Tex. Fam. Code § 161.001

TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS CHAPTER 161 • TERMINATION OF THE PARENT-CHILD RELATIONSHIP Subchapter A: GROUNDS FAMILY CODE > 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 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD RELATIONSHIP. (a) In this section, "born addicted to alcohol or a controlled substance" means a child: (1) who is born to a mother who during the pregnancy used a controlled substance, as defined by Chapter 481, Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol; and (2) who, after birth as a result of the mother's use of the controlled substance or alcohol: (A) experiences observable withdrawal from the alcohol or controlled substance; (B) exhibits observable or harmful effects in the child's physical appearance or functioning; or (C) exhibits the demonstrable presence of alcohol or a controlled substance in the child's bodily fluids. (b) The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence: (1) that the parent has: (A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return; (B) voluntarily left the child alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child, and remained away for a period of at least three months; (C) voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least riod of at least three months; (C) voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months; (D) knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child; (E) engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child; (F) failed to support the child in accordance with the parent's ability during a period of one year ending within six months of the date of the filing of the petition; (G) abandoned the child without identifying the child or furnishing means of identification, and the child's identity cannot be ascertained by the exercise of reasonable diligence; (H) voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth; (I) contumaciously refused to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261; (J) been the major cause of: (i) the failure of the child to be enrolled in school as required by the Education Code; or (ii) the child's absence from the child's home without the consent of the parents or guardian for a substantial length of time or without the intent to return; (K) executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by this chapter; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by this chapter; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS (L) been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of the Penal Code, or under a law of another jurisdiction that contains elements that are substantially similar to the elements of an offense under one of the following Penal Code sections, or adjudicated under Title 3 for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following Penal Code sections: (i) Section 19.02 (murder); (ii) Section 19.03 (capital murder); (iii) Section 19.04 (manslaughter); (iv) Section 21.11 (indecency with a child); (v) Section 22.01 (assault); (vi) Section 22.011 (sexual assault); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (x) Section 22.041 (abandoning or endangering a child, elderly individual, or disabled individual); (xi) Section 25.02 (prohibited sexual conduct); (xii) Section 43.25 (sexual performance by a child); (xiii) Section 43.26 (possession or promotion of child pornography); (xiv) Section 21.02 (continuous sexual abuse of young child or disabled individual); (xv) Section 20A.02(a)(7) or (8) (trafficking of persons); and (xvi) Section 43.05(a)(2) (compelling prostitution); (M) had his or her parent-child relationship terminated with respect to another child based on a finding that the parent's conduct was in violation of Paragraph (D) or (E) or substantially equivalent provisions of the law of another state; (N) constructively aband ct to another child based on a finding that the parent's conduct was in violation of Paragraph (D) or (E) or substantially equivalent provisions of the law of another state; (N) constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months, and: (i) the department has made reasonable efforts to return the child to the parent; (ii) the parent has not regularly visited or maintained significant contact with the child; and (iii) the parent has demonstrated an inability to provide the child with a safe environment; (O) used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child, and: (i) failed to complete a court-ordered substance abuse treatment program; or (ii) after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance; (P) knowingly engaged in criminal conduct that has resulted in the parent's: (i) conviction of an offense; and (ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition; (Q) been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription; (R) voluntarily delivered the child to a designated emergency infant care provider under Section 262.302 without expressing an intent to return for the child; (S) been convicted of: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS (i) the murder of the other parent of the child under Section 19.02 or 19.03, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially si ction 19.02 or 19.03, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 19.02 or 19.03, Penal Code; (ii) criminal attempt under Section 15.01, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 15.01, Penal Code, to commit the offense described by Subparagraph (i); (iii) criminal solicitation under Section 15.03, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 15.03, Penal Code, of the offense described by Subparagraph (i); or (iv) the sexual assault of the other parent of the child under Section 22.011 or 22.021, Penal Code, or under a law of another state, federal law, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 22.011 or 22.021, Penal Code; (T) been placed on community supervision, including deferred adjudication community supervision, or another functionally equivalent form of community supervision or probation, for being criminally responsible for the sexual assault of the other parent of the child under Section 22.011 or 22.021, Penal Code, or under a law of another state, federal law, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 22.011 or 22.021, Penal Code; or (U) been convicted of: (i) criminal solicitation of a minor under Section 15.031, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uni , Penal Code; or (U) been convicted of: (i) criminal solicitation of a minor under Section 15.031, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 15.031, Penal Code; or (ii) online solicitation of a minor under Section 33.021, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 33.021, Penal Code; and (2) that termination is in the best interest of the child. (c) Evidence of one or more of the following does not constitute clear and convincing evidence sufficient for a court to make a finding under Subsection (b) and order termination of the parent-child relationship: (1) the parent homeschooled the child; (2) the parent is economically disadvantaged; (3) the parent has been charged with a nonviolent misdemeanor offense other than: (A) an offense under Title 5, Penal Code; (B) an offense under Title 6, Penal Code; or (C) an offense that involves family violence, as defined by Section 71.004 of this code; (4) the parent provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169, Occupations Code; (5) the parent declined immunization for the child for reasons of conscience, including a religious belief; (6) the parent sought an opinion from more than one medical provider relating to the child's medical care, transferred the child's medical care to a new medical provider, or transferred the child to another health care facility; (7) the parent allowed the child to engage in independent activities that are appropriate and typical for the child's level of maturity, physical condition, developmental abilities, or culture; (8) the parent refused t ed the child to engage in independent activities that are appropriate and typical for the child's level of maturity, physical condition, developmental abilities, or culture; (8) the parent refused to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, unless the refusal: (A) presents a substantial risk of death, disfigurement, or bodily injury to the child; or Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS (B) results in an observable and material impairment to the growth, development, or functioning of the child; or (9) the parent chose a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard, unless the treatment or therapy: (A) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (B) results in an observable and material impairment to the growth, development, or functioning of the child. (d) A court may not order termination under Subsection (b)(1)(O) based on the failure by the parent to comply with a specific provision of a court order if a parent proves by a preponderance of evidence that: (1) the parent was unable to comply with specific provisions of the court order; and (2) the parent made a good faith effort to comply with the order and the failure to comply with the order is not attributable to any fault of the parent. (d-1) The court may not order termination under Subsection (b)(1)(M) unless the petition for the termination of the parent-child relationship is filed not later than the first anniversary of the date the department or an equivalent agency in another state was granted managing conservatorship of a child in the case that resulted in the termination of the parent-child relationship with respect to that chi rtment or an equivalent agency in another state was granted managing conservatorship of a child in the case that resulted in the termination of the parent-child relationship with respect to that child based on a finding that the parent's conduct violated Subsection (b)(1)(D) or (E) or substantially equivalent provisions of the law of another state. (e) This section does not prohibit the Department of Family and Protective Services from offering evidence described by Subsection (c) as part of an action to terminate the parent-child relationship under this subchapter. (f) In a suit for termination of the parent-child relationship filed by the Department of Family and Protective Services, the court may not order termination of the parent-child relationship under Subsection (b)(1) unless the court finds by clear and convincing evidence and describes in writing with specificity in a separate section of the order that: (1) the department made reasonable efforts to return the child to the parent before commencement of a trial on the merits and despite those reasonable efforts, a continuing danger remains in the home that prevents the return of the child to the parent; or (2) reasonable efforts to return the child to the parent, including the requirement for the department to provide a family service plan to the parent, have been waived under Section 262.2015. (g) In a suit for termination of the parent-child relationship filed by the Department of Family and Protective Services in which the department made reasonable efforts to return the child to the child's home but a continuing danger in the home prevented the child's return, the court shall include in a separate section of its order written findings describing with specificity the reasonable efforts the department made to return the child to the child's home. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 709, Sec. 1, eff. Sept. 1, 1995; Acts partment made to return the child to the child's home. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 709, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 65, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 9, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 60, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1087, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 508 (H.B. 657), Sec. 2, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.30, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 86 (S.B. 1838), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.02, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.078, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 11, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 40 (S.B. 77), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 12, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 3, eff. September 1, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS Acts 2021, 87th Leg., R.S., Ch. 29 (H.B. 2536), Sec. 1, eff. May 15, 2021. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.17, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 831 (H.B. 2924), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 728 (H.B. 2658), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.002, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 5, eff. Septem (H.B. 2658), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.002, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 5, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 211 (H.B. 116), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 215 (H.B. 1151), Sec. 1, eff. September 1, 2025. Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED BIOLOGICAL FATHER. (a) Except as otherwise provided by this section, the procedural and substantive standards for termination of parental rights apply to the termination of the rights of an alleged father. (b) The rights of an alleged father may be terminated if: (1) after being served with citation, he does not respond by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160; (2) the child is over one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed, he has not registered with the paternity registry under Chapter 160, and after the exercise of due diligence by the petitioner: (A) his identity and location are unknown; or (B) his identity is known but he cannot be located; (3) the child is under one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed and he has not registered with the paternity registry under Chapter 160; or (4) he has registered with the paternity registry under Chapter 160, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(2), eff. April 2, 2015. (c-1) The termination of the rights of an alleged father under Subsection (b)(2) or (3) rendered on or after January 1, 2008, does not require personal service of Sec. 1.203(2), eff. April 2, 2015. (c-1) The termination of the rights of an alleged father under Subsection (b)(2) or (3) rendered on or after January 1, 2008, does not require personal service of citation or citation by publication on the alleged father, and there is no requirement to identify or locate an alleged father who has not registered with the paternity registry under Chapter 160. (d) The termination of rights of an alleged father under Subsection (b)(4) does not require service of citation by publication on the alleged father. (e) The court shall not render an order terminating parental rights under Subsection (b)(2) or (3) unless the court receives evidence of a certificate of the results of a search of the paternity registry under Chapter 160 from the vital statistics unit indicating that no man has registered the intent to claim paternity. (f) The court shall not render an order terminating parental rights under Subsection (b)(4) unless the court, after reviewing the petitioner's sworn affidavit describing the petitioner's effort to obtain personal service of citation on the alleged father and considering any evidence submitted by the attorney ad litem for the alleged father, has found that the petitioner exercised due diligence in attempting to obtain service on the alleged father. The order shall contain specific findings regarding the exercise of due diligence of the petitioner. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 66, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.16, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 2001. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 4, eff. September 1, 20 nline (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 4, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.079, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(2), eff. April 2, 2015. Sec. 161.003. INVOLUNTARY TERMINATION: INABILITY TO CARE FOR CHILD. (a) The court may order termination of the parent-child relationship in a suit filed by the Department of Family and Protective Services if the court finds that: (1) the parent has a mental or emotional illness or a mental deficiency that renders the parent unable to provide for the physical, emotional, and mental needs of the child; (2) the illness or deficiency, in all reasonable probability, proved by clear and convincing evidence, will continue to render the parent unable to provide for the child's needs until the 18th birthday of the child; (3) the department has been the temporary or sole managing conservator of the child of the parent for at least six months preceding the date of the hearing on the termination held in accordance with Subsection (c); (4) the department has made reasonable efforts to return the child to the parent; and (5) the termination is in the best interest of the child. (b) Immediately after the filing of a suit under this section, the court shall appoint an attorney ad litem to represent the interests of the parent against whom the suit is brought. (c) A hearing on the termination may not be held earlier than 180 days after the date on which the suit was filed. (d) An attorney appointed under Subsection (b) shall represent the parent for the duration of the suit unless the parent, with the permission of the court, retains another attorney. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 67, eff. Sept. 1, 1995; Acts 2001, 77th Leg. f the court, retains another attorney. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 67, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 496, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1090, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.080, eff. April 2, 2015. Sec. 161.004. TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF PRIOR PETITION TO TERMINATE. (a) The court may terminate the parent-child relationship after rendition of an order that previously denied termination of the parent-child relationship if: (1) the petition under this section is filed after the date the order denying termination was rendered; (2) the circumstances of the child, parent, sole managing conservator, possessory conservator, or other party affected by the order denying termination have materially and substantially changed since the date that the order was rendered; (3) the parent committed an act listed under Section 161.001 before the date the order denying termination was rendered; and (4) termination is in the best interest of the child. (b) At a hearing under this section, the court may consider evidence presented at a previous hearing in a suit for termination of the parent-child relationship of the parent with respect to the same child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A parent may file a suit for termination of the petitioner's parent-child relationship. Except as provided by Subsection (h), the court may order termination if termination is in the best interest of the child. (b) If the petition designates the Department of Family and Protective Services as managing conservator, the department shall be given service of citation. The court shall notify the department if the court appoints the department as the managing conservator of the child. es as managing conservator, the department shall be given service of citation. The court shall notify the department if the court appoints the department as the managing conservator of the child. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS (c) Subject to Subsection (d), a man may file a suit for termination of the parent-child relationship between the man and a child if, without obtaining genetic testing, the man signed an acknowledgment of paternity of the child in accordance with Subchapter D, Chapter 160, or was adjudicated to be the father of the child in a previous proceeding under this title in which genetic testing did not occur. The petition must be verified and must allege facts showing that the petitioner: (1) is not the child's genetic father; and (2) signed the acknowledgment of paternity or failed to contest parentage in the previous proceeding because of the mistaken belief, at the time the acknowledgment was signed or on the date the court order in the previous proceeding was rendered, that he was the child's genetic father based on misrepresentations that led him to that conclusion. (d) A man may not file a petition under Subsection (c) if: (1) the man is the child's adoptive father; (2) the child was conceived by assisted reproduction and the man consented to assisted reproduction by his wife under Subchapter H, Chapter 160; or (3) the man is the intended father of the child under a gestational agreement validated by a court under Subchapter I, Chapter 160. (e) A petition under Subsection (c) must be filed not later than the second anniversary of the date on which the petitioner becomes aware of the facts alleged in the petition indicating that the petitioner is not the child's genetic father. (e-1) Expired. (f) In a proceeding initiated under Subsection (c), the court shall hold a pretrial hearing to determine whether the p ndicating that the petitioner is not the child's genetic father. (e-1) Expired. (f) In a proceeding initiated under Subsection (c), the court shall hold a pretrial hearing to determine whether the petitioner has established a meritorious prima facie case for termination of the parent-child relationship. If a meritorious prima facie claim is established, the court shall order the petitioner and the child to submit to genetic testing under Subchapter F, Chapter 160. (g) If the results of genetic testing ordered under Subsection (f) identify the petitioner as the child's genetic father under the standards prescribed by Section 160.505 and the results of any further testing requested by the petitioner and ordered by the court under Subchapter F, Chapter 160, do not exclude the petitioner as the child's genetic father, the court shall deny the petitioner's request for termination of the parent-child relationship. (h) If the results of genetic testing ordered under Subsection (f) exclude the petitioner as the child's genetic father, the court shall render an order terminating the parent-child relationship. (i) An order under Subsection (h) terminating the parent-child relationship ends the petitioner's obligation for future support of the child as of the date the order is rendered, as well as the obligation to pay interest that accrues after that date on the basis of a child support arrearage or money judgment for a child support arrearage existing on that date. The order does not affect the petitioner's obligations for support of the child incurred before that date. Those obligations are enforceable until satisfied by any means available for the enforcement of child support other than contempt. (j) An order under Subsection (h) terminating the parent-child relationship does not preclude: (1) the initiation of a proceeding under Chapter 160 to adjudicate whether another man is the child's parent; or (2) if the other man subject to a proceeding under Sub elationship does not preclude: (1) the initiation of a proceeding under Chapter 160 to adjudicate whether another man is the child's parent; or (2) if the other man subject to a proceeding under Subdivision (1) is adjudicated as the child's parent, the rendition of an order requiring that man to pay child support for the child under Chapter 154, subject to Subsection (k). (k) Notwithstanding Section 154.131, an order described by Subsection (j)(2) may not require the other man to pay retroactive child support for any period preceding the date on which the order under Subsection (h) terminated the parent-child relationship between the child and the man seeking termination under this section. (l) At any time before the court renders an order terminating the parent-child relationship under Subsection (h), the petitioner may request that the court also order periods of possession of or access to the child by the petitioner following termination of the parent-child relationship. If requested, the court may order periods of possession of or access to the child only if the court determines that denial of periods of possession of or access to the child would significantly impair the child's physical health or emotional well-being. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS (m) The court may include provisions in an order under Subsection (l) that require: (1) the child or any party to the proceeding to participate in counseling with a mental health professional who: (A) has a background in family therapy; and (B) holds a professional license that requires the person to possess at least a master's degree; and (2) any party to pay the costs of the counseling described by Subdivision (1). (n) Notwithstanding Subsection (m)(1), if a person who possesses the qualifications described by that subdivision is not available in the county in which the court is described by Subdivision (1). (n) Notwithstanding Subsection (m)(1), if a person who possesses the qualifications described by that subdivision is not available in the county in which the court is located, the court may require that the counseling be conducted by another person the court considers qualified for that purpose. (o) During any period of possession of or access to the child ordered under Subsection (l) the petitioner has the rights and duties specified by Section 153.074, subject to any limitation specified by the court in its order. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 68, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 54 (S.B. 785), Sec. 2, eff. May 12, 2011. Acts 2013, 83rd Leg., R.S., Ch. 227 (H.B. 154), Sec. 1, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.081, eff. April 2, 2015. Sec. 161.006. TERMINATION AFTER ABORTION. (a) A petition requesting termination of the parent-child relationship with respect to a parent who is not the petitioner may be granted if the child was born alive as the result of an abortion. (b) In this code, "abortion" has the meaning assigned by Section 245.002, Health and Safety Code. (c) The court or the jury may not terminate the parent-child relationship under this section with respect to a parent who: (1) had no knowledge of the abortion; or (2) participated in or consented to the abortion for the sole purpose of preventing the death of the mother. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 2, eff. September 1, 2017. Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM CRIMINAL ACT. (a) Except as provided by Subsection (b), the court shall order the termination of the parent-child relationship of a parent and a child if the court finds by clear and convincing evidence that: (1) the cept as provided by Subsection (b), the court shall order the termination of the parent-child relationship of a parent and a child if the court finds by clear and convincing evidence that: (1) the parent has engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code; (2) as a direct result of the conduct described by Subdivision (1), the victim of the conduct became pregnant with the parent's child; and (3) termination is in the best interest of the child. (b) If, for the two years after the birth of the child, the parent was married to or cohabiting with the other parent of the child, the court may order the termination of the parent-child relationship of the parent and the child if the court finds that: (1) the parent has been convicted of an offense committed under Section 21.02, 22.011, 22.021, or 25.02, Penal Code; (2) as a direct result of the commission of the offense by the parent, the other parent became pregnant with the child; and (3) termination is in the best interest of the child. Added by Acts 1997, 75th Leg., ch. 561, Sec. 8, eff. Sept. 1, 1997. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 161, Subchapter A — GROUNDS Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.31, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 907 (H.B. 1228), Sec. 4, eff. September 1, 2013. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9