Sec. 102.005.STANDING TO REQUEST TERMINATION AND
ADOPTION. An original suit requesting only an adoption or for
termination of the parent-child relationship joined with a petition
for a stepparent of the child;
(2)an adult who, as the result of a placement for
adoption, has had actual possession and control of the child at any
time during the 30-day period preceding the filing of the petition;
(3)an adult who has had actual possession and control
of the child for not less than two months during the three-month
period preceding the filing of the petition;
(4)an adult who has adopted, or is the foster parent
of and has petitioned to adopt, a sibling of the child; or
(5)another adult whom the court determines to have
had substantial past contact with the child sufficient to warrant
standing to do so.
(b)The change in law made by this section applies only to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act.A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 3(a), eff.
September 1, 2007.
Sec.A102.006.LIMITATIONS ON STANDING.A (a)Except as
provided by Subsections (b) and (c), if the parent-child
relationship between the child and every living parent of the child
has been terminated, an original suit may not be filed by:
(1)a former parent whose parent-child relationship
with the child has been terminated by court order;
(2)the father of the child;or
(3)a family member or relative by blood, adoption, or
marriage of either a former parent whose parent-child relationship
has been terminated or of the father of the child.
(b)The limitations on filing suit imposed by this section
do not apply to a person who:
(1)has a continuing right to possession of or access
to the child under an existing court order; or
(2)has the consent of the child ’s managing
conservator, guardian, or legal custodian to bring the suit.
(c)The limitations on filing suit imposed by this section
do not apply to an adult sibling of the child, a grandparent of the
child, an aunt who is a sister of a parent of the child, or an uncle
who is a brother of a parent of the child if the adult sibling,
grandparent, aunt, or uncle files an original suit or a suit for
modification requesting managing conservatorship of the child not
later than the 90th day after the date the parent-child
relationship between the child and the parent is terminated in a
suit filed by the Department of Family and Protective Services
requesting the termination of the parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.08, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 866, Sec. 1, eff. June 15,
2007.
ADOPTION. An original suit requesting only an adoption or for
termination of the parent-child relationship joined with a petition
for a stepparent of the child;
(2)an adult who, as the result of a placement for
adoption, has had actual possession and control of the child at any
time during the 30-day period preceding the filing of the petition;
(3)an adult who has had actual possession and control
of the child for not less than two months during the three-month
period preceding the filing of the petition;
(4)an adult who has adopted, or is the foster parent
of and has petitioned to adopt, a sibling of the child; or
(5)another adult whom the court determines to have
had substantial past contact with the child sufficient to warrant
standing to do so.
(b)The change in law made by this section applies only to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act.A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 3(a), eff.
September 1, 2007.
Sec.A102.006.LIMITATIONS ON STANDING.A (a)Except as
provided by Subsections (b) and (c), if the parent-child
relationship between the child and every living parent of the child
has been terminated, an original suit may not be filed by:
(1)a former parent whose parent-child relationship
with the child has been terminated by court order;
(2)the father of the child;or
(3)a family member or relative by blood, adoption, or
marriage of either a former parent whose parent-child relationship
has been terminated or of the father of the child.
(b)The limitations on filing suit imposed by this section
do not apply to a person who:
(1)has a continuing right to possession of or access
to the child under an existing court order; or
(2)has the consent of the child ’s managing
conservator, guardian, or legal custodian to bring the suit.
(c)The limitations on filing suit imposed by this section
do not apply to an adult sibling of the child, a grandparent of the
child, an aunt who is a sister of a parent of the child, or an uncle
who is a brother of a parent of the child if the adult sibling,
grandparent, aunt, or uncle files an original suit or a suit for
modification requesting managing conservatorship of the child not
later than the 90th day after the date the parent-child
relationship between the child and the parent is terminated in a
suit filed by the Department of Family and Protective Services
requesting the termination of the parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.08, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 866, Sec. 1, eff. June 15,
2007.
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