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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of a child who has an adjudicated, |
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presumed, or acknowledged father. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.005, Family Code, is amended to read |
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as follows: |
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Sec. 102.005. STANDING TO REQUEST TERMINATION AND |
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ADOPTION. An original suit requesting only an adoption or for |
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termination of the parent-child relationship joined with a petition |
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for adoption may be filed by: |
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(1) a stepparent of the child; |
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(2) an adult who, as the result of a placement for |
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adoption, has had actual possession and control of the child at any |
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time during the 30-day period preceding the filing of the petition; |
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(3) an adult who has had actual possession and control |
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of the child for not less than two months during the three-month |
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period preceding the filing of the petition; |
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(4) an adult who has adopted, or is the foster parent |
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of and has petitioned to adopt, a sibling of the child; [or] |
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(5) another adult whom the court determines to have |
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had substantial past contact with the child sufficient to warrant |
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standing to do so; or |
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(6) a man who alleges to be the biological father of |
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the child under Section 162.026. |
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SECTION 2. Section 162.001(b), Family Code, is amended to |
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read as follows: |
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(b) A child residing in this state may be adopted if: |
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(1) the parent-child relationship as to each living |
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parent of the child has been terminated or a suit for termination is |
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joined with the suit for adoption; |
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(2) the parent whose rights have not been terminated |
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is presently the spouse of the petitioner and the proceeding is for |
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a stepparent adoption; |
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(3) the child is at least two years old, the |
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parent-child relationship has been terminated with respect to one |
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parent, the person seeking the adoption has been a managing |
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conservator or has had actual care, possession, and control of the |
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child for a period of six months preceding the adoption or is the |
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child's former stepparent, and the nonterminated parent consents to |
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the adoption; [or] |
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(4) the child is at least two years old, the |
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parent-child relationship has been terminated with respect to one |
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parent, and the person seeking the adoption is the child's former |
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stepparent and has been a managing conservator or has had actual |
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care, possession, and control of the child for a period of one year |
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preceding the adoption; or |
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(5) the child has an adjudicated, presumed, or |
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acknowledged father who has executed an irrevocable affidavit of |
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voluntary relinquishment of parental rights with regard to the |
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child, the affidavit of voluntary relinquishment designates the |
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person seeking the adoption as a prospective adoptive parent of the |
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child, and the person seeking the adoption alleges that the person |
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is the biological father of the child. |
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SECTION 3. Subchapter A, Chapter 162, Family Code, is |
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amended by adding Section 162.026 to read as follows: |
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Sec. 162.026. ADOPTION OF CHILD WITH ADJUDICATED, PRESUMED, |
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OR ACKNOWLEDGED FATHER. (a) A man who alleges to be the biological |
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father of a child may file a petition for adoption of the child |
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under Section 162.001(b)(5). |
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(b) The mother of the child must join in the petition for |
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adoption. |
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(c) The petition for adoption under this section must: |
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(1) allege that the petitioner is the biological |
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father of the child; |
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(2) request the termination of the parental rights of |
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the adjudicated, presumed, or acknowledged father; and |
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(3) include an affidavit verifying the matters alleged |
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in the petition, except for matters alleged on information and |
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belief. |
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(d) In a suit for adoption under this section, the court |
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shall order the child and the petitioner to submit to genetic |
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testing. Genetic testing under this section must comply with the |
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requirements of Subchapter F, Chapter 160. |
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(e) If the results of genetic testing rebuttably identify |
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the petitioner as the biological father of the child in accordance |
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with Section 160.505 and the court makes separate findings required |
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by Section 162.016, the court shall render an order: |
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(1) terminating the parent-child relationship between |
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the adjudicated, acknowledged, or presumed father and the child; |
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and |
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(2) granting the adoption of the child by the |
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petitioner. |
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(f) On rendering an order under Subsection (e), the court |
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shall vacate any order of support under which the adjudicated, |
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acknowledged, or presumed father was the obligor, except that |
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arrearages owed under an order at the time of the termination of the |
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parent-child relationship remain subject to enforcement under this |
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subtitle. |
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SECTION 4. This Act takes effect September 1, 2009. |