Tex. Fam. Code Section 161.002
Termination of the Rights of an Alleged Biological Father


(a)

Except as otherwise provided by this section, the procedural and substantive standards for termination of parental rights apply to the termination of the rights of an alleged father.

(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 (Uniform Parentage Act);

(2)

the child is over one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed, he has not registered with the paternity registry under Chapter 160 (Uniform Parentage Act), 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;

(3)

the child is under one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed and he has not registered with the paternity registry under Chapter 160 (Uniform Parentage Act); or

(4)

he has registered with the paternity registry under Chapter 160 (Uniform Parentage Act), 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)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(2), eff. April 2, 2015.

(c-1)

The termination of the rights of an alleged father under Subsection (b)(2) or (3) 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 an alleged father who has not registered with the paternity registry under Chapter 160 (Uniform Parentage Act).

(d)

The termination of rights of an alleged father under Subsection (b)(4) does not require service of citation by publication on the alleged father.

(e)

The court shall not render an order terminating parental rights under Subsection (b)(2) or (3) unless the court receives evidence of a certificate of the results of a search of the paternity registry under Chapter 160 (Uniform Parentage Act) from the vital statistics unit indicating that no man has registered the intent to claim paternity.

(f)

The court shall not render an order terminating parental rights under Subsection (b)(4) unless the court, after reviewing the petitioner’s sworn affidavit describing the petitioner’s effort to obtain personal service of citation on 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 obtain service on the alleged father. The order shall contain specific findings regarding the exercise of due diligence of the petitioner.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 66, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.16, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 4, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.079, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(2), eff. April 2, 2015.

Source: Section 161.002 — Termination of the Rights of an Alleged Biological Father, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­002 (accessed Mar. 23, 2024).

161.001
Involuntary Termination of Parent-child Relationship
161.002
Termination of the Rights of an Alleged Biological Father
161.003
Involuntary Termination: Inability to Care for Child
161.004
Termination of Parental Rights After Denial of Prior Petition to Terminate
161.005
Termination When Parent Is Petitioner
161.006
Termination After Abortion
161.007
Termination When Pregnancy Results from Criminal Act
161.101
Petition Allegations
161.102
Filing Suit for Termination Before Birth
161.103
Affidavit of Voluntary Relinquishment of Parental Rights
161.104
Rights of Designated Managing Conservator Pending Court Appointment
161.106
Affidavit of Waiver of Interest in Child
161.107
Missing Parent or Relative
161.108
Release of Child from Hospital or Birthing Center
161.109
Requirement of Paternity Registry Certificate
161.202
Preferential Setting
161.203
Dismissal of Petition
161.204
Termination Based on Affidavit of Waiver of Interest
161.205
Order Denying Termination
161.206
Order Terminating Parental Rights
161.207
Appointment of Managing Conservator on Termination
161.208
Appointment of Department of Family and Protective Services as Managing Conservator
161.209
Copy of Order of Termination
161.210
Sealing of File
161.211
Direct or Collateral Attack on Termination Order
161.301
Definitions
161.302
Petition
161.303
Hearing
161.304
Orders
161.1031
Medical History Report
161.1035
Revocability of Certain Affidavits
161.2011
Continuance
161.2021
Medical History Report
161.2061
Terms Regarding Limited Post-termination Contact
161.2062
Provision for Limited Contact Between Biological Parent and Child
161.2081
Notice of Termination for Certain Relatives

Accessed:
Mar. 23, 2024

§ 161.002’s source at texas​.gov