C.S.H.B. 233 78(R)    BILL ANALYSIS


C.S.H.B. 233
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND 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.  When an adoptive suit is filed, 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.  Since adoptive parents
have to wait until the child is born to file suit, the child is sometimes
placed in a foster home during the period of the home screening.  

C.S.H.B. 233 allows a birth parent to confer standing to a prospective
adoptive parent prior to birth and prior to execution of an affidavit of
relinquishment.  Thus pre-screening of adoptive parents and social studies
can begin so that adoption is facilitated shortly after birth.  This does
not negate a birth parent's right to change their minds upon birth of the
child. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Amends Family Code Section 102.003(a) 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, regardless of whether the child has been born, to file
an original suit affecting the parent-child relationship. 

SECTION 2.  Adds Family Code Section 102.0035 which provides that a
pregnant women or a parent of a child may execute a statement to confer
standing to a prospective adoptive parent. Provides that a statement to
confer standing to a prospective adoptive parent pursuant to Section
102.003(a)(14) cannot be executed in suits filed by a governmental entity
under Chapters 262 or 263, thus clearly limiting this process to private
adoptions. The bill sets out what information must be contained in the
statement to confer standing, that it must be attached to the petition in
a suit affecting the parent-child relationship, and that the statement may
not be used for any purpose other than to confer standing in a proceeding
for adoption or to terminate the parent-child relationship. The statement
may be signed at any time during the pregnancy of the mother of the unborn
child whose parental rights are to be terminated and may be revoked at any
time prior to the person's execution of an affidavit for voluntary
relinquishment of parental rights.  Excludes use of the statement for any
other purpose than set out in Section 102.003(a) for a prospective
adoptive parent. 

Requires that a person who executes a statement to confer standing may
revoke such at any time before the person executes an affidavit for
voluntary relinquishment of parental rights, that the revocation must be
in writing, sent by certified mail and return receipt requested to
prospective adoptive parent.  The court must dismiss any suit filed by the
prospective adoptive parent when revocation is filed with the court. 

SECTION 3.  This Act takes effect September 1, 2003. 


 
EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 233 modifies the original H.B. 233 to provide that a statement to
confer standing to a prospective adoptive parent pursuant to Section
102.003(a)(14) cannot be executed in suits filed by a governmental entity
under Chapters 262 or 263, thus clearly limiting this process to private
adoptions.