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A BILL TO BE ENTITLED
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AN ACT
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relating to retroactive child support and notification in cases |
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involving an anticipated adoption that is not completed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.131, Family Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Notwithstanding any other provision of this section, if |
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a man executed an affidavit of voluntary relinquishment of parental |
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rights under Section 161.103, an affidavit of waiver of interest in |
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child under Section 161.106, or other comparable affidavit |
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permitted by law, with the good faith belief that the child would be |
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placed for adoption and the man's parental rights terminated, the |
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court may not order the man to pay retroactive child support for any |
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period during which the man did not have actual knowledge that: |
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(1) the child was not subsequently placed for |
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adoption; and |
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(2) the man's parental rights were not terminated. |
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SECTION 2. Subchapter G, Chapter 162, Family Code, is |
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amended by adding Section 162.603 to read as follows: |
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Sec. 162.603. NOTIFICATION OF DECISION TO DECLINE TO PLACE |
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CHILD FOR ADOPTION. (a) This section applies only to a licensed |
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child-placing agency with a mailing address for the father of a |
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child who the agency anticipates will be placed for adoption |
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through the agency. |
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(b) If a child's mother, after seeking assistance from a |
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licensed child-placing agency in connection with the anticipated |
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placement of the child for adoption, subsequently informs the |
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agency that she will not place the child for adoption, the agency |
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shall provide written notification to the child's father that the |
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agency will not be placing the child for adoption. |
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SECTION 3. The change in law made by this Act to Section |
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154.131, Family Code, applies only to a child support order |
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rendered on or after the effective date of this Act. A child |
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support order rendered before the effective date of this Act is |
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governed by the law in effect at the time the order is rendered, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |