BILL ANALYSIS
Senate Research Center H.B. 3537
80R8289 MCK-D By: Garcia (Hinojosa)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, military service is not explicitly prohibited from being considered as a factor in determining the suitability for adoption of a child. Military personnel seeking to adopt a child are concerned that a family member's active or reserve military service may be used as a negative factor when determining the family's suitability for adoption.
H.B. 3537 prohibits a person's membership in the United States armed forces, the National Guard of Texas or another state, or a reserve component of the armed forces from being considered by the court, or any person performing a social study or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable parent.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 162, Family Code, by adding Section 162.0025, as follows:
Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. Prohibits the fact that a petitioner in a suit for adoption is a member of the armed forces of the United States, a member of the Texas National Guard or the National Guard of another state, or a member of a reserve component of the armed forces of the United States from being considered by the court, or any person performing a social study or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable parent.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2007.