Tex. Codes » 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
Texas Codes

Tex. Fam. Code § 161.211 (2026)

Direct Or Collateral Attack On Termination Order

✓ current as of May 2026
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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.

SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER INVOLUNTARY TERMINATION


Notes of Decisions
Cited in 144 cases (26 in the last 5 years), 1998–2026 · leading case: In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012).
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In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012). · cites it 3× “” Tex. Fam.Code § 161.211(b). L.R. contends — as did the dissent below— that this bar applies only to parents for whom service by publication is valid.”
Angelica Mitchell Moore & Kevin Alexander Moore v. Donna M. Brown & Alvin Benard Brown, 408 S.W.3d 423 (Tex. App. 2013). · cites it 8× “Laws 2108 , 2108 (amended 1999) (current version at Tex. Fam. Code Ann. § 161.211 (West 2008)); Act of May 28, 1997, 75th Leg.”
in the Interest of P.W., a Child v. Texas Dep't of Fam. & Prot. Servs., 579 S.W.3d 713 (Tex. App. 2019). · cites it 3× “Tex. Fam. Code Ann. § 161.211 (a),(b) (West, Westlaw through 2017 1st C.”
in the Interest of A.A.S., a Child, 367 S.W.3d 905 (Tex. App. 2012). · cites it 11× “The trial court dismissed the petition pursuant to Texas Family Code section 161.211, which provides that an order terminating the parental rights of a person who was served with citation by publication generally is not subject to collateral or direct attack more than six months…”
In the Interest of J.W.H., 222 S.W.3d 661 (Tex. App. 2007). · cites it 3× “If we would not wait for the briefs, as we consistently do when points are untimely or not filed at all, the appellant would still have time to file a petition for writ of habeas corpus or other direct or collateral attack under Texas Family Code section 161.211(a). Tex.”
in the Interest of K.D., a Minor Child, 471 S.W.3d 147 (Tex. App. 2015). · cites it 3× “211(c) states, “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 related to fraud _” Tex. Fam. Code Ann. § 161.211 (c)…”
in the Interest of L.M.I. & J.A.I., Minor Child., 119 S.W.3d 707 (Tex. 2003). “2003); see also Tex. Fam.Code § 161.211(a) (prohibiting direct or collateral attack on order terminating parental rights based on affidavit of relinquishment after six months).”
in the Interest of K.K., L.M., M.M., & T.K., Child., 180 S.W.3d 681 (Tex. App. 2005). · cites it 2× “Therefore, in a case terminating parental rights, the proceedings should be strictly scrutinized and the involuntary termination statutes strictly construed in favor of the parent. Holick v. Smith, 685 S.”
in the Interest of D.E.H., a Minor Child, 301 S.W.3d 825 (Tex. App. 2009). · cites it 6× “A party seeking to overturn a termination order based on an unrevoked affidavit of relinquishment is limited in her attack to arguing fraud, duress, or coercion in the execution of the affidavit, Tex. Fam. Code Ann. § 161.211 (c) (Vernon 2008); see In re M.”
In the Interest of D.R.L.M., 84 S.W.3d 281 (Tex. App. 2002). · cites it 4× “See Tex. Fam.Code Ann. § 161.211(c). Therefore, TDPRS contends we lack jurisdiction over Kristi’s second issue.”
in the Matter of the Marriage of G.S. & A.G., 555 S.W.3d 301 (Tex. App. 2018). · cites it 3× “TEX. FAM. CODE ANN. § 161.211(c) (West 2014).”
Monroe v. Alternatives in Motion, 234 S.W.3d 56 (Tex. App. 2007). · cites it 2× ““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.”
Show all 144 citing cases →
— Tex. Fam. Code § 161.211(a) — 38 cases
Angelica Mitchell Moore & Kevin Alexander Moore v. Donna M. Brown & Alvin Benard Brown, 408 S.W.3d 423 (Tex. App. 2013). “Laws 2108 , 2108 (amended 1999) (current version at Tex. Fam. Code Ann. § 161.211 (West 2008)); Act of May 28, 1997, 75th Leg.”
In the Interest of J.W.H., 222 S.W.3d 661 (Tex. App. 2007). “If we would not wait for the briefs, as we consistently do when points are untimely or not filed at all, the appellant would still have time to file a petition for writ of habeas corpus or other direct or collateral attack under Texas Family Code section 161.211(a). Tex.”
in the Interest of L.M.I. & J.A.I., Minor Child., 119 S.W.3d 707 (Tex. 2003). “2003); see also Tex. Fam.Code § 161.211(a) (prohibiting direct or collateral attack on order terminating parental rights based on affidavit of relinquishment after six months).”
Brice v. Denton, 135 S.W.3d 139 (Tex. App. 2004).
in the Interest of K.K., L.M., M.M., & T.K., Child., 180 S.W.3d 681 (Tex. App. 2005). “Therefore, in a case terminating parental rights, the proceedings should be strictly scrutinized and the involuntary termination statutes strictly construed in favor of the parent. Holick v. Smith, 685 S.”
— Tex. Fam. Code § 161.211(b) — 9 cases
In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012). “” Tex. Fam.Code § 161.211(b). L.R. contends — as did the dissent below— that this bar applies only to parents for whom service by publication is valid.”
in the Interest of A.A.S., a Child, 367 S.W.3d 905 (Tex. App. 2012). “The trial court dismissed the petition pursuant to Texas Family Code section 161.211, which provides that an order terminating the parental rights of a person who was served with citation by publication generally is not subject to collateral or direct attack more than six months…”
In the Interest of E.R., 335 S.W.3d 816 (Tex. App. 2011).
In Re Er, 335 S.W.3d 816 (Tex. App. 2011).
City of Magnolia v. Magnolia Bible Church Magnolia's First Baptist Church Believers Fellowship' & Ken Paxton, Attorney Gen. of Texas (Tex. App. 2020).
— Tex. Fam. Code § 161.211(c) — 41 cases
In the Interest of D.R.L.M., 84 S.W.3d 281 (Tex. App. 2002). “See Tex. Fam.Code Ann. § 161.211(c). Therefore, TDPRS contends we lack jurisdiction over Kristi’s second issue.”
in the Matter of the Marriage of G.S. & A.G., 555 S.W.3d 301 (Tex. App. 2018). “TEX. FAM. CODE ANN. § 161.211(c) (West 2014).”
Monroe v. Alternatives in Motion, 234 S.W.3d 56 (Tex. App. 2007). ““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.”
in the Interest of K.S.L., a Child, 499 S.W.3d 109 (Tex. App. 2016).
in the Interest of D.E.H., a Minor Child, 301 S.W.3d 825 (Tex. App. 2009). “A party seeking to overturn a termination order based on an unrevoked affidavit of relinquishment is limited in her attack to arguing fraud, duress, or coercion in the execution of the affidavit, Tex. Fam. Code Ann. § 161.211 (c) (Vernon 2008); see In re M.”
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