(a) The authorization agreement must be signed and sworn to before a notary public by the parent and the adult caregiver.
(b) A parent may not execute an authorization agreement without a written order by the appropriate court if:
(1) there is a court order or pending suit affecting the parent-child relationship concerning the child;
(2) there is pending litigation in any court concerning:
(A) custody, possession, or placement of the child; or
(B) access to or visitation with the child; or
(3) a court has continuing, exclusive jurisdiction over the child.

Terms Used In Texas Family Code 34.004

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) An authorization agreement obtained in violation of Subsection (b) is void.

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