FastLaws: 2004 Texas Family Code, Sec. 161.106. Affidavit of Waiver of Interest in Child.

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Baker's Texas Family Code Handbook includes the full text of the Texas Family Code as amended through the 79th Session of the Texas Legislature, and contains almost 11,000 case notes from reported Texas court decisions, constuting a one-volume annotated Texas Family Code. For more information see the Baker's Texas Family Code Handbook information page. The 2006 Edition of Baker's Texas Family Code Handbook contains 1,106 case notes under Chapter 161. Use our order form to place your order today.

No amendments to this provision were enacted at the 79th Regular Session of the Texas Legisature (2005).

2004 Texas Family Code

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

SUBCHAPTER B. PROCEDURES

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Sec. 161.106. Affidavit of Waiver of Interest in Child.

(a) A man may sign an affidavit disclaiming any interest in a child and waiving notice or the service of citation in any suit filed or to be filed affecting the parent-child relationship with respect to the child.

(b) The affidavit may be signed before the birth of the child.

(1) signed by the man, whether or not a minor;

(2) witnessed by two credible persons; and

(3) verified before a person authorized to take oaths.

(d) The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child.

(e) An affidavit of waiver of interest in a child may be used in a suit in which the affiant attempts to establish an interest in the child. The affidavit may not be used in a suit brought by another person, licensed child-placing agency, or authorized agency to establish the affiant's paternity of the child.

(f) A waiver in an affidavit under this section that designates the Department of Protective and Regulatory Services or a licensed child-placing agency to serve as the managing conservator is irrevocable. A waiver in any other affidavit under this section is revocable unless it expressly provides that it is irrevocable for a stated period not to exceed 60 days after the date of execution.

(g) A waiver in an affidavit under this section that fails to state that the waiver is irrevocable for a stated time is revocable as provided by Section 161.1035.

(h) An affidavit under this section that contains a waiver that is revocable must contain:

(1) a statement in boldfaced type concerning the right of the person who executed the affidavit to revoke the affidavit only if the revocation is made before the 11th day after the date the affidavit is executed; and

(2) the name and address of the person to whom the revocation is to be delivered.

(i) A copy of the affidavit shall be provided to the person who executed the affidavit at the time the person signs the affidavit.

(j) To revoke a waiver, the person who executed the affidavit 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 of waiver of interest in a child. If a person attempting to revoke an affidavit under this subsection has knowledge that a suit for termination of the parent-child relationship based on the person's waiver of interest in a child has been filed, the person shall file a copy of the revocation with the clerk of the court.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 11, eff. Sept. 1, 1997.

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