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Texas Family Code - Section 161.211. Direct Or Collateral Attack On Termination Order

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 161.211. Direct Or Collateral Attack On Termination Order

§ 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION 
ORDER.  (a) Notwithstanding Rule 329, Texas Rules of Civil 
Procedure, the validity of an order terminating the parental rights 
of a person who has been personally served or who has executed an 
affidavit of relinquishment of parental rights or an affidavit of 
waiver of interest in a child or whose rights have been terminated 
under Section 161.002(b) is not subject to collateral or direct 
attack after the sixth month after the date the order was signed.
	(b)  Notwithstanding Rule 329, Texas Rules of Civil 
Procedure, the validity of an order terminating the parental rights 
of a person who is served by citation by publication is not subject 
to collateral or direct attack after the sixth month after the date 
the order was signed.
	(c)  A direct or collateral attack on an order terminating 
parental rights based on an unrevoked affidavit of relinquishment 
of parental rights or affidavit of waiver of interest in a child is 
limited to issues relating to fraud, duress, or coercion in the 
execution of the affidavit.

Added by Acts 1997, 75th Leg., ch. 600, § 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 601, § 2, eff. Sept. 1, 1997.  Amended 
by Acts 1999, 76th Leg., ch. 1390, § 19, eff. Sept. 1, 1999.

Last modified: August 11, 2007