Texas 2009 - 81st Regular

Texas Senate Bill SB231 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R472 MCK-F
2	2	By: West S.B. No. 231
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a child who has an adjudicated,
8	8	presumed, or acknowledged father.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 102.005, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 102.005. STANDING TO REQUEST TERMINATION AND
13	13	ADOPTION. An original suit requesting only an adoption or for
14	14	termination of the parent-child relationship joined with a petition
15	15	for adoption may be filed by:
16	16	(1) a stepparent of the child;
17	17	(2) an adult who, as the result of a placement for
18	18	adoption, has had actual possession and control of the child at any
19	19	time during the 30-day period preceding the filing of the petition;
20	20	(3) an adult who has had actual possession and control
21	21	of the child for not less than two months during the three-month
22	22	period preceding the filing of the petition;
23	23	(4) an adult who has adopted, or is the foster parent
24	24	of and has petitioned to adopt, a sibling of the child; [or]
25	25	(5) another adult whom the court determines to have
26	26	had substantial past contact with the child sufficient to warrant
27	27	standing to do so; or
28	28	(6) a man who alleges to be the biological father of
29	29	the child under Section 162.026.
30	30	SECTION 2. Section 162.001(b), Family Code, is amended to
31	31	read as follows:
32	32	(b) A child residing in this state may be adopted if:
33	33	(1) the parent-child relationship as to each living
34	34	parent of the child has been terminated or a suit for termination is
35	35	joined with the suit for adoption;
36	36	(2) the parent whose rights have not been terminated
37	37	is presently the spouse of the petitioner and the proceeding is for
38	38	a stepparent adoption;
39	39	(3) the child is at least two years old, the
40	40	parent-child relationship has been terminated with respect to one
41	41	parent, the person seeking the adoption has been a managing
42	42	conservator or has had actual care, possession, and control of the
43	43	child for a period of six months preceding the adoption or is the
44	44	child's former stepparent, and the nonterminated parent consents to
45	45	the adoption; [or]
46	46	(4) the child is at least two years old, the
47	47	parent-child relationship has been terminated with respect to one
48	48	parent, and the person seeking the adoption is the child's former
49	49	stepparent and has been a managing conservator or has had actual
50	50	care, possession, and control of the child for a period of one year
51	51	preceding the adoption; or
52	52	(5) the child has an adjudicated, presumed, or
53	53	acknowledged father who has executed an irrevocable affidavit of
54	54	voluntary relinquishment of parental rights with regard to the
55	55	child, the affidavit of voluntary relinquishment designates the
56	56	person seeking the adoption as a prospective adoptive parent of the
57	57	child, and the person seeking the adoption alleges that the person
58	58	is the biological father of the child.
59	59	SECTION 3. Subchapter A, Chapter 162, Family Code, is
60	60	amended by adding Section 162.026 to read as follows:
61	61	Sec. 162.026. ADOPTION OF CHILD WITH ADJUDICATED, PRESUMED,
62	62	OR ACKNOWLEDGED FATHER. (a) A man who alleges to be the biological
63	63	father of a child may file a petition for adoption of the child
64	64	under Section 162.001(b)(5).
65	65	(b) The mother of the child must join in the petition for
66	66	adoption.
67	67	(c) The petition for adoption under this section must:
68	68	(1) allege that the petitioner is the biological
69	69	father of the child;
70	70	(2) request the termination of the parental rights of
71	71	the adjudicated, presumed, or acknowledged father; and
72	72	(3) include an affidavit verifying the matters alleged
73	73	in the petition, except for matters alleged on information and
74	74	belief.
75	75	(d) In a suit for adoption under this section, the court
76	76	shall order the child and the petitioner to submit to genetic
77	77	testing. Genetic testing under this section must comply with the
78	78	requirements of Subchapter F, Chapter 160.
79	79	(e) If the results of genetic testing rebuttably identify
80	80	the petitioner as the biological father of the child in accordance
81	81	with Section 160.505 and the court makes separate findings required
82	82	by Section 162.016, the court shall render an order:
83	83	(1) terminating the parent-child relationship between
84	84	the adjudicated, acknowledged, or presumed father and the child;
85	85	and
86	86	(2) granting the adoption of the child by the
87	87	petitioner.
88	88	(f) On rendering an order under Subsection (e), the court
89	89	shall vacate any order of support under which the adjudicated,
90	90	acknowledged, or presumed father was the obligor, except that
91	91	arrearages owed under an order at the time of the termination of the
92	92	parent-child relationship remain subject to enforcement under this
93	93	subtitle.
94	94	SECTION 4. This Act takes effect September 1, 2009.