Relinquishing the Rights of a Child in Texas

Ideally, children grow up and are supported by both of their biological parents. This does not always happen. In circumstances of extreme abuse, neglect or abandonment, parental rights may be terminated involuntarily. In other situations, such as when a spouse remarries or if one parent has absolutely no interest or desire in the child, voluntary termination can be sought. In Texas, the parties must comply with the relevant provisions in the state's family law code.

• 1

  Seek consent of the custodial parent to relinquish parental rights. Both parents have a duty to raise their biological children, so consent is required by both parents to give up parental rights.

• 2

  Draft a sworn statement that complies with the Texas Family Code section 161.103. In the affidavit, you must include the following information: your name, address and age; the name, age and birth date of the child; the names and addresses of the child's guardians; a statement that you do not owe child support; a statement of what the child owns in terms of property; an allegation that the termination is in the best interests of the child and a statement as to whether the relinquishment is revocable or irrevocable.

  Surrender of parental rights is typically in the child's best interests if the other parent remarries and the child's stepfather is seeking adoption rights.

• 3

  File the sworn statement in the Texas family law court that has jurisdiction over the child. Typically, this is the court located in the county where the child lives.