Sec. 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 the Department of Family and Protective Services to establish the affiant's paternity of the child.
(f) A waiver in an affidavit under this section is irrevocable.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(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(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 13, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.084, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 161 - Termination of the Parent-Child Relationship
Section 161.101. Petition Allegations; Petition and Motion Requirements
Section 161.102. Filing Suit for Termination Before Birth
Section 161.103. Affidavit of Voluntary Relinquishment of Parental Rights
Section 161.1031. Medical History Report
Section 161.1035. Revocability of Certain Affidavits
Section 161.104. Rights of Designated Managing Conservator Pending Court Appointment
Section 161.106. Affidavit of Waiver of Interest in Child
Section 161.107. Missing Parent or Relative
Section 161.108. Release of Child From Hospital or Birthing Center
Section 161.109. Requirement of Paternity Registry Certificate