80R11565 KKA-F

By: Puente H.B. No. 3997

A BILL TO BE ENTITLED

AN ACT

relating to the uniform parentage act, termination of the rights of an alleged father, and other matters relating to determination of paternity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 102.009(a), Family Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the following are entitled to service of citation on the filing of a petition in an original suit:

(1) a managing conservator;

(2) a possessory conservator;

(3) a person having possession of or access to the child under an order;

(4) a person required by law or by order to provide for the support of the child;

(5) a guardian of the person of the child;

(6) a guardian of the estate of the child;

(7) each parent as to whom the parent-child relationship has not been terminated or process has not been waived under Chapter 161;

(8) an alleged father, unless there is attached to the petition an affidavit of waiver of interest in a child executed by the alleged father as provided by Chapter 161 or unless the petitioner has complied with the provisions of Section 161.002(b)(3) [161.002(b)(2) or (b)(3)];

(9) a man who has filed a notice of intent to claim paternity as provided by Chapter 160;

(10) the Department of Family and Protective Services, if the petition requests that the department be appointed as managing conservator of the child;

(11) the Title IV-D agency, if the petition requests the termination of the parent-child relationship and support rights have been assigned to the Title IV-D agency under Chapter 231;

(12) a prospective adoptive parent to whom standing has been conferred under Section 102.0035; and

(13) a person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Chapter 161 or to whom consent to adoption has been given in writing under Chapter 162.

SECTION 2. Section 160.402(b), Family Code, is amended to read as follows:

(b) A man is entitled to notice of a proceeding described by Subsection (a) regardless of whether he registers with the registry of paternity if:

(1) a father-child relationship between the man and the child has been established under this chapter or another law; or

(2) the man commences a proceeding to adjudicate his paternity before the court has entered a judgment terminating the parental rights of all potential or putative fathers [terminated his parental rights].

SECTION 3. Section 160.403, Family Code, is amended to read as follows:

Sec. 160.403. NOTICE OF PROCEEDING. Except as provided by Sections 161.002(b)(3) and (f), notice [Notice] of a proceeding to adopt or to terminate parental rights regarding a child must be given to a registrant who has timely registered with regard to that child. Notice must be given in a manner prescribed for service of process in a civil action.

SECTION 4. Section 160.422(d), Family Code, is amended to read as follows:

(d) A search of the registry is not required if a father-child relationship exists between a man and the child, as provided by Section 160.201(b), and that man:

(1) has been served with citation and notice of the proceeding for termination of parental rights; or

(2) [the only man alleged to be the father of the child] has signed a [waiver of interest in, or] relinquishment of parental rights with regard to[,] the child.

SECTION 5. Section 161.002, Family Code, is amended by amending Subsections (b), (c), and (e) and adding Subsection (c-1) to read as follows:

(b) The rights of an alleged father may be terminated if:

(1) after being served with citation, he does not respond by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160;

(2) he has not registered with the paternity registry under Chapter 160[, and after the exercise of due diligence by the petitioner:

[(A)his identity and location are unknown; or

[(B) his identity is known but he cannot be located]; or

(3) he has registered with the paternity registry under Chapter 160, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.

(c) The termination of the rights of an alleged father under Subsection (b)(2) rendered on or after January 1, 1998, and before January 1, 2008, does not require personal service of citation or citation by publication on the alleged father.

(c-1) The termination of the rights of an alleged father under Subsection (b)(2) rendered on or after January 1, 2008, does not require personal service of citation or citation by publication on the alleged father, and there is no requirement to identify or locate a putative or alleged father who has not registered with the paternity registry under Chapter 160.

(e) The court shall not render an order terminating parental rights under Subsection (b)(2) unless the court receives evidence of a certificate of the results of a search of the paternity registry under Chapter 160 from the bureau of vital statistics indicating that no man has registered the intent to claim paternity[, after reviewing the petitioner's sworn affidavit describing the petitioner's effort to identify and locate the alleged father and considering any evidence submitted by the attorney ad litem for the alleged father, has found that the petitioner exercised due diligence in attempting to identify and locate the alleged father. The order shall contain specific findings regarding due diligence of the petitioner].

SECTION 6. Section 161.103(b), Family Code, is amended to read as follows:

(b) The affidavit must contain:

(1) the name, address, and age of the parent whose parental rights are being relinquished;

(2) the name, age, and birth date of the child;

(3) the names and addresses of the guardians of the person and estate of the child, if any;

(4) a statement that the affiant is or is not presently obligated by court order to make payments for the support of the child;

(5) a full description and statement of value of all property owned or possessed by the child;

(6) an allegation that termination of the parent-child relationship is in the best interest of the child;

(7) one of the following, as applicable:

(A) the name and address of the other parent;

(B) a statement that the parental rights of the other parent have been terminated by death or court order; or

(C) a statement that the child has no presumed father [and that an affidavit of status of the child has been executed as provided by this chapter];

(8) a statement that the parent has been informed of parental rights and duties;

(9) a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time;

(10) if the relinquishment is revocable, a statement in boldfaced type concerning the right of the parent signing the affidavit to revoke the relinquishment only if the revocation is made before the 11th day after the date the affidavit is executed;

(11) if the relinquishment is revocable, the name and address of a person to whom the revocation is to be delivered; and

(12) the designation of a prospective adoptive parent, the Department of Family and Protective [and Regulatory] Services, if the department has consented in writing to the designation, or a licensed child-placing agency to serve as managing conservator of the child and the address of the person or agency.

SECTION 7. Section 161.1035, Family Code, is amended to read as follows:

Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An affidavit of relinquishment of parental rights [or affidavit of waiver of interest in a child] that fails to state that the relinquishment or waiver is irrevocable for a stated time is:

(1) revocable only if the revocation is made before the 11th day after the date the affidavit is executed; and

(2) irrevocable on or after the 11th day after the date the affidavit is executed.

SECTION 8. Section 161.106(f), Family Code, is amended to read as follows:

(f) A waiver in an affidavit under this section [that designates the Department of Protective and Regulatory Services or a licensed child-placing agency to serve as the managing conservator] is irrevocable. [A waiver in any other affidavit under this section is revocable unless it expressly provides that it is irrevocable for a stated period not to exceed 60 days after the date of execution.]

SECTION 9. Section 161.107(a)(1), Family Code, is amended to read as follows:

(1) "Parent" means a parent, as defined by Section 160.102, whose parent-child relationship with a child has not been terminated. The term does not include a putative or potential father whose name is not included in the paternity registry under Chapter 160 and who has not commenced a proceeding to adjudicate paternity.

SECTION 10. Section 161.107(b), Family Code, is amended to read as follows:

(b) If a parent of the child has not been personally served in a suit in which the Department of Family and Protective [and Regulatory] Services seeks termination, the department must make a diligent effort to locate that parent.

SECTION 11. Section 161.109(a), Family Code, is amended to read as follows:

(a) If a parent-child relationship does not exist between the child and any man [an affidavit of status of child as provided by this chapter states that the father of the child is unknown and no probable father is known], a certificate from the bureau of vital statistics signed by the registrar that a diligent search has been made of the paternity registry maintained by the bureau and that a registration has not been found pertaining to the father of the child in question must be filed with the court before a trial on the merits in the suit for termination may be held.

SECTION 12. Section 162.018(d), Family Code, is amended to read as follows:

(d) At the time an adoption order is rendered, the court shall provide to the parents of an adopted child information provided by the bureau of vital statistics that describes the functions of the voluntary adoption registry under Subchapter E. The licensed child-placing agency shall provide to each of the child's biological parents known to the agency, the information when the parent signs an affidavit of relinquishment of parental rights[, affidavit of status of child,] or affidavit of waiver of interest in a child. The information shall include the right of the child or biological parent to refuse to participate in the registry. If the adopted child is 14 years old or older the court shall provide the information to the child.

SECTION 13. Sections 161.105 and 161.106(g), (h), and (j), Family Code, are repealed.

SECTION 14. The changes in law made by this Act apply only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship 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.

SECTION 15. This Act takes effect September 1, 2007.