SRC-LBB H.B. 233 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 233
78R3423 JMM-FBy: Goodman (Harris)
Jurisprudence
4/14/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, prospective adoptive parents do not have standing to
file suit for adoption without a valid voluntary relinquishment of
parental rights signed by the parent not earlier than 48 hours after the
birth of a child.  A home screening of the adoptive parents' home is
required to ensure that the adoptive family is safe and suitable for the
child to be adopted, when an adoptive suit is filed.  Adoptive parents
have to wait until the child is born to file suit.  Therefore, the child
is sometimes placed in a foster home during the period of the home
screening.  

As proposed, H.B. 233 authorizes a birth parent to confer standing to a
prospective adoptive parent prior to birth and prior to execution of an
affidavit of relinquishment.  This bill also authorizes a birth parent to
revoke a statement to confer standing at any time before the person
executes an affidavit for voluntary relinquishment of parental rights. 

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 Section 102.003(a), Family Code, to authorize a person
who has been named as a prospective adoptive parent of a child by a
pregnant woman or the parent of the child in a verified written statement
to confer standing under Section 102.0035, regardless of whether the child
has been born, to file an original suit affecting the parent-child
relationship. 

SECTION 2.  Amends Chapter 102, Family Code, to add Section 102.0035, as
follows 

Sec. 102.0035.  STATEMENT TO CONFER STANDING.  (a) Authorizes a pregnant
woman or a parent of a child to execute a statement to confer standing to
a prospective adoptive parent.  Prohibits a statement to confer standing
under this section from being executed in a suit filed by a governmental
entity under Chapters 262 or 263. 

  (b)  Requires a statement to confer standing to contain certain
information. 

(c)  Requires the statement to confer standing to be attached to the
petition in a suit affecting the parent-child relationship.  Prohibits the
statement from being used for any purpose other than to confer standing in
a proceeding for adoption or to terminate the parent-child relationship.  

(d)  Authorizes the statement to confer standing to be signed at any time
during the pregnancy of the mother of the unborn child whose parental
rights are to be terminated. 

(e)  Provides that a statement to confer standing is not required in a
suit brought by a person who has standing to file a suit affecting the
parent-child relationship under Sections 102.003(a)(1)-(13) or any other
law which the person has standing to file a suit. 

 (f)  Authorizes a person who executes a statement to confer standing to
revoke the statement at any time before the person executes an affidavit
for voluntary relinquishment of parental rights.  Requires the revocation
to be in writing, sent by certified mail and return receipt requested to
prospective adoptive parent.   

(g)  Requires the court to dismiss any suit affecting the parent-child
relationship filed by the prospective adoptive parent named in the
statement, on filing with the court proof of the delivery of the
revocation of a statement to confer standing under Subsection (f). 

SECTION 3.  Effective date:  September 1, 2003.