General Information

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This guide provides an overview of Texas statutes and other resources available in the library and online on the topic of termination of parental rights. When this process is voluntary, it is often referred to as "relinquishment." A court can also order termination of rights which is involuntary. This is a necessary step before the child can be adopted by another parent.

Texas Law

Chapter 161 of the Texas Family Code governs procedures for both voluntary and involuntary termination of the parent-child relationship.

This subchapter sets out grounds for termination of the parent/child relationship. This subchapter sets out procedures for the termination process. This subchapter governs the hearing for the termination process.

This subchapter sets out procedures for reinstatement of parental rights after an involuntary termination has taken place.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.

General

The library's legal FAQ discusses basic grounds and procedures for termination.

This Child and Protective Services Handbook, published by DFPS, describes the laws and regulations surrounding termination of parental rights in Texas. See sections 5560-65 for information on termination.

This page from TexasLawHelp provides answers to common questions about termination of parental rights.

Answers to frequently asked questions about adoption and termination of parental rights.

Denial/Mistaken Paternity

Provided by Texas Law Help, this resource discusses steps to terminate paternity based on mistaken paternity. It includes forms and instructions.

TexasLawHelp provides this page with basic information about paternity law in Texas. It includes discussion of termination based on mistaken paternity.

This information from TexasLawHelp discusses options when one has mistakenly signed an Acknowledgment or Denial of Paternity or didn’t contest paternity in court. It includes information about and links to legal forms related to this issue.

Forms & Practice Guides

We are often asked for forms for filing a general termination of parental rights case. We are not aware of any online forms for a general termination case, but there may be some online forms for related procedures.

Online Forms

This guide from Texas Law Help includes forms and instructions for filing a case to terminate parental rights based on mistaken paternity.

Ask the court to reinstate your parental rights after they were terminated by the Department of Family and Protective Services (DFPS).

Library Materials

There are no official forms for a general termination of parental rights case, but the library has drafting guides with sample forms and instructions on this procedure.

Some of these titles can be checked out remotely by Texas residents with a current library account. To sign up for an account, see our Get a Library Account page.

See: Volume 4, Objective S - Terminating Parental Rights.
For forms see: Sections S1.100-S1.107, S2.100-S2.101, S4.100-S4.101, and S5.100.

Also see: T3.103, Original Petition for Termination and Adoption by Stepparent, in Volume 4.

Information and forms on the termination process are in Chapter 50 and Chapter 52. Chapter 52 covers termination and adoption proceedings of a stepchild.

Forms for the termination process are in Chapter 10: Suit for Termination.

Suits for termination are covered in Chapter 4, Subchapter H.

Who Can I Contact?

This agency is responsible for amending birth records based on parentage. Their webpage provides detailed instructions for amending a child's birth certificate based on parentage.

This agency is responsible for investigating allegations of child abuse and neglect. One of the possible outcomes of an investigation by this office is eventual termination of parental rights by a court.