Tex. Fam. Code Section 161.103
Affidavit of Voluntary Relinquishment of Parental Rights


(a)

An affidavit for voluntary relinquishment of parental rights must be:

(1)

signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose parental rights are to be relinquished;

(2)

witnessed by two credible persons; and

(3)

verified before a person authorized to take oaths.

(b)

The affidavit must contain:

(1)

the name, county of residence, 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 county of residence 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;

(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 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.

(c)

The affidavit may contain:

(1)

a waiver of process in a suit to terminate the parent-child relationship filed under this chapter or in a suit to terminate joined with a petition for adoption; and

(2)

a consent to the placement of the child for adoption by the Department of Family and Protective Services or by a licensed child-placing agency.

(d)

A copy of the affidavit shall be provided to the parent at the time the parent signs the affidavit.

(e)

The relinquishment in an affidavit that designates the Department of Family and Protective Services or a licensed child-placing agency to serve as the managing conservator is irrevocable. A relinquishment in any other affidavit of relinquishment is revocable unless it expressly provides that it is irrevocable for a stated period of time not to exceed 60 days after the date of its execution.

(f)

A relinquishment in an affidavit of relinquishment of parental rights that fails to state that the relinquishment is irrevocable for a stated time is revocable as provided by Section 161.1035 (Revocability of Certain Affidavits).

(g)

To revoke a relinquishment under Subsection (e) the parent must sign a statement witnessed by two credible persons and verified before a person authorized to take oaths. A copy of the revocation shall be delivered to the person designated in the affidavit. If a parent attempting to revoke a relinquishment under this subsection has knowledge that a suit for termination of the parent-child relationship has been filed based on the parent’s affidavit of relinquishment of parental rights, the parent shall file a copy of the revocation with the clerk of the court.

(h)

The affidavit may not contain terms for limited post-termination contact between the child and the parent whose parental rights are to be relinquished as a condition of the relinquishment of parental rights.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 69, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 561, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1412 (H.B. 568), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.082, eff. April 2, 2015.

Source: Section 161.103 — Affidavit of Voluntary Relinquishment of Parental Rights, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­103 (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

§ 161.103’s source at texas​.gov