There are several options to terminate a person’s parental rights – both involuntarily and voluntarily.  One way for a parent to begin the process of voluntarily relinquishing his/her rights is by having an Affidavit of Voluntary Relinquishment of Parental Rights (“Affidavit”) signed by the parent relinquishing his/her rights.   A singed Affidavit of Voluntary Relinquishment of Parental Rights gives grounds for the termination of the parental rights.  The parental rights are not terminated until a court of competent jurisdiction enters an order terminating a person’s parental rights.

The Affidavit must conform to Texas Family Code Section 161.103.  The code section is provided below.

Sec. 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 Protective and Regulatory 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 Protective and Regulatory 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.

(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, Sec. 5, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1412, Sec. 1, eff. September 1, 2007.

Texas Constitution and Statutes Website