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Texas Family Code - Section 161.106. Affidavit Of Waiver Of Interest In Child

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 161.106. Affidavit Of Waiver Of Interest In Child

§ 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.              
	(c)  The affidavit shall be:                                                   
		(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, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 561, § 11, eff. Sept. 1, 
1997.

Last modified: August 11, 2007