Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 102. FILING SUIT
Texas Codes

Tex. Fam. Code § 102.0035 (2026)

Statement To Confer Standing

✓ current as of May 2026
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Sec. 102.0035. STATEMENT TO CONFER STANDING. (a) A pregnant woman or a parent of a child may execute a statement to confer standing to a prospective adoptive parent as provided by this section to assert standing under Section 102.003(a)(13). A statement to confer standing under this section may not be executed in a suit brought by a governmental entity under Chapter 262 or 263.

(b) A statement to confer standing must contain:

(1) the signature, name, age, and address of the person named as a prospective adoptive parent;

(2) the signature, name, age, and address of the pregnant woman or of the parent of the child who is consenting to the filing of a petition for adoption or to terminate the parent-child relationship as described by Subsection (a);

(3) the birth date of the child or the anticipated birth date if the child has not been born; and

(4) the name of the county in which the suit will be filed.

(c) The statement to confer standing must be attached to the petition in a suit affecting the parent-child relationship. The statement may not be used for any purpose other than to confer standing in a proceeding for adoption or to terminate the parent-child relationship.

(d) A statement to confer standing may be signed at any time during the pregnancy of the mother of the unborn child whose parental rights are to be terminated.

(e) A statement to confer standing is not required in a suit brought by a person who has standing to file a suit affecting the parent-child relationship under Sections 102.003(a)(1)-(12) and (14) or any other law under which the person has standing to file a suit.

(f) A person who executes a statement to confer standing may revoke the statement at any time before the person executes an affidavit for voluntary relinquishment of parental rights. The revocation of the statement must be in writing and must be sent by certified mail, return receipt requested, to the prospective adoptive parent.

(g) On filing with the court proof of the delivery of the revocation of a statement to confer standing under Subsection (f), the court shall dismiss any suit affecting the parent-child relationship filed by the prospective adoptive parent named in the statement.

Added by Acts 2003, 78th Leg., ch. 37, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 402 (H.B. 2350), Sec. 2, eff. September 1, 2025.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2008–2025 · leading case: In Re Smith, 262 S.W.3d 463 (Tex. App. 2008).
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In Re Smith, 262 S.W.3d 463 (Tex. App. 2008). “” Tex. Fam.Code Ann. § 102.0035(a) (Vernon Supp.”
in Re K.K.C., 292 S.W.3d 788 (Tex. App. 2009). · cites it 2× “See Tex. Fam. Code Ann. §§ 102.0035 , 102.004(a) (Vernon 2008).”
In the Interest of M.K.S.-V., 301 S.W.3d 460 (Tex. App. 2009). · cites it 2× “) (citing to Texas Family Code sections 102.0035 and 102.”
In Re Kkc, 292 S.W.3d 788 (Tex. App. 2009). “Because I cannot agree with the majority's interpretation of this statute, I respectfully dissent.”
In Re Mks, 301 S.W.3d 460 (Tex. App. 2010). · cites it 2× “) (citing to Texas Family Code sections 102.0035 and 102.”
in Re Joseph Andre Davis (Tex. App. 2015). · cites it 3× “has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date Tex. Fam. Code § 102.0035. of the filing of the petition; STATEMENT TO CONFER STANDING.”
Cassandra Lewis v. the State of Texas (Tex. App. 2025). “5 See TEX. FAM. CODE ANN. § 102.0035(c). 6 Visitations were to be supervised by Lewis’s sister, Shyla Lewis.”
In Re Mks, 294 S.W.3d 341 (Tex. App. 2009). · cites it 2× “) (citing to Texas Family Code sections 102.0035 and 102.”
in Re Charlena Renee Smith (Tex. App. 2008). “" Tex. Fam. Code Ann. § 102.0035 (a) (Vernon Supp.”
in Re S.B., T.B., & L.M. (Tex. App. 2011). “See Tex. Fam. Code Ann. § 102.0035 (Vernon 2008).”
in Re S.B., T.B., & L.M. (Tex. App. 2011). “See Tex. Fam. Code Ann. § 102.0035 (Vernon 2008).”
— Tex. Fam. Code § 102.0035(a) — 1 case
In Re Smith, 262 S.W.3d 463 (Tex. App. 2008). “” Tex. Fam.Code Ann. § 102.0035(a) (Vernon Supp.”
— Tex. Fam. Code § 102.0035(c) — 2 cases
Cassandra Lewis v. the State of Texas (Tex. App. 2025). “5 See TEX. FAM. CODE ANN. § 102.0035(c). 6 Visitations were to be supervised by Lewis’s sister, Shyla Lewis.”
in Re Joseph Andre Davis (Tex. App. 2015). “has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date Tex. Fam. Code § 102.0035. of the filing of the petition; STATEMENT TO CONFER STANDING.”
— Tex. Fam. Code § 102.0035(e) — 1 case
in Re Joseph Andre Davis (Tex. App. 2015). “has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date Tex. Fam. Code § 102.0035. of the filing of the petition; STATEMENT TO CONFER STANDING.”
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