Texas House Bill HB2969

Texas 2023 - 88th Regular

• Filed: 2/28/23
• Out of House Committee: 5/3/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/18/23
• Voted on by Senate: 5/23/23
• Governor Action: 6/11/23

Caption

Relating to prohibiting a maximum age or age differential for prospective adoptive parents.

Impact

The enactment of HB 2969 will reform the current adoption policies in Texas, as there are currently no laws that impose a maximum age limit on prospective adoptive parents. The bill specifically addresses concerns where older individuals experienced discrimination based on age during the adoption process. The legislation not only recognizes the capability of older individuals to provide loving and stable environments for children but also asserts that age should not be a factor in determining parenting ability, fostering a more inclusive approach to adoption.

Summary

House Bill 2969 was introduced to address age discrimination in the adoption process within Texas. The bill prohibits the Department of Family and Protective Services (DFPS) and licensed child-placing agencies from enforcing policies that set a maximum age for prospective adoptive parents or a maximum age differential between the parents and the child. By doing so, it aims to ensure that older prospective parents are not unfairly barred from adopting children simply due to their age. This measure aligns with a broader goal of giving children safe homes by expanding the pool of potential adoptive parents, regardless of age-related factors.

Sentiment

The sentiment surrounding HB 2969 is generally positive, particularly among those who advocate for the rights of older individuals seeking to adopt. Advocates stressed the importance of allowing capable older individuals to provide homes for children, challenging the notion that age should dictate one's ability to parent. However, there were some neutral opinions regarding the necessity for regulations to ensure that child welfare remains a priority, highlighting a balance between open adoption policies and careful considerations of each case.

Contention

Some contention arose during discussions about how age-based policies might affect the welfare of children. While supporters argued that older prospective parents could offer stable homes, others called for caution to ensure that assessments remain thorough and consider factors such as health and expected lifespan when evaluating the best interests of the child. The bill ultimately aims to prevent arbitrary restrictions that may limit parental rights without compromising the standard of care expected in adoption scenarios.

Texas Constitutional Statutes Affected

Family Code

• Chapter 162. Adoption
  • Section: 604
  • Section: 604
  • Section: 604
  • Section: 604
  • Section: 604