HBA-SEB H.B. 1006 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1006 By: West, George Juvenile Justice and Family Issues 3/11/1999 Introduced BACKGROUND AND PURPOSE Currently, the Family Code provides for a father's waiver of interest in a child and voluntary relinquishment of parental rights. Courts have used waivers of interest as a basis for terminating fathers' parental rights. Some courts may see the statute regarding the waiver of interest to be an authorization to use it as a basis for termination of parental rights, rather than a requirement, and therefore revert to a separate statute (Section 161.103, Family Code) regarding voluntary relinquishment of parental rights. Section 161.103 applies to either parent and states that a person's parental rights may be relinquished only if an affidavit to that effect is signed no sooner than 48 hours after the child's birth. Obtaining a parent's signature 48 hours after the child's birth may prove difficult. H.B. 1006 requires a court to terminate a fathers's parental rights based on either a waiver of interest in the child or a voluntary relinquishment of parental rights. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 161.105(b), Family Code, to include an option in the content requirements of an affidavit under this section (Affidavit of Status of Child), which states that a child has no presumed father. Provides that the affidavit contain information about an alleged father, including, if applicable, a statement that an alleged father has executed an affidavit of waiver of interest in the child under this chapter (Termination of the Parent-Child Relationship) and that the waiver of interest affidavit has been filed with the court. Makes conforming changes. SECTION 2. Amends Section 161.106, Family Code, by adding Subsection (k) to authorize an alleged father in a suit for termination of the parent-child relationship to file an affidavit of waiver of interest in a child. Authorizes the waiver of interest affidavit to be the basis for terminating the parental rights of the alleged father. SECTION 3. Amends Section 161.204, Family Code, as follows: Sec. 161.204. New title: TERMINATION BASED ON AFFIDAVIT OF WAIVER OF INTEREST OR AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS. Requires, rather than authorizes, the court to render an order terminating all legal relationships and rights which exist or may exist between a child and a man who has signed an affidavit of waiver of interest in the child or an affidavit of voluntary relinquishment of parental rights, if the termination is in the child's best interest. SECTION 4. Effective date: September 1, 1999. Provides that this Act applies to a suit for termination of the parent-child relationship commenced before, on, or after the effective date of this Act. SECTION 5. Emergency clause.