HBA-SEB H.B. 1006 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1006
By: West, George
Juvenile Justice and Family Issues
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Family Code provides for a father's waiver of interest in a
child and voluntary relinquishment of parental rights.  Courts have used
waivers of interest as a basis for terminating fathers' parental rights.
Some courts may see the statute regarding the waiver of interest to be an
authorization to use it as a basis for termination of parental rights,
rather than a requirement, and therefore revert to a separate statute
(Section 161.103, Family Code) regarding voluntary relinquishment of
parental rights.  Section 161.103 applies to either parent and states that
a person's parental rights may be relinquished only if an affidavit to that
effect is signed no sooner than 48 hours after the child's birth.
Obtaining a parent's signature 48 hours after the child's birth may prove
difficult.  H.B. 1006 requires a court to terminate a fathers's parental
rights based on either a waiver of interest in the child or a voluntary
relinquishment of parental rights.        

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.105(b), Family Code, to include an option in
the content requirements of an affidavit under this section (Affidavit of
Status of Child), which states that a child has no presumed father.
Provides that the affidavit contain information about an alleged father,
including, if applicable, a statement that an alleged father has executed
an affidavit of waiver of interest in the child under this chapter
(Termination of the Parent-Child Relationship) and that the waiver of
interest affidavit has been filed with the court.  Makes conforming
changes.   

SECTION 2.  Amends Section 161.106, Family Code, by adding Subsection (k)
to authorize an alleged father in a suit for termination of the
parent-child relationship to file an affidavit of waiver of interest in a
child.  Authorizes the waiver of interest affidavit to be the basis for
terminating the parental rights of the alleged father.    

SECTION 3.  Amends Section 161.204, Family Code, as follows:

Sec. 161.204.  New title:  TERMINATION BASED ON AFFIDAVIT OF WAIVER OF
INTEREST OR AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS.
Requires, rather than authorizes, the court to render an order terminating
all legal relationships and rights which exist or may exist between a child
and a man who has signed an affidavit of waiver of interest in the child or
an affidavit of voluntary relinquishment of parental rights, if the
termination is in the child's best interest. 

SECTION 4.  Effective date: September 1, 1999.  Provides that this Act
applies to a suit for termination of the parent-child relationship
commenced before, on, or after the effective date of this Act. 

SECTION 5.  Emergency clause.