1-1 By: Goodman, Naishtat, Allen, et al. H.B. No. 1091
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House May 1, 1997;
1-4 May 2, 1997, read first time and referred to Committee on
1-5 Jurisprudence; May 12, 1997, reported favorably; May 12, 1997,
1-6 recommitted to Committee on Jurisprudence; May 14, 1997, reported
1-7 adversely, with favorable Committee Substitute by the following
1-8 vote: Yeas 7, Nays 0; May 14, 1997, sent to printer.)
1-9 COMMITTEE SUBSTITUTE FOR H.B. No. 1091 By: Harris
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the parent-child relationship, including suits
1-13 affecting the parent-child relationship, the establishment of
1-14 paternity, the termination of the parent-child relationship, and
1-15 the adoption of children; providing penalties.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Section 102.009(a), Family Code, is amended to
1-18 read as follows:
1-19 (a) Except as provided by Subsection (b), the following are
1-20 entitled to service of citation on the filing of a petition in an
1-21 original suit:
1-22 (1) a managing conservator;
1-23 (2) a possessory conservator;
1-24 (3) a person having possession of or access to the
1-25 child under an order;
1-26 (4) a person required by law or by order to provide
1-27 for the support of the child;
1-28 (5) a guardian of the person of the child;
1-29 (6) a guardian of the estate of the child;
1-30 (7) each parent as to whom the parent-child
1-31 relationship has not been terminated or process has not been waived
1-32 under Chapter 161;
1-33 (8) an alleged father, unless there is attached to the
1-34 petition an affidavit of waiver of interest in a child executed by
1-35 the alleged father as provided by Chapter 161 or unless the
1-36 petitioner has complied with the provisions of Section
1-37 161.002(b)(2) or (b)(3); [and]
1-38 (9) a man who has filed a notice of intent to claim
1-39 paternity as provided by Subchapter D, Chapter 160; and
1-40 (10) the Department of Protective and Regulatory
1-41 Services, if the petition requests that the department be appointed
1-42 as managing conservator of the child.
1-43 SECTION 2. Section 102.011(b), Family Code, is amended to
1-44 read as follows:
1-45 (b) The court may also exercise personal jurisdiction over a
1-46 person on whom service of citation is required or over the person's
1-47 personal representative, although the person is not a resident or
1-48 domiciliary of this state, if:
1-49 (1) the person is personally served with citation in
1-50 this state;
1-51 (2) the person submits to the jurisdiction of this
1-52 state by consent, by entering a general appearance, or by filing a
1-53 responsive document having the effect of waiving any contest to
1-54 personal jurisdiction;
1-55 (3) the child resides in this state as a result of the
1-56 acts or directives of the person;
1-57 (4) the person resided with the child in this state;
1-58 (5) the person resided in this state and provided
1-59 prenatal expenses or support for the child;
1-60 (6) the person engaged in sexual intercourse in this
1-61 state and the child may have been conceived by that act of
1-62 intercourse; [or]
1-63 (7) the person registered with the paternity registry
1-64 maintained by the bureau of vital statistics as provided by Chapter
2-1 160; or
2-2 (8) there is any basis consistent with the
2-3 constitutions of this state and the United States for the exercise
2-4 of the personal jurisdiction.
2-5 SECTION 3. Section 107.013, Family Code, is amended to read
2-6 as follows:
2-7 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
2-8 [INDIGENT] PARENT. (a) In a suit in which termination of the
2-9 parent-child relationship is requested, the court shall appoint an
2-10 attorney ad litem to represent the interests of:
2-11 (1) an [each] indigent parent of the child who
2-12 responds in opposition to the termination;
2-13 (2) a parent served by citation by publication;
2-14 (3) an alleged father who failed to register with the
2-15 registry under Subchapter D, Chapter 160, and whose identity or
2-16 location is unknown; and
2-17 (4) an alleged father who registered with the
2-18 paternity registry under Subchapter D, Chapter 160, but the
2-19 petitioner's attempt to personally serve citation at the address
2-20 provided to the registry and at any other address for the alleged
2-21 father known by the petitioner has been unsuccessful.
2-22 (b) If both parents of the child are entitled to the
2-23 appointment of an attorney ad litem under this section [indigent
2-24 and oppose termination] and the court finds that the interests of
2-25 the parents are not in conflict, the court may appoint a single
2-26 attorney ad litem to represent the interests of both parents.
2-27 SECTION 4. Section 153.434, Family Code, is amended to read
2-28 as follows:
2-29 Sec. 153.434. Limitation on Right to Request Access. A
2-30 biological or adoptive grandparent may not request possession of or
2-31 access to a grandchild if:
2-32 (1) the grandparent is a parent of a person whose
2-33 parental rights with the child have been terminated by court order
2-34 or by death; or [and]
2-35 (2) the grandparent is a parent of a person who has
2-36 executed an affidavit of waiver of interest in child or an
2-37 affidavit of relinquishment of parental rights under Chapter 161
2-38 and the affidavit designates an authorized agency, licensed
2-39 child-placing agency, or person other than the child's stepparent
2-40 as the managing conservator of the child; and
2-41 (3) the other biological parent has died, has executed
2-42 an affidavit of waiver of interest in child or an affidavit of
2-43 relinquishment of parental rights under Chapter 161, or has had
2-44 that parent's parental rights terminated and the grandchild has
2-45 been adopted by a person other than the child's stepparent.
2-46 SECTION 5. Section 159.201, Family Code, is amended to read
2-47 as follows:
2-48 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
2-49 proceeding to establish, enforce, or modify a support order or to
2-50 determine parentage, a tribunal of this state may exercise personal
2-51 jurisdiction over a nonresident individual or the individual's
2-52 guardian or conservator if:
2-53 (1) the individual is personally served with citation
2-54 in this state;
2-55 (2) the individual submits to the jurisdiction of this
2-56 state by consent, by entering a general appearance, or by filing a
2-57 responsive document having the effect of waiving any contest to
2-58 personal jurisdiction;
2-59 (3) the individual resided with the child in this
2-60 state;
2-61 (4) the individual resided in this state and provided
2-62 prenatal expenses or support for the child;
2-63 (5) the child resides in this state as a result of the
2-64 acts or directives of the individual;
2-65 (6) the individual engaged in sexual intercourse in
2-66 this state and the child may have been conceived by that act of
2-67 intercourse; [or]
2-68 (7) the individual asserted parentage in the paternity
2-69 registry maintained in this state by the bureau of vital
3-1 statistics; or
3-2 (8) there is any other basis consistent with the
3-3 constitutions of this state and the United States for the exercise
3-4 of personal jurisdiction.
3-5 SECTION 6. Chapter 160, Family Code, is amended by adding
3-6 Subchapter D to read as follows:
3-7 SUBCHAPTER D. PATERNITY REGISTRY
3-8 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
3-9 of vital statistics shall establish a paternity registry.
3-10 (b) The bureau of vital statistics shall administer the
3-11 registry to:
3-12 (1) protect the parental rights of fathers who
3-13 affirmatively assume responsibility for children they may have
3-14 fathered; and
3-15 (2) expedite adoptions of children whose biological
3-16 fathers are unwilling to assume responsibility for their children
3-17 by registering with the registry or otherwise acknowledging their
3-18 children.
3-19 (c) The registry does not relieve a mother of the obligation
3-20 to identify the known father of her child.
3-21 (d) A man is not required to register with the paternity
3-22 registry if he:
3-23 (1) is presumed to be the biological father of a child
3-24 under Chapter 151; or
3-25 (2) has been adjudicated to be the biological father
3-26 of a child by a court of competent jurisdiction.
3-27 Sec. 160.252. REQUIRED INFORMATION. A man registering with
3-28 the registry shall provide:
3-29 (1) the name, last known address, driver's license
3-30 number, and social security number, if known, of the mother of the
3-31 child;
3-32 (2) the name of the child and the location and date of
3-33 birth of the child, if known, or the probable month and year of the
3-34 expected birth of the child;
3-35 (3) the man's name, address, driver's license number,
3-36 and social security number; and
3-37 (4) a statement in which the man claims to be the
3-38 father of the child identified by the man.
3-39 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
3-40 registry shall record the name, address, driver's license number,
3-41 and social security number of a man who claims to be the father of
3-42 a child whose paternity has not been adjudicated by a court of
3-43 competent jurisdiction by giving notice of intent to claim
3-44 paternity, as provided by this subchapter.
3-45 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
3-46 sexual intercourse with a person of the opposite sex is deemed to
3-47 have knowledge that sexual intercourse can result in the woman's
3-48 pregnancy.
3-49 (b) Except as provided by this subchapter, a man who claims
3-50 to be the father of a child shall file a notice of intent to assert
3-51 as provided by this subchapter his right to establish paternity of
3-52 a child that may result from the sexual intercourse.
3-53 (c) Ignorance of a pregnancy is not a sufficient reason for
3-54 failing to register with the registry to claim paternity of the
3-55 child born of the pregnancy.
3-56 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
3-57 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
3-58 provided, the registry shall send a copy of the notice of intent to
3-59 claim paternity to the mother as notification that a man has
3-60 registered with the paternity registry claiming to be the father of
3-61 the mother's child.
3-62 (b) Information contained in the registry is confidential
3-63 and may be released on request only to:
3-64 (1) a court;
3-65 (2) the mother of a child;
3-66 (3) an authorized agency;
3-67 (4) a licensed child-placing agency;
3-68 (5) an attorney at law in this state who is
3-69 participating or assisting in a suit affecting the parent-child
4-1 relationship, including termination of the parent-child
4-2 relationship or a suit for the adoption of the child that the
4-3 registrant claims to have fathered; or
4-4 (6) any other person or entity the bureau of vital
4-5 statistics considers to have a legitimate interest in the
4-6 information.
4-7 (c) The registry shall furnish registry information by
4-8 electronic data exchange or any other means to the state's Title
4-9 IV-D agency and the Department of Protective and Regulatory
4-10 Services.
4-11 (d) A person commits an offense if the person intentionally
4-12 and unlawfully releases information from the registry to the public
4-13 or makes any other unlawful use of the information in violation of
4-14 this subchapter. An offense under this subsection is a Class B
4-15 misdemeanor.
4-16 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
4-17 Except as provided by Subsection (d), a person may register as
4-18 provided by this subchapter by filing a notice of intent to claim
4-19 paternity on a form provided by the bureau of vital statistics.
4-20 This form shall be signed and acknowledged before a notary public.
4-21 (b) The bureau shall make registration forms available to
4-22 all:
4-23 (1) hospitals and other birthing places in this state;
4-24 (2) licensed child-placing agencies;
4-25 (3) county and district clerks;
4-26 (4) municipal clerks;
4-27 (5) justices of the peace;
4-28 (6) jails;
4-29 (7) prisons; and
4-30 (8) facilities of the Texas Department of Criminal
4-31 Justice and Texas Youth Commission.
4-32 (c) A notice of intent to claim paternity may be filed
4-33 before the birth of the child but may not be filed after the 30th
4-34 day after the date of birth of the child.
4-35 (d) If the bureau of vital statistics has received from the
4-36 clerk of the court notice under Chapter 108 of a decree terminating
4-37 the parent-child relationship between the person applying to
4-38 register and the child, the bureau shall notify the person that the
4-39 person's parent-child relationship with the child has been
4-40 terminated and may not enter into the registry a notice of intent
4-41 to claim paternity filed by the person.
4-42 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
4-43 NOTIFICATION. (a) Not later than the 30th day after the date of
4-44 the receipt of notification from the bureau of vital statistics
4-45 that a notice of intent to claim paternity has been filed, the
4-46 mother of the child may deny the registrant's claim of paternity on
4-47 a form provided by the bureau and signed and acknowledged before a
4-48 notary public.
4-49 (b) If the mother denies that the registrant is the father
4-50 of the child, the bureau of vital statistics shall immediately
4-51 notify the registrant of the denial and of the registrant's right
4-52 to file a legal action to establish paternity.
4-53 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
4-54 Except as provided by Chapter 102 and Chapter 161, a man who fails
4-55 to file a notice of intent to claim paternity before the 30th day
4-56 after the date of the birth of the child may not assert an interest
4-57 in the child other than by filing a suit to establish paternity
4-58 before the termination of the man's parental rights.
4-59 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
4-60 (a) A man who files a notice of intent to claim paternity with the
4-61 registry shall promptly notify the registry in writing of any
4-62 change in the information, including a change of address.
4-63 (b) A man who files a notice of intent to claim paternity
4-64 may at any time revoke the notice by sending the registry a written
4-65 statement signed and acknowledged by the registrant before a notary
4-66 public. The statement must include a declaration that, to the best
4-67 of the registrant's knowledge and belief:
4-68 (1) the registrant is not the father of the named
4-69 child; or
5-1 (2) a court has adjudicated paternity and a person
5-2 other than the registrant has been determined to be the father of
5-3 the child.
5-4 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
5-5 On request, the bureau of vital statistics shall furnish a
5-6 certificate, signed by the state registrar of vital statistics,
5-7 attesting to the results of a search of the registry regarding a
5-8 notice of intent to claim paternity to:
5-9 (1) a court;
5-10 (2) the mother of a child;
5-11 (3) an authorized agency;
5-12 (4) a licensed child-placing agency;
5-13 (5) an attorney licensed to practice law in this state
5-14 who is participating or assisting in an adoption; or
5-15 (6) any other person or entity the bureau of vital
5-16 statistics considers to have a legitimate interest in the
5-17 information.
5-18 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
5-19 determines that a registrant is not the father of the child, the
5-20 court shall order the bureau of vital statistics to remove the
5-21 registrant's name from the registry. On receipt of an order for
5-22 the removal of a registrant's name, the bureau of vital statistics
5-23 shall remove the name from the registry.
5-24 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
5-25 for filing with the registry a notice of intent to claim paternity
5-26 of a child or a denial of a registrant's paternity.
5-27 (b) Except as provided by Subsection (c), the Texas
5-28 Department of Health may charge a fee for processing a search of
5-29 the paternity registry and for furnishing a certificate under
5-30 Section 160.260.
5-31 (c) The Department of Protective and Regulatory Services and
5-32 the Title IV-D agency are not required to pay a fee under
5-33 Subsection (b).
5-34 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
5-35 REGISTRY. Information maintained by the paternity registry is
5-36 admissible in a proceeding in a court or administrative tribunal of
5-37 this state for any purpose, including for the establishment of the
5-38 registrant's paternity or an action to terminate parental rights.
5-39 SECTION 7. Section 161.002, Family Code, is amended by
5-40 amending Subsection (b) and adding Subsections (c)-(f) to read as
5-41 follows:
5-42 (b) The rights of an alleged biological father may be
5-43 terminated if: [,]
5-44 (1) after being served with citation, he does not
5-45 respond by timely filing an admission of paternity or a
5-46 counterclaim for paternity under Chapter 160 prior to the final
5-47 hearing in the suit;
5-48 (2) he has not registered with the paternity registry
5-49 under Subchapter D, Chapter 160, and after the exercise of due
5-50 diligence by the petitioner:
5-51 (A) his identity and location are unknown; or
5-52 (B) his identity is known but he cannot be
5-53 located; or
5-54 (3) he has registered with the paternity registry
5-55 under Subchapter D, Chapter 160, but the petitioner's attempt to
5-56 personally serve citation at the address provided to the registry
5-57 and at any other address for the alleged father known by the
5-58 petitioner has been unsuccessful, despite the due diligence of the
5-59 petitioner.
5-60 (c) The termination of the rights of an alleged biological
5-61 father under Subsection (b)(2) rendered on or after January 1,
5-62 1998, does not require personal service of citation or citation by
5-63 publication on the alleged father.
5-64 (d) The termination of rights of an alleged biological
5-65 father under Subsection (b)(3) does not require service of citation
5-66 by publication on the alleged father.
5-67 (e) The court shall not render an order terminating parental
5-68 rights under Subsection (b)(2) unless the court, after reviewing
5-69 the petitioner's sworn affidavit describing the petitioner's effort
6-1 to identify and locate the alleged biological father and
6-2 considering any evidence submitted by the attorney ad litem for the
6-3 alleged biological father, has found that the petitioner exercised
6-4 due diligence in attempting to identify and locate the alleged
6-5 biological father. The order shall contain specific findings
6-6 regarding due diligence of the petitioner.
6-7 (f) The court shall not render an order terminating parental
6-8 rights under Subsection (b)(3) unless the court, after reviewing
6-9 the petitioner's sworn affidavit describing the petitioner's effort
6-10 to obtain personal service of citation on the alleged father and
6-11 considering any evidence submitted by the attorney ad litem for the
6-12 alleged father, has found that the petitioner exercised due
6-13 diligence in attempting to obtain service on the alleged father.
6-14 The order shall contain specific findings regarding the exercise of
6-15 due diligence of the petitioner.
6-16 SECTION 8. Subchapter A, Chapter 161, Family Code, is
6-17 amended by adding Section 161.007 to read as follows:
6-18 Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
6-19 CRIMINAL ACT. The court may order the termination of the
6-20 parent-child relationship of a parent and a child if the court
6-21 finds that:
6-22 (1) the parent has been convicted of an offense
6-23 committed under Section 22.011, 22.021, or 25.02, Penal Code;
6-24 (2) as a direct result of the commission of the
6-25 offense by the parent, the victim of the offense became pregnant
6-26 with the parent's child; and
6-27 (3) termination is in the best interest of the child.
6-28 SECTION 9. Section 161.103, Family Code, is amended to read
6-29 as follows:
6-30 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
6-31 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
6-32 parental rights must be:
6-33 (1) signed after the birth of the child, but not
6-34 before 48 hours after the birth of the child, by the parent,
6-35 whether or not a minor, whose parental rights are to be
6-36 relinquished;
6-37 (2) witnessed by two credible persons; and
6-38 (3) verified before a person authorized to take oaths.
6-39 (b) The affidavit must contain:
6-40 (1) the name, address, and age of the parent whose
6-41 parental rights are being relinquished;
6-42 (2) the name, age, and birth date of the child;
6-43 (3) the names and addresses of the guardians of the
6-44 person and estate of the child, if any;
6-45 (4) a statement that the affiant is or is not
6-46 presently obligated by court order to make payments for the support
6-47 of the child;
6-48 (5) a full description and statement of value of all
6-49 property owned or possessed by the child;
6-50 (6) an allegation that termination of the parent-child
6-51 relationship is in the best interest of the child;
6-52 (7) one of the following, as applicable:
6-53 (A) the name and address of the other parent;
6-54 (B) a statement that the parental rights of the
6-55 other parent have been terminated by death or court order; or
6-56 (C) a statement that the child has no presumed
6-57 father and that an affidavit of status of the child has been
6-58 executed as provided by this chapter;
6-59 (8) a statement that the parent has been informed of
6-60 parental rights and duties; [and]
6-61 (9) a statement that the relinquishment is revocable,
6-62 that the relinquishment is irrevocable, or that the relinquishment
6-63 is irrevocable for a stated period of time;
6-64 (10) if the relinquishment is revocable, a statement
6-65 in boldfaced type concerning the right of the parent signing the
6-66 affidavit to revoke the relinquishment only if the revocation is
6-67 made before the 11th day after the date the affidavit is executed;
6-68 (11) if the relinquishment is revocable, the name and
6-69 address of a person to whom the revocation is to be delivered; and
7-1 (12) the [.]
7-2 [(c) The affidavit may contain:]
7-3 [(1) a] designation of a prospective adoptive parent
7-4 [qualified person], the Department of Protective and Regulatory
7-5 Services, if the department has consented in writing to the
7-6 designation, or a licensed child-placing agency to serve as
7-7 managing conservator of the child and the address of the person or
7-8 agency.[;]
7-9 (c) The affidavit may contain:
7-10 (1) [(2)] a waiver of process in a suit to terminate
7-11 the parent-child relationship filed under this chapter or in a suit
7-12 to terminate joined with a petition for adoption; and
7-13 (2) [(3)] a consent to the placement of the child for
7-14 adoption by the Department of Protective and Regulatory Services or
7-15 by a licensed child-placing agency.
7-16 (d) A copy of the affidavit shall be provided to the parent
7-17 at the time the parent signs the affidavit.
7-18 (e) The relinquishment in an [An] affidavit that [of
7-19 relinquishment of parental rights is irrevocable if it] designates
7-20 the Department of Protective and Regulatory Services or a licensed
7-21 child-placing agency to serve as the managing conservator is
7-22 irrevocable. A relinquishment in any [Any] other affidavit of
7-23 relinquishment is revocable unless it expressly provides that it is
7-24 irrevocable for a stated period of time not to exceed 60 days after
7-25 the date of its execution.
7-26 (f) A relinquishment in an affidavit of relinquishment of
7-27 parental rights that fails to state that the relinquishment is
7-28 irrevocable for a stated time is revocable as provided by Section
7-29 161.1035.
7-30 (g) To revoke a relinquishment under Subsection (e) the
7-31 parent must sign a statement witnessed by two credible persons and
7-32 verified before a person authorized to take oaths. A copy of the
7-33 revocation shall be delivered to the person designated in the
7-34 affidavit. If a parent attempting to revoke a relinquishment under
7-35 this subsection has knowledge that a suit for termination of the
7-36 parent-child relationship has been filed based on the parent's
7-37 affidavit of relinquishment of parental rights, the parent shall
7-38 file a copy of the revocation with the clerk of the court.
7-39 SECTION 10. Subchapter B, Chapter 161, Family Code, is
7-40 amended by adding Section 161.1035 to read as follows:
7-41 Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
7-42 affidavit of relinquishment of parental rights or affidavit of
7-43 waiver of interest in a child that fails to state that the
7-44 relinquishment or waiver is irrevocable for a stated time is:
7-45 (1) revocable only if the revocation is made before
7-46 the 11th day after the date the affidavit is executed; and
7-47 (2) irrevocable on or after the 11th day after the
7-48 date the affidavit is executed.
7-49 SECTION 11. Section 161.106, Family Code, is amended by
7-50 adding Subsections (f)-(j) to read as follows:
7-51 (f) A waiver in an affidavit under this section that
7-52 designates the Department of Protective and Regulatory Services or
7-53 a licensed child-placing agency to serve as the managing
7-54 conservator is irrevocable. A waiver in any other affidavit under
7-55 this section is revocable unless it expressly provides that it is
7-56 irrevocable for a stated period not to exceed 60 days after the
7-57 date of execution.
7-58 (g) A waiver in an affidavit under this section that fails
7-59 to state that the waiver is irrevocable for a stated time is
7-60 revocable as provided by Section 161.1035.
7-61 (h) An affidavit under this section that contains a waiver
7-62 that is revocable must contain:
7-63 (1) a statement in boldfaced type concerning the right
7-64 of the person who executed the affidavit to revoke the affidavit
7-65 only if the revocation is made before the 11th day after the date
7-66 the affidavit is executed; and
7-67 (2) the name and address of the person to whom the
7-68 revocation is to be delivered.
7-69 (i) A copy of the affidavit shall be provided to the person
8-1 who executed the affidavit at the time the person signs the
8-2 affidavit.
8-3 (j) To revoke a waiver, the person who executed the
8-4 affidavit must sign a statement witnessed by two credible persons
8-5 and verified before a person authorized to take oaths. A copy of
8-6 the revocation shall be delivered to the person designated in the
8-7 affidavit of waiver of interest in a child. If a person attempting
8-8 to revoke an affidavit under this subsection has knowledge that a
8-9 suit for termination of the parent-child relationship based on the
8-10 person's waiver of interest in a child has been filed, the person
8-11 shall file a copy of the revocation with the clerk of the court.
8-12 SECTION 12. Subchapter B, Chapter 161, Family Code, is
8-13 amended by adding Sections 161.108 and 161.109 to read as follows:
8-14 Sec. 161.108. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
8-15 CENTER. (a) Before or at the time an affidavit of relinquishment
8-16 of parental rights under Section 161.103 is executed, the mother of
8-17 a newborn child may authorize the release of the child from the
8-18 hospital or birthing center to a licensed child-placing agency, the
8-19 Department of Protective and Regulatory Services, or another
8-20 designated person.
8-21 (b) A release under this section must be:
8-22 (1) executed in writing;
8-23 (2) witnessed by two credible adults; and
8-24 (3) verified before a person authorized to take oaths.
8-25 (c) A hospital or birthing center shall comply with the
8-26 terms of a release executed under this section without requiring a
8-27 court order.
8-28 Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
8-29 (a) If an affidavit of status of child as provided by this chapter
8-30 states that the father of the child is unknown and no probable
8-31 father is known, a certificate from the bureau of vital statistics
8-32 signed by the registrar that a diligent search has been made of the
8-33 paternity registry maintained by the bureau and that a registration
8-34 has not been found pertaining to the father of the child in
8-35 question must be filed with the court before a trial on the merits
8-36 in the suit for termination may be held.
8-37 (b) In a proceeding to terminate parental rights in which
8-38 the alleged or probable father has not been personally served with
8-39 citation or signed an affidavit of relinquishment or an affidavit
8-40 of waiver of interest, the court may not terminate the parental
8-41 rights of the alleged or probable father, whether known or unknown,
8-42 unless a certificate from the bureau of vital statistics signed by
8-43 the registrar states that a diligent search has been made of the
8-44 paternity registry maintained by the bureau and that a filing or
8-45 registration has not been found pertaining to the father of the
8-46 child in question.
8-47 SECTION 13. Subchapter A, Chapter 162, Family Code, is
8-48 amended by adding Section 162.0025 to read as follows:
8-49 Sec. 162.0025. ADOPTIVE HOME SCREENING. (a) The court
8-50 shall order an adoptive home screening to evaluate each party who
8-51 requests the adoption. The screening must be completed before a
8-52 child may be placed in an applicant's home unless the child is
8-53 being adopted by a member of the child's family related by the
8-54 second degree of consanguinity or affinity. The screening must
8-55 comply with the rules adopted by the Board of Protective and
8-56 Regulatory Services providing minimum requirements for the
8-57 screening.
8-58 (b) The court may appoint an investigator to conduct the
8-59 screening required by this section who has the qualifications
8-60 established by rule of the Board of Protective and Regulatory
8-61 Services providing minimum qualifications for persons who may
8-62 perform adoptive home screenings.
8-63 (c) The cost of an adoptive home study shall be paid by an
8-64 applicant who seeks to adopt a child.
8-65 SECTION 14. Section 162.001, Family Code, is amended to read
8-66 as follows:
8-67 Sec. 162.001. Who may Adopt and be Adopted. (a) Subject to
8-68 the requirements for standing to sue in Chapter 102, an adult may
8-69 petition to adopt a child who may be adopted.
9-1 (b) A child residing in this state may be adopted if:
9-2 (1) the parent-child relationship as to each living
9-3 parent of the child has been terminated or a suit for termination
9-4 is joined with the suit for adoption; [or]
9-5 (2) the parent whose rights have not been terminated
9-6 is presently the spouse of the petitioner and the proceeding is for
9-7 a stepparent adoption;
9-8 (3) the child is at least two years old, the
9-9 parent-child relationship has been terminated with respect to one
9-10 parent, the person seeking the adoption is the child's former
9-11 stepparent and has been a managing conservator or has had actual
9-12 care, possession, and control of the child for a period of six
9-13 months preceding the adoption, and the nonterminated parent
9-14 consents to the adoption; or
9-15 (4) the child is at least two years old, the
9-16 parent-child relationship has been terminated with respect to one
9-17 parent, and the person seeking the adoption is the child's former
9-18 stepparent and has been a managing conservator or has had actual
9-19 care, possession, and control of the child for a period of one year
9-20 preceding the adoption.
9-21 (c) If an affidavit of relinquishment of parental rights
9-22 contains a consent for the Department of Protective and Regulatory
9-23 Services or a licensed child-placing agency to place the child for
9-24 adoption and appoints the department or agency managing conservator
9-25 of the child, further consent by the parent is not required and the
9-26 adoption order shall terminate all rights of the parent without
9-27 further termination proceedings.
9-28 SECTION 15. Subchapter A, Chapter 162, Family Code, is
9-29 amended by adding Section 162.0045 to read as follows:
9-30 Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
9-31 a motion for a preferential setting for a final hearing on an
9-32 adoption and shall give precedence to that hearing over all other
9-33 civil cases not given preference by other law if the social study
9-34 has been filed and the criminal history for the person seeking to
9-35 adopt the child has been obtained.
9-36 SECTION 16. Section 162.0085(a), Family Code, is amended to
9-37 read as follows:
9-38 (a) In a suit affecting the parent-child relationship in
9-39 which an adoption is sought, the court shall order each person
9-40 seeking to adopt the child to obtain that person's own criminal
9-41 history record information. The court shall accept under this
9-42 section a person's criminal history record information that is
9-43 provided by the Department of Protective and Regulatory Services or
9-44 by a licensed child-placing agency that received the information
9-45 from the department if the information was obtained not more than
9-46 one year before the date the court ordered the history to be
9-47 obtained.
9-48 SECTION 17. Section 162.018, Family Code, is amended by
9-49 adding Subsection (d) to read as follows:
9-50 (d) At the time an adoption order is rendered, the court
9-51 shall provide to the parents of an adopted child information
9-52 provided by the bureau of vital statistics that describes the
9-53 functions of the voluntary adoption registry under Subchapter E.
9-54 The licensed child-placing agency shall provide to each of the
9-55 child's biological parents known to the agency, the information
9-56 when the parent signs an affidavit of relinquishment of parental
9-57 rights, affidavit of status of child, or affidavit of waiver of
9-58 interest in a child. The information shall include the right of
9-59 the child or biological parent to refuse to participate in the
9-60 registry. If the adopted child is 14 years old or older the court
9-61 shall provide the information to the child.
9-62 SECTION 18. Section 162.025, Family Code, is amended to read
9-63 as follows:
9-64 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
9-65 (a) A person who is not the natural or adoptive parent of the
9-66 child, the legal guardian of the child, or a child-placing agency
9-67 licensed under Chapter 42, Human Resources Code, commits an offense
9-68 if the person:
9-69 (1) serves as an intermediary between a prospective
10-1 adoptive parent and an expectant parent or parent of a minor child
10-2 to identify the parties to each other [or facilitates the placement
10-3 of the child for adoption]; or
10-4 (2) places a child for adoption.
10-5 (b) It is not an offense under this section if a
10-6 professional provides legal or medical services to:
10-7 (1) a parent who identifies the prospective adoptive
10-8 parent and places the child for adoption without the assistance of
10-9 the professional; or
10-10 (2) a prospective adoptive parent who identifies a
10-11 parent and receives placement of a child for adoption without the
10-12 assistance of the professional.
10-13 (c) An offense under this section is a Class B misdemeanor.
10-14 SECTION 19. Section 162.402, Family Code, is amended by
10-15 amending Subdivisions (7) and (11) and adding Subdivision (14) to
10-16 read as follows:
10-17 (7) "Authorized agency" means a public agency
10-18 authorized to care for or to place children for adoption or a
10-19 private entity approved for that purpose by the department through
10-20 a license, certification, or other means. The term includes a
10-21 licensed child-placing agency or a previously licensed
10-22 child-placing agency that has ceased operations and has transferred
10-23 its adoption records to the bureau [department] or an agency
10-24 authorized by the department to place children for adoption and a
10-25 licensed child-placing agency that has been acquired by, merged
10-26 with, or otherwise succeeded by an agency authorized by the
10-27 department to place children for adoption.
10-28 (11) "Central registry" means the mutual consent
10-29 voluntary adoption registry established and maintained by the
10-30 bureau [department] under this subchapter.
10-31 (14) "Bureau" means the bureau of vital statistics.
10-32 SECTION 20. Sections 162.403(a) and (c), Family Code, are
10-33 amended to read as follows:
10-34 (a) The bureau [department] shall establish and maintain a
10-35 mutual consent voluntary adoption registry.
10-36 (c) An authorized agency that did not directly or by
10-37 contract provide registry services as required by this subchapter
10-38 on January 1, 1984, may not provide its own registry service. The
10-39 bureau [department] shall operate through the central registry
10-40 those services for agencies not permitted to provide a registry
10-41 under this section.
10-42 SECTION 21. Subchapter E, Chapter 162, Family Code, is
10-43 amended by adding Section 162.404 to read as follows:
10-44 Sec. 162.404. REQUIREMENT TO SEND INFORMATION TO CENTRAL
10-45 REGISTRY. An authorized agency that is permitted to provide a
10-46 registry under this subchapter or that participates in a mutual
10-47 consent voluntary adoption registry with an association of
10-48 authorized agencies shall send to the central registry a duplicate
10-49 of all information the registry maintains in the agency's registry
10-50 or sends to the registry in which the agency participates.
10-51 SECTION 22. Sections 162.407(b) and (c), Family Code, are
10-52 amended to read as follows:
10-53 (b) An adoptee adopted or placed through an authorized
10-54 agency may register through the registry maintained by that agency
10-55 or the registry to which the agency has delegated registry services
10-56 or through the central registry maintained by the bureau
10-57 [department].
10-58 (c) Birth parents and biological siblings shall register
10-59 through:
10-60 (1) the registry of the authorized agency through
10-61 which the adoptee was adopted or placed; or[. If the proper
10-62 registry is unknown or if the agency's registry refuses the
10-63 application, the birth parent or biological sibling may register
10-64 through]
10-65 (2) the central registry.
10-66 SECTION 23. Section 162.408, Family Code, is amended to read
10-67 as follows:
10-68 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
10-69 standards of the Texas Board of Health for the bureau [department]
11-1 must provide for proof of identity in order to facilitate the
11-2 purposes of this subchapter and to protect the privacy rights of
11-3 adoptees, adoptive parents, birth parents, biological siblings, and
11-4 their families.
11-5 SECTION 24. Section 162.411(d), Family Code, is amended to
11-6 read as follows:
11-7 (d) The fees collected by the bureau [department] shall be
11-8 deposited in a special fund in the general revenue fund. Funds in
11-9 the special fund may be appropriated only for the administration of
11-10 the central registry.
11-11 SECTION 25. Section 162.414(c), Family Code, is amended to
11-12 read as follows:
11-13 (c) To establish or corroborate a match, the administrator
11-14 shall request confirmation of a possible match from the bureau [of
11-15 vital statistics]. If the [department or] agency operating the
11-16 registry has in its own records sufficient information through
11-17 which the match may be confirmed, the administrator may, but is not
11-18 required to, request confirmation from the bureau [of vital
11-19 statistics]. The bureau [of vital statistics] may confirm or deny
11-20 the match without breaching the duty of confidentiality to the
11-21 adoptee, adoptive parents, birth parents, or biological siblings
11-22 and without a court order.
11-23 SECTION 26. Section 162.420, Family Code, is amended to read
11-24 as follows:
11-25 Sec. 162.420. RULEMAKING. (a) The Texas Board of Health
11-26 [department] shall make rules and adopt minimum standards for the
11-27 bureau to:
11-28 (1) administer the provisions of this subchapter; and
11-29 (2) ensure that each registry respects the right to
11-30 privacy and confidentiality of an adoptee, birth parent, and
11-31 biological sibling who does not desire to disclose the person's
11-32 identity.
11-33 (b) The bureau [department] shall conduct a comprehensive
11-34 review of all [of its] rules and standards adopted under this
11-35 subchapter not less than every six years.
11-36 (c) In order to provide the administrators an opportunity to
11-37 review proposed rules and standards and send written suggestions to
11-38 the Texas Board of Health [department], the board [department]
11-39 shall, before adopting rules and minimum standards, send a copy of
11-40 the proposed rules and standards not less than 60 days before the
11-41 date they take effect to:
11-42 (1) the administrator of each registry established
11-43 under this subchapter; and
11-44 (2) the administrator of each agency authorized by the
11-45 department to place children for adoption.
11-46 SECTION 27. Section 162.421(a), Family Code, is amended to
11-47 read as follows:
11-48 (a) This subchapter does not prevent the bureau [department]
11-49 from making known to the public, by appropriate means, the
11-50 existence of voluntary adoption registries.
11-51 SECTION 28. Sections 162.422(a) and (b), Family Code, are
11-52 amended to read as follows:
11-53 (a) The bureau [department] or authorized agency
11-54 establishing or operating a registry is not liable to any person
11-55 for obtaining or disclosing identifying information about a birth
11-56 parent, adoptee, or biological sibling within the scope of this
11-57 subchapter and under its provisions.
11-58 (b) An employee or agent of the bureau [department] or of an
11-59 authorized agency establishing or operating a registry under this
11-60 subchapter is not liable to any person for obtaining or disclosing
11-61 identifying information about a birth parent, adoptee, or
11-62 biological sibling within the scope of this subchapter and under
11-63 its provisions.
11-64 SECTION 29. Section 192.008(a), Health and Safety Code, is
11-65 amended to read as follows:
11-66 (a) The supplementary birth certificate of an adopted child
11-67 must be in the names of the adoptive parents, one of whom must be a
11-68 female, named as the mother, and the other of whom must be a male,
11-69 named as the father. This subsection does not prohibit a single
12-1 individual, male or female, from adopting a child. Copies of the
12-2 child's birth certificates or birth records may not disclose that
12-3 the child is adopted.
12-4 SECTION 30. Chapter 25, Penal Code, is amended by adding
12-5 Section 25.09 to read as follows:
12-6 Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A
12-7 person commits an offense if the person advertises in the public
12-8 media that the person will place a child for adoption or will
12-9 provide or obtain a child for adoption.
12-10 (b) This section does not apply to a licensed child-placing
12-11 agency that is identified in the advertisement as a licensed
12-12 child-placing agency.
12-13 (c) An offense under this section is a Class A misdemeanor
12-14 unless the person has been convicted previously under this section,
12-15 in which event the offense is a felony of the third degree.
12-16 (d) In this section:
12-17 (1) "Child" has the meaning assigned by Section
12-18 101.003, Family Code.
12-19 (2) "Public media" has the meaning assigned by Section
12-20 38.01. The term also includes communications through the use of
12-21 the Internet or another public computer network.
12-22 SECTION 31. (a) This Act takes effect September 1, 1997.
12-23 (b) Except as otherwise provided by this section, the change
12-24 in law made by this Act applies only to a suit affecting the
12-25 parent-child relationship commenced on or after the effective date
12-26 of this Act. A suit affecting the parent-child relationship
12-27 commenced before the effective date of this Act is governed by the
12-28 law in effect on the date it was commenced, and the former law is
12-29 continued in effect for that purpose.
12-30 (c) The change in law made by this Act pertaining to the
12-31 termination of the parent-child relationship applies only to an
12-32 affidavit to relinquish parental rights or an affidavit of waiver
12-33 of interest in a child executed on or after the effective date of
12-34 this Act. An affidavit executed before the effective date of this
12-35 Act is governed by the law in effect on the date the affidavit was
12-36 executed, and the former law is continued in effect for that
12-37 purpose.
12-38 (d) The change in law made by this Act pertaining to
12-39 adoptions applies only to petitions for adoptions filed on or after
12-40 the effective date of this Act. A petition for adoption filed
12-41 before the effective date of this Act is governed by the law in
12-42 effect on the date the petition was filed, and the former law is
12-43 continued in effect for that purpose; except that for these
12-44 purposes a petition for adoption shall be considered to be filed at
12-45 the time that the original petition was filed or at the time that
12-46 an amended petition seeking the adoption was filed if the amended
12-47 petition is filed in a cause that has previously been filed and
12-48 where the court has continuing jurisdiction over the child.
12-49 (e) The change in law made by this Act pertaining to a
12-50 criminal offense applies only to an offense committed on or after
12-51 the effective date of this Act. For purposes of this subsection,
12-52 an offense is committed before the effective date of this Act if
12-53 any element of the offense occurs before that date. An offense
12-54 committed before the effective date of this Act is covered by the
12-55 law in effect when the offense was committed, and the former law is
12-56 continued in effect for that purpose.
12-57 (f) The change in law made by this Act transferring the
12-58 administration of the central voluntary adoption registry from the
12-59 Department of Protective and Regulatory Services to the bureau of
12-60 vital statistics takes effect January 1, 1998. On that date, the
12-61 powers, duties, obligations, rights, contracts, records, personnel,
12-62 property, and unexpended appropriations dedicated to the department
12-63 for the operation of the registry are transferred to the bureau.
12-64 The department and the bureau shall develop and implement a plan
12-65 before that date for the transfer of the registry.
12-66 SECTION 32. The importance of this legislation and the
12-67 crowded condition of the calendars in both houses create an
12-68 emergency and an imperative public necessity that the
12-69 constitutional rule requiring bills to be read on three several
13-1 days in each house be suspended, and this rule is hereby suspended.
13-2 * * * * *