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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for an affidavit of voluntary |
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relinquishment of parental rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.103(b), Family Code, is amended to |
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read as follows: |
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(b) The affidavit must contain: |
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(1) the name, county of residence [address], and age |
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of the parent whose parental rights are being relinquished; |
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(2) the name, age, and birth date of the child; |
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(3) the names and addresses of the guardians of the |
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person and estate of the child, if any; |
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(4) a statement that the affiant is or is not presently |
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obligated by court order to make payments for the support of the |
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child; |
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(5) a full description and statement of value of all |
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property owned or possessed by the child; |
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(6) an allegation that termination of the parent-child |
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relationship is in the best interest of the child; |
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(7) one of the following, as applicable: |
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(A) the name and county of residence [address]of |
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the other parent; |
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(B) a statement that the parental rights of the |
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other parent have been terminated by death or court order; or |
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(C) a statement that the child has no presumed |
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father and that an affidavit of status of the child has been |
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executed as provided by this chapter; |
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(8) a statement that the parent has been informed of |
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parental rights and duties; |
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(9) a statement that the relinquishment is revocable, |
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that the relinquishment is irrevocable, or that the relinquishment |
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is irrevocable for a stated period of time; |
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(10) if the relinquishment is revocable, a statement |
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in boldfaced type concerning the right of the parent signing the |
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affidavit to revoke the relinquishment only if the revocation is |
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made before the 11th day after the date the affidavit is executed; |
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(11) if the relinquishment is revocable, the name and |
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address of a person to whom the revocation is to be delivered; and |
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(12) the designation of a prospective adoptive parent, |
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the Department of Family and Protective [and Regulatory] Services, |
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if the department has consented in writing to the designation, or a |
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licensed child-placing agency to serve as managing conservator of |
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the child and the address of the person or agency. |
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SECTION 2. The change in law made by this Act applies only |
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to an affidavit of voluntary relinquishment of parental rights |
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executed on or after the effective date of this Act. An affidavit |
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executed before the effective date of this Act is governed by the |
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law in effect on the date the affidavit was executed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |