78R5259 KLA-D

By:  Goodman                                                      H.B. No. 980



A BILL TO BE ENTITLED

AN ACT

relating to the circumstances under which a child may be adopted.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 162.001(b), Family Code, is amended to 
read as follows:  
	(b)  A child residing in this state may be adopted if:                         
		(1)  the parent-child relationship as to each living 
parent of the child has been terminated or a suit for termination is 
joined with the suit for adoption;
		(2)  the parent whose rights have not been terminated 
is presently the spouse of the petitioner and the proceeding is for 
a stepparent adoption; or
		(3)  the child is at least two years old, the 
parent-child relationship has been terminated with respect to one 
parent, the person seeking the adoption [is the child's former 
stepparent and] has been a managing conservator or has had actual 
care, possession, and control of the child for a period of six 
months preceding the adoption or is the child's former stepparent, 
and the nonterminated parent consents to the adoption[; or
		[(4)  the child is at least two years old, the 
parent-child relationship has been terminated with respect to one 
parent, and the person seeking the adoption is the child's former 
stepparent and has been a managing conservator or has had actual 
care, possession, and control of the child for a period of one year 
preceding the adoption].
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a suit 
for adoption filed on or after the effective date of this Act.  A 
suit for adoption filed before the effective date of this Act is 
governed by the law in effect on the date the suit was filed, and the 
former law is continued in effect for that purpose.