Texas Relinquishment, Consent, Revocation laws

Who Must Consent:

• The managing conservator.
  
• If a parent of the child is presently the spouse of the petitioner, he must join in the petition for adoption.
  

Consent of Adoptee:

A child 12 years or older must consent, unless court finds it in the child's best interest to waive consent.

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When Parental Consent is Not Needed:

• Parent unable to care for child due to mental illness.
  
• Has voluntarily terminated parental rights.
  
• After an abortion where the child survives.
  
• A person is convicted of a crime resulting in the birth of a child.
  
• Rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse and neglect.
  
  

When Relinquishment Can Be Signed:

• The birth mother may consent no sooner than 48 hours after the birth.
  
• A man may sign an affidavit disclaiming any interest at any time before or after the birth.
  

How Relinquishment Must Be Signed:

A consent must be signed by the parent, whether or not a minor, witnessed by 2 credible witnesses, and verified by a person authorized to take oaths.

Time for Revocation:

• An affidavit of relinquishment that fails to state that it is irrevocable can be revoked for up to 11 days after signing.
  
• On the 11th day, consent becomes irrevocable.
  
• Any time before an order granting an adoption, consent may be revoked by filing a signed revocation.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.