 statistics considers to have a legitimate interest in the
8-12 information.
8-13 (c) The registry shall furnish registry information by
8-14 electronic data exchange or any other means to the state's Title
8-15 IV-D agency and the Department of Protective and Regulatory
8-16 Services.
8-17 (d) A person commits an offense if the person intentionally
8-18 and unlawfully releases information from the registry to the public
8-19 or makes any other unlawful use of the information in violation of
8-20 this subchapter. An offense under this subsection is a Class B
8-21 misdemeanor.
8-22 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
8-23 Except as provided by Subsection (d), a person may register as
8-24 provided by this subchapter by filing a notice of intent to claim
8-25 paternity on a form provided by the bureau of vital statistics.
8-26 This form shall be signed and acknowledged before a notary public.
8-27 (b) The bureau shall make registration forms available to
9-1 all:
9-2 (1) hospitals and other birthing places in this state;
9-3 (2) licensed child-placing agencies;
9-4 (3) county and district clerks;
9-5 (4) municipal clerks;
9-6 (5) justices of the peace;
9-7 (6) jails;
9-8 (7) prisons; and
9-9 (8) facilities of the Texas Department of Criminal
9-10 Justice and Texas Youth Commission.
9-11 (c) A notice of intent to claim paternity may be filed
9-12 before the birth of the child but may not be filed after the 30th
9-13 day after the date of birth of the child.
9-14 (d) If the bureau of vital statistics has received from the
9-15 clerk of the court notice under Chapter 108 of a decree terminating
9-16 the parent-child relationship between the person applying to
9-17 register and the child, the bureau shall notify the person that the
9-18 person's parent-child relationship with the child has been
9-19 terminated and may not enter into the registry a notice of intent
9-20 to claim paternity filed by the person.
9-21 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
9-22 NOTIFICATION. (a) Not later than the 30th day after the date of
9-23 the receipt of notification from the bureau of vital statistics
9-24 that a notice of intent to claim paternity has been filed, the
9-25 mother of the child may deny the registrant's claim of paternity on
9-26 a form provided by the bureau and signed and acknowledged before a
9-27 notary public.
10-1 (b) If the mother denies that the registrant is the father
10-2 of the child, the bureau of vital statistics shall immediately
10-3 notify the registrant of the denial and of the registrant's right
10-4 to file a legal action to establish paternity.
10-5 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
10-6 Except as provided by Chapter 102 and Chapter 161, a man who fails
10-7 to file a notice of intent to claim paternity before the 30th day
10-8 after the date of the birth of the child may not assert an interest
10-9 in the child other than by filing a suit to establish paternity
10-10 before the termination of the man's parental rights.
10-11 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
10-12 (a) A man who files a notice of intent to claim paternity with the
10-13 registry shall promptly notify the registry in writing of any
10-14 change in the information, including a change of address.
10-15 (b) A man who files a notice of intent to claim paternity
10-16 may at any time revoke the notice by sending the registry a written
10-17 statement signed and acknowledged by the registrant before a notary
10-18 public. The statement must include a declaration that, to the best
10-19 of the registrant's knowledge and belief:
10-20 (1) the registrant is not the father of the named
10-21 child; or
10-22 (2) a court has adjudicated paternity and a person
10-23 other than the registrant has been determined to be the father of
10-24 the child.
10-25 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
10-26 On request, the bureau of vital statistics shall furnish a
10-27 certificate, signed by the state registrar of vital statistics,
11-1 attesting to the results of a search of the registry regarding a
11-2 notice of intent to claim paternity to:
11-3 (1) a court;
11-4 (2) the mother of a child;
11-5 (3) an authorized agency;
11-6 (4) a licensed child-placing agency;
11-7 (5) an attorney licensed to practice law in this state
11-8 who is participating or assisting in an adoption; or
11-9 (6) any other person or entity the bureau of vital
11-10 statistics considers to have a legitimate interest in the
11-11 information.
11-12 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
11-13 determines that a registrant is not the father of the child, the
11-14 court shall order the bureau of vital statistics to remove the
11-15 registrant's name from the registry. On receipt of an order for
11-16 the removal of a registrant's name, the bureau of vital statistics
11-17 shall remove the name from the registry.
11-18 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
11-19 for filing with the registry a notice of intent to claim paternity
11-20 of a child or a denial of a registrant's paternity.
11-21 (b) Except as provided by Subsection (c), the Texas
11-22 Department of Health may charge a fee for processing a search of
11-23 the paternity registry and for furnishing a certificate under
11-24 Section 160.260.
11-25 (c) The Department of Protective and Regulatory Services and
11-26 the Title IV-D agency are not required to pay a fee under
11-27 Subsection (b).
12-1 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
12-2 REGISTRY. Information maintained by the paternity registry is
12-3 admissible in a proceeding in a court or administrative tribunal of
12-4 this state for any purpose, including for the establishment of the
12-5 registrant's paternity or an action to terminate parental rights.
12-6 SECTION 7. Section 161.002, Family Code, is amended by
12-7 amending Subsection (b) and adding Subsections (c)-(f) to read as
12-8 follows:
12-9 (b) The rights of an alleged biological father may be
12-10 terminated if: [,]
12-11 (1) after being served with citation, he does not
12-12 respond by timely filing an admission of paternity or a
12-13 counterclaim for paternity under Chapter 160 prior to the final
12-14 hearing in the suit;
12-15 (2) he has not registered with the paternity registry
12-16 under Subchapter D, Chapter 160, and after the exercise of due
12-17 diligence by the petitioner:
12-18 (A) his identity and location are unknown; or
12-19 (B) his identity is known but he cannot be
12-20 located; or
12-21 (3) he has registered with the paternity registry
12-22 under Subchapter D, Chapter 160, but the petitioner's attempt to
12-23 personally serve citation at the address provided to the registry
12-24 and at any other address for the alleged father known by the
12-25 petitioner has been unsuccessful, despite the due diligence of the
12-26 petitioner.
12-27 (c) The termination of the rights of an alleged biological
13-1 father under Subsection (b)(2) rendered on or after January 1,
13-2 1998, does not require personal service of citation or citation by
13-3 publication on the alleged father.
13-4 (d) The termination of rights of an alleged biological
13-5 father under Subsection (b)(3) does not require service of citation
13-6 by publication on the alleged father.
13-7 (e) The court shall not render an order terminating parental
13-8 rights under Subsection (b)(2) unless the court, after reviewing
13-9 the petitioner's sworn affidavit describing the petitioner's effort
13-10 to identify and locate the alleged biological father and
13-11 considering any evidence submitted by the attorney ad litem for the
13-12 alleged biological father, has found that the petitioner exercised
13-13 due diligence in attempting to identify and locate the alleged
13-14 biological father. The order shall contain specific findings
13-15 regarding due diligence of the petitioner.
13-16 (f) The court shall not render an order terminating parental
13-17 rights under Subsection (b)(3) unless the court, after reviewing
13-18 the petitioner's sworn affidavit describing the petitioner's effort
13-19 to obtain personal service of citation on the alleged father and
13-20 considering any evidence submitted by the attorney ad litem for the
13-21 alleged father, has found that the petitioner exercised due
13-22 diligence in attempting to obtain service on the alleged father.
13-23 The order shall contain specific findings regarding the exercise of
13-24 due diligence of the petitioner.
13-25 SECTION 8. Subchapter A, Chapter 161, Family Code, is
13-26 amended by adding Section 161.007 to read as follows:
13-27 Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
14-1 CRIMINAL ACT. The court may order the termination of the
14-2 parent-child relationship of a parent and a child if the court
14-3 finds that:
14-4 (1) the parent has been convicted of an offense
14-5 committed under Section 22.011, 22.021, or 25.02, Penal Code;
14-6 (2) as a direct result of the commission of the
14-7 offense by the parent, the victim of the offense became pregnant
14-8 with the parent's child; and
14-9 (3) termination is in the best interest of the child.
14-10 SECTION 9. Section 161.103, Family Code, is amended to read
14-11 as follows:
14-12 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
14-13 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
14-14 parental rights must be:
14-15 (1) signed after the birth of the child, but not
14-16 before 48 hours after the birth of the child, by the parent,
14-17 whether or not a minor, whose parental rights are to be
14-18 relinquished;
14-19 (2) witnessed by two credible persons; and
14-20 (3) verified before a person authorized to take oaths.
14-21 (b) The affidavit must contain:
14-22 (1) the name, address, and age of the parent whose
14-23 parental rights are being relinquished;
14-24 (2) the name, age, and birth date of the child;
14-25 (3) the names and addresses of the guardians of the
14-26 person and estate of the child, if any;
14-27 (4) a statement that the affiant is or is not
15-1 presently obligated by court order to make payments for the support
15-2 of the child;
15-3 (5) a full description and statement of value of all
15-4 property owned or possessed by the child;
15-5 (6) an allegation that termination of the parent-child
15-6 relationship is in the best interest of the child;
15-7 (7) one of the following, as applicable:
15-8 (A) the name and address of the other parent;
15-9 (B) a statement that the parental rights of the
15-10 other parent have been terminated by death or court order; or
15-11 (C) a statement that the child has no presumed
15-12 father and that an affidavit of status of the child has been
15-13 executed as provided by this chapter;
15-14 (8) a statement that the parent has been informed of
15-15 parental rights and duties; [and]
15-16 (9) a statement that the relinquishment is revocable,
15-17 that the relinquishment is irrevocable, or that the relinquishment
15-18 is irrevocable for a stated period of time;
15-19 (10) if the relinquishment is revocable, a statement
15-20 in boldfaced type concerning the right of the parent signing the
15-21 affidavit to revoke the relinquishment only if the revocation is
15-22 made before the 11th day after the date the affidavit is executed;
15-23 (11) if the relinquishment is revocable, the name and
15-24 address of a person to whom the revocation is to be delivered; and
15-25 (12) the [.]
15-26 [(c) The affidavit may contain:]
15-27 [(1) a] designation of a prospective adoptive parent
16-1 [qualified person], the Department of Protective and Regulatory
16-2 Services, if the department has consented in writing to the
16-3 designation, or a licensed child-placing agency to serve as
16-4 managing conservator of the child and the address of the person or
16-5 agency.[;]
16-6 (c) The affidavit may contain:
16-7 (1) [(2)] a waiver of process in a suit to terminate
16-8 the parent-child relationship filed under this chapter or in a suit
16-9 to terminate joined with a petition for adoption; and
16-10 (2) [(3)] a consent to the placement of the child for
16-11 adoption by the Department of Protective and Regulatory Services or
16-12 by a licensed child-placing agency.
16-13 (d) A copy of the affidavit shall be provided to the parent
16-14 at the time the parent signs the affidavit.
16-15 (e) The relinquishment in an [An] affidavit that [of
16-16 relinquishment of parental rights is irrevocable if it] designates
16-17 the Department of Protective and Regulatory Services or a licensed
16-18 child-placing agency to serve as the managing conservator is
16-19 irrevocable. A relinquishment in any [Any] other affidavit of
16-20 relinquishment is revocable unless it expressly provides that it is
16-21 irrevocable for a stated period of time not to exceed 60 days after
16-22 the date of its execution.
16-23 (f) A relinquishment in an affidavit of relinquishment of
16-24 parental rights that fails to state that the relinquishment is
16-25 irrevocable for a stated time is revocable as provided by Section
16-26 161.1035.
16-27 (g) To revoke a relinquishment under Subsection (e) the
17-1 parent must sign a statement witnessed by two credible persons and
17-2 verified before a person authorized to take oaths. A copy of the
17-3 revocation shall be delivered to the person designated in the
17-4 affidavit. If a parent attempting to revoke a relinquishment under
17-5 this subsection has knowledge that a suit for termination of the
17-6 parent-child relationship has been filed based on the parent's
17-7 affidavit of relinquishment of parental rights, the parent shall
17-8 file a copy of the revocation with the clerk of the court.
17-9 SECTION 10. Subchapter B, Chapter 161, Family Code, is
17-10 amended by adding Section 161.1035 to read as follows:
17-11 Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
17-12 affidavit of relinquishment of parental rights or affidavit of
17-13 waiver of interest in a child that fails to state that the
17-14 relinquishment or waiver is irrevocable for a stated time is:
17-15 (1) revocable only if the revocation is made before
17-16 the 11th day after the date the affidavit is executed; and
17-17 (2) irrevocable on or after the 11th day after the
17-18 date the affidavit is executed.
17-19 SECTION 11. Section 161.106, Family Code, is amended by
17-20 adding Subsections (f)-(j) to read as follows:
17-21 (f) A waiver in an affidavit under this section that
17-22 designates the Department of Protective and Regulatory Services or
17-23 a licensed child-placing agency to serve as the managing
17-24 conservator is irrevocable. A waiver in any other affidavit under
17-25 this section is revocable unless it expressly provides that it is
17-26 irrevocable for a stated period not to exceed 60 days after the
17-27 date of execution.
18-1 (g) A waiver in an affidavit under this section that fails
18-2 to state that the waiver is irrevocable for a stated time is
18-3 revocable as provided by Section 161.1035.
18-4 (h) An affidavit under this section that contains a waiver
18-5 that is revocable must contain:
18-6 (1) a statement in boldfaced type concerning the right
18-7 of the person who executed the affidavit to revoke the affidavit
18-8 only if the revocation is made before the 11th day after the date
18-9 the affidavit is executed; and
18-10 (2) the name and address of the person to whom the
18-11 revocation is to be delivered.
18-12 (i) A copy of the affidavit shall be provided to the person
18-13 who executed the affidavit at the time the person signs the
18-14 affidavit.
18-15 (j) To revoke a waiver, the person who executed the
18-16 affidavit must sign a statement witnessed by two credible persons
18-17 and verified before a person authorized to take oaths. A copy of
18-18 the revocation shall be delivered to the person designated in the
18-19 affidavit of waiver of interest in a child. If a person attempting
18-20 to revoke an affidavit under this subsection has knowledge that a
18-21 suit for termination of the parent-child relationship based on the
18-22 person's waiver of interest in a child has been filed, the person
18-23 shall file a copy of the revocation with the clerk of the court.
18-24 SECTION 12. Subchapter B, Chapter 161, Family Code, is
18-25 amended by adding Sections 161.108 and 161.109 to read as follows:
18-26 Sec. 161.108. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
18-27 CENTER. (a) Before or at the time an affidavit of relinquishment
19-1 of parental rights under Section 161.103 is executed, the mother of
19-2 a newborn child may authorize the release of the child from the
19-3 hospital or birthing center to a licensed child-placing agency, the
19-4 Department of Protective and Regulatory Services, or another
19-5 designated person.
19-6 (b) A release under this section must be:
19-7 (1) executed in writing;
19-8 (2) witnessed by two credible adults; and
19-9 (3) verified before a person authorized to take oaths.
19-10 (c) A hospital or birthing center shall comply with the
19-11 terms of a release executed under this section without requiring a
19-12 court order.
19-13 Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
19-14 (a) If an affidavit of status of child as provided by this chapter
19-15 states that the father of the child is unknown and no probable
19-16 father is known, a certificate from the bureau of vital statistics
19-17 signed by the registrar that a diligent search has been made of the
19-18 paternity registry maintained by the bureau and that a registration
19-19 has not been found pertaining to the father of the child in
19-20 question must be filed with the court before a trial on the merits
19-21 in the suit for termination may be held.
19-22 (b) In a proceeding to terminate parental rights in which
19-23 the alleged or probable father has not been personally served with
19-24 citation or signed an affidavit of relinquishment or an affidavit
19-25 of waiver of interest, the court may not terminate the parental
19-26 rights of the alleged or probable father, whether known or unknown,
19-27 unless a certificate from the bureau of vital statistics signed by
20-1 the registrar states that a diligent search has been made of the
20-2 paternity registry maintained by the bureau and that a filing or
20-3 registration has not been found pertaining to the father of the
20-4 child in question.
20-5 SECTION 13. Subchapter A, Chapter 162, Family Code, is
20-6 amended by adding Section 162.0025 to read as follows:
20-7 Sec. 162.0025. ADOPTIVE HOME SCREENING. (a) The court
20-8 shall order an adoptive home screening to evaluate each party who
20-9 requests the adoption. The screening must be completed before a
20-10 child may be placed in an applicant's home unless the child is
20-11 being adopted by a member of the child's family related by the
20-12 second degree of consanguinity or affinity. The screening must
20-13 comply with the rules adopted by the Board of Protective and
20-14 Regulatory Services providing minimum requirements for the
20-15 screening.
20-16 (b) The court may appoint an investigator to conduct the
20-17 screening required by this section who has the qualifications
20-18 established by rule of the Board of Protective and Regulatory
20-19 Services providing minimum qualifications for persons who may
20-20 perform adoptive home screenings.
20-21 (c) The cost of an adoptive home study shall be paid by an
20-22 applicant who seeks to adopt a child.
20-23 SECTION 14. Section 162.001, Family Code, is amended to read
20-24 as follows:
20-25 Sec. 162.001. Who may Adopt and be Adopted. (a) Subject to
20-26 the requirements for standing to sue in Chapter 102, an adult may
20-27 petition to adopt a child who may be adopted.
21-1 (b) A child residing in this state may be adopted if:
21-2 (1) the parent-child relationship as to each living
21-3 parent of the child has been terminated or a suit for termination
21-4 is joined with the suit for adoption; [or]
21-5 (2) the parent whose rights have not been terminated
21-6 is presently the spouse of the petitioner and the proceeding is for
21-7 a stepparent adoption;
21-8 (3) the child is at least two years old, the
21-9 parent-child relationship has been terminated with respect to one
21-10 parent, the person seeking the adoption is the child's former
21-11 stepparent and has been a managing conservator or has had actual
21-12 care, possession, and control of the child for a period of six
21-13 months preceding the adoption, and the nonterminated parent
21-14 consents to the adoption; or
21-15 (4) the child is at least two years old, the
21-16 parent-child relationship has been terminated with respect to one
21-17 parent, and the person seeking the adoption is the child's former
21-18 stepparent and has been a managing conservator or has had actual
21-19 care, possession, and control of the child for a period of one year
21-20 preceding the adoption.
21-21 (c) If an affidavit of relinquishment of parental rights
21-22 contains a consent for the Department of Protective and Regulatory
21-23 Services or a licensed child-placing agency to place the child for
21-24 adoption and appoints the department or agency managing conservator
21-25 of the child, further consent by the parent is not required and the
21-26 adoption order shall terminate all rights of the parent without
21-27 further termination proceedings.
22-1 SECTION 15. Subchapter A, Chapter 162, Family Code, is
22-2 amended by adding Section 162.0045 to read as follows:
22-3 Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
22-4 a motion for a preferential setting for a final hearing on an
22-5 adoption and shall give precedence to that hearing over all other
22-6 civil cases not given preference by other law if the social study
22-7 has been filed and the criminal history for the person seeking to
22-8 adopt the child has been obtained.
22-9 SECTION 16. Section 162.0085(a), Family Code, is amended to
22-10 read as follows:
22-11 (a) In a suit affecting the parent-child relationship in
22-12 which an adoption is sought, the court shall order each person
22-13 seeking to adopt the child to obtain that person's own criminal
22-14 history record information. The court shall accept under this
22-15 section a person's criminal history record information that is
22-16 provided by the Department of Protective and Regulatory Services or
22-17 by a licensed child-placing agency that received the information
22-18 from the department if the information was obtained not more than
22-19 one year before the date the court ordered the history to be
22-20 obtained.
22-21 SECTION 17. Section 162.018, Family Code, is amended by
22-22 adding Subsection (d) to read as follows:
22-23 (d) At the time an adoption order is rendered, the court
22-24 shall provide to the parents of an adopted child information
22-25 provided by the bureau of vital statistics that describes the
22-26 functions of the voluntary adoption registry under Subchapter E.
22-27 The licensed child-placing agency shall provide to each of the
23-1 child's biological parents known to the agency, the information
23-2 when the parent signs an affidavit of relinquishment of parental
23-3 rights, affidavit of status of child, or affidavit of waiver of
23-4 interest in a child. The information shall include the right of
23-5 the child or biological parent to refuse to participate in the
23-6 registry. If the adopted child is 14 years old or older the court
23-7 shall provide the information to the child.
23-8 SECTION 18. Section 162.025, Family Code, is amended to read
23-9 as follows:
23-10 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
23-11 (a) A person who is not the natural or adoptive parent of the
23-12 child, the legal guardian of the child, or a child-placing agency
23-13 licensed under Chapter 42, Human Resources Code, commits an offense
23-14 if the person:
23-15 (1) serves as an intermediary between a prospective
23-16 adoptive parent and an expectant parent or parent of a minor child
23-17 to identify the parties to each other [or facilitates the placement
23-18 of the child for adoption]; or
23-19 (2) places a child for adoption.
23-20 (b) It is not an offense under this section if a
23-21 professional provides legal or medical services to:
23-22 (1) a parent who identifies the prospective adoptive
23-23 parent and places the child for adoption without the assistance of
23-24 the professional; or
23-25 (2) a prospective adoptive parent who identifies a
23-26 parent and receives placement of a child for adoption without the
23-27 assistance of the professional.
24-1 (c) An offense under this section is a Class B misdemeanor.
24-2 SECTION 19. Section 162.402, Family Code, is amended by
24-3 amending Subdivisions (7) and (11) and adding Subdivision (14) to
24-4 read as follows:
24-5 (7) "Authorized agency" means a public agency
24-6 authorized to care for or to place children for adoption or a
24-7 private entity approved for that purpose by the department through
24-8 a license, certification, or other means. The term includes a
24-9 licensed child-placing agency or a previously licensed
24-10 child-placing agency that has ceased operations and has transferred
24-11 its adoption records to the bureau [department] or an agency
24-12 authorized by the department to place children for adoption and a
24-13 licensed child-placing agency that has been acquired by, merged
24-14 with, or otherwise succeeded by an agency authorized by the
24-15 department to place children for adoption.
24-16 (11) "Central registry" means the mutual consent
24-17 voluntary adoption registry established and maintained by the
24-18 bureau [department] under this subchapter.
24-19 (14) "Bureau" means the bureau of vital statistics.
24-20 SECTION 20. Sections 162.403(a) and (c), Family Code, are
24-21 amended to read as follows:
24-22 (a) The bureau [department] shall establish and maintain a
24-23 mutual consent voluntary adoption registry.
24-24 (c) An authorized agency that did not directly or by
24-25 contract provide registry services as required by this subchapter
24-26 on January 1, 1984, may not provide its own registry service. The
24-27 bureau [department] shall operate through the central registry
25-1 those services for agencies not permitted to provide a registry
25-2 under this section.
25-3 SECTION 21. Subchapter E, Chapter 162, Family Code, is
25-4 amended by adding Section 162.404 to read as follows:
25-5 Sec. 162.404. REQUIREMENT TO SEND INFORMATION TO CENTRAL
25-6 REGISTRY. An authorized agency that is permitted to provide a
25-7 registry under this subchapter or that participates in a mutual
25-8 consent voluntary adoption registry with an association of
25-9 authorized agencies shall send to the central registry a duplicate
25-10 of all information the registry maintains in the agency's registry
25-11 or sends to the registry in which the agency participates.
25-12 SECTION 22. Sections 162.407(b) and (c), Family Code, are
25-13 amended to read as follows:
25-14 (b) An adoptee adopted or placed through an authorized
25-15 agency may register through the registry maintained by that agency
25-16 or the registry to which the agency has delegated registry services
25-17 or through the central registry maintained by the bureau
25-18 [department].
25-19 (c) Birth parents and biological siblings shall register
25-20 through:
25-21 (1) the registry of the authorized agency through
25-22 which the adoptee was adopted or placed; or[. If the proper
25-23 registry is unknown or if the agency's registry refuses the
25-24 application, the birth parent or biological sibling may register
25-25 through]
25-26 (2) the central registry.
25-27 SECTION 23. Section 162.408, Family Code, is amended to read
26-1 as follows:
26-2 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
26-3 standards of the Texas Board of Health for the bureau [department]
26-4 must provide for proof of identity in order to facilitate the
26-5 purposes of this subchapter and to protect the privacy rights of
26-6 adoptees, adoptive parents, birth parents, biological siblings, and
26-7 their families.
26-8 SECTION 24. Section 162.411(d), Family Code, is amended to
26-9 read as follows:
26-10 (d) The fees collected by the bureau [department] shall be
26-11 deposited in a special fund in the general revenue fund. Funds in
26-12 the special fund may be appropriated only for the administration of
26-13 the central registry.
26-14 SECTION 25. Section 162.414(c), Family Code, is amended to
26-15 read as follows:
26-16 (c) To establish or corroborate a match, the administrator
26-17 shall request confirmation of a possible match from the bureau [of
26-18 vital statistics]. If the [department or] agency operating the
26-19 registry has in its own records sufficient information through
26-20 which the match may be confirmed, the administrator may, but is not
26-21 required to, request confirmation from the bureau [of vital
26-22 statistics]. The bureau [of vital statistics] may confirm or deny
26-23 the match without breaching the duty of confidentiality to the
26-24 adoptee, adoptive parents, birth parents, or biological siblings
26-25 and without a court order.
26-26 SECTION 26. Section 162.420, Family Code, is amended to read
26-27 as follows:
27-1 Sec. 162.420. RULEMAKING. (a) The Texas Board of Health
27-2 [department] shall make rules and adopt minimum standards for the
27-3 bureau to:
27-4 (1) administer the provisions of this subchapter; and
27-5 (2) ensure that each registry respects the right to
27-6 privacy and confidentiality of an adoptee, birth parent, and
27-7 biological sibling who does not desire to disclose the person's
27-8 identity.
27-9 (b) The bureau [department] shall conduct a comprehensive
27-10 review of all [of its] rules and standards adopted under this
27-11 subchapter not less than every six years.
27-12 (c) In order to provide the administrators an opportunity to
27-13 review proposed rules and standards and send written suggestions to
27-14 the Texas Board of Health [department], the board [department]
27-15 shall, before adopting rules and minimum standards, send a copy of
27-16 the proposed rules and standards not less than 60 days before the
27-17 date they take effect to:
27-18 (1) the administrator of each registry established
27-19 under this subchapter; and
27-20 (2) the administrator of each agency authorized by the
27-21 department to place children for adoption.
27-22 SECTION 27. Section 162.421(a), Family Code, is amended to
27-23 read as follows:
27-24 (a) This subchapter does not prevent the bureau [department]
27-25 from making known to the public, by appropriate means, the
27-26 existence of voluntary adoption registries.
27-27 SECTION 28. Sections 162.422(a) and (b), Family Code, are
28-1 amended to read as follows:
28-2 (a) The bureau [department] or authorized agency
28-3 establishing or operating a registry is not liable to any person
28-4 for obtaining or disclosing identifying information about a birth
28-5 parent, adoptee, or biological sibling within the scope of this
28-6 subchapter and under its provisions.
28-7 (b) An employee or agent of the bureau [department] or of an
28-8 authorized agency establishing or operating a registry under this
28-9 subchapter is not liable to any person for obtaining or disclosing
28-10 identifying information about a birth parent, adoptee, or
28-11 biological sibling within the scope of this subchapter and under
28-12 its provisions.
28-13 SECTION 29. Section 192.008(a), Health and Safety Code, is
28-14 amended to read as follows:
28-15 (a) The supplementary birth certificate of an adopted child
28-16 must be in the names of the adoptive parents, one of whom must be a
28-17 female, named as the mother, and the other of whom must be a male,
28-18 named as the father. This subsection does not prohibit a single
28-19 individual, male or female, from adopting a child. Copies of the
28-20 child's birth certificates or birth records may not disclose that
28-21 the child is adopted.
28-22 SECTION 30. Section 153.139, Family Code, is hereby
28-23 repealed.
28-24 SECTION 31. Chapter 25, Penal Code, is amended by adding
28-25 Section 25.09 to read as follows:
28-26 Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A
28-27 person commits an offense if the person advertises in the public
29-1 media that the person will place a child for adoption or will
29-2 provide or obtain a child for adoption.
29-3 (b) This section does not apply to a licensed child-placing
29-4 agency that is identified in the advertisement as a licensed
29-5 child-placing agency.
29-6 (c) An offense under this section is a Class A misdemeanor
29-7 unless the person has been convicted previously under this section,
29-8 in which event the offense is a felony of the third degree.
29-9 (d) In this section:
29-10 (1) "Child" has the meaning assigned by Section
29-11 101.003, Family Code.
29-12 (2) "Public media" has the meaning assigned by Section
29-13 38.01. The term also includes communications through the use of
29-14 the Internet or another public computer network.
29-15 SECTION 32. (a) This Act takes effect September 1, 1997.
29-16 (b) Except as otherwise provided by this section, the change
29-17 in law made by this Act applies only to a suit affecting the
29-18 parent-child relationship commenced on or after the effective date
29-19 of this Act. A suit affecting the parent-child relationship
29-20 commenced before the effective date of this Act is governed by the
29-21 law in effect on the date it was commenced, and the former law is
29-22 continued in effect for that purpose.
29-23 (c) The change in law made by this Act pertaining to the
29-24 termination of the parent-child relationship applies only to an
29-25 affidavit to relinquish parental rights or an affidavit of waiver
29-26 of interest in a child executed on or after the effective date of
29-27 this Act. An affidavit executed before the effective date of this
30-1 Act is governed by the law in effect on the date the affidavit was
30-2 executed, and the former law is continued in effect for that
30-3 purpose.
30-4 (d) The change in law made by this Act pertaining to
30-5 adoptions applies only to petitions for adoptions filed on or after
30-6 the effective date of this Act. A petition for adoption filed
30-7 before the effective date of this Act is governed by the law in
30-8 effect on the date the petition was filed, and the former law is
30-9 continued in effect for that purpose; except that for these
30-10 purposes a petition for adoption shall be considered to be filed at
30-11 the time that the original petition was filed or at the time that
30-12 an amended petition seeking the adoption was filed if the amended
30-13 petition is filed in a cause that has previously been filed and
30-14 where the court has continuing jurisdiction over the child.
30-15 (e) The change in law made by this Act pertaining to a
30-16 criminal offense applies only to an offense committed on or after
30-17 the effective date of this Act. For purposes of this subsection,
30-18 an offense is committed before the effective date of this Act if
30-19 any element of the offense occurs before that date. An offense
30-20 committed before the effective date of this Act is covered by the
30-21 law in effect when the offense was committed, and the former law is
30-22 continued in effect for that purpose.
30-23 (f) The change in law made by this Act transferring the
30-24 administration of the central voluntary adoption registry from the
30-25 Department of Protective and Regulatory Services to the bureau of
30-26 vital statistics takes effect January 1, 1998. On that date, the
30-27 powers, duties, obligations, rights, contracts, records, personnel,
31-1 property, and unexpended appropriations dedicated to the department
31-2 for the operation of the registry are transferred to the bureau.
31-3 The department and the bureau shall develop and implement a plan
31-4 before that date for the transfer of the registry.
31-5 SECTION 33. The importance of this legislation and the
31-6 crowded condition of the calendars in both houses create an
31-7 emergency and an imperative public necessity that the
31-8 constitutional rule requiring bills to be read on three several
31-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1091 was passed by the House on April
30, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1091 on May 20, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1091 was passed by the Senate, with
amendments, on May 16, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor