SRC-JEC S.B. 933 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 933
77R5901 JMM-FBy: Barrientos
Jurisprudence
3/15/2001
As Filed


DIGEST AND PURPOSE 

Currently, a parent who offers a child for adoption has ten days from the
date the parent signs an affidavit to rescind the decision.  Additionally,
the law requires that the affidavit contain a statement that notifies a
parent of the parent's right to revoke the decision within the ten day
period.  As proposed, S.B. 933 requires the affidavit to include statements
that a parent is aware of the right to revoke and the associated time
frame; and that a parent is aware that there is no guarantee of anonymity
from the child being relinquished.  It also allows the revocation of
affidavits that designate child placing agencies as conservators; and
allows a parent to request a copy of an affidavit from the court clerk for
a fee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 161.103(b), (d), and (e), Family Code, as
follows: 

(b)  Requires the affidavit to contain, if the relinquishment of parental
rights is revocable, a statement that the parent signing the affidavit is
aware that the parent may revoke the affidavit before the 11th day after
the date the affidavit is executed.  Requires the affidavit to contain a
statement that the parent signing the affidavit is aware that no person or
entity can guarantee the birth parent anonymity from the child the birth
parent is relinquishing. 

(d)  Entitles the parent signing the affidavit to a copy of the filed
affidavit from the clerk of the court on payment of the required fee. 

(e)  Deletes language regarding the irrevocability of a relinquishment
affidavit as applicable to a licensed child placing agency serving as the
managing conservator. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2001.