Sec. 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, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 601, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 19, eff. Sept. 1, 1999.
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
Subchapter C. Hearing and Order
Section 161.2011. Continuance; Access to Child
Section 161.202. Preferential Setting
Section 161.2021. Medical History Report
Section 161.203. Dismissal of Petition
Section 161.204. Termination Based on Affidavit of Waiver of Interest
Section 161.205. Order Denying Termination
Section 161.206. Order Terminating Parental Rights
Section 161.2061. Terms Regarding Limited Post-Termination Contact
Section 161.2062. Provision for Limited Contact Between Biological Parent and Child
Section 161.207. Appointment of Managing Conservator on Termination
Section 161.208. Appointment of Department of Family and Protective Services as Managing Conservator
Section 161.2081. Notice of Termination for Certain Relatives
Section 161.209. Copy of Order of Termination
Section 161.210. Sealing of File
Section 161.211. Direct or Collateral Attack on Termination Order