Tex. Fam. Code Section 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 (Termination of the Rights of an Alleged Biological Father)(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.

Source: Section 161.211 — Direct or Collateral Attack on Termination Order, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­211 (accessed Apr. 20, 2024).

161.001
Involuntary Termination of Parent-child Relationship 161.002
Termination of the Rights of an Alleged Biological Father 161.003
Involuntary Termination: Inability to Care for Child 161.004
Termination of Parental Rights After Denial of Prior Petition to Terminate 161.005
Termination When Parent Is Petitioner 161.006
Termination After Abortion 161.007
Termination When Pregnancy Results from Criminal Act 161.101
Petition Allegations 161.102
Filing Suit for Termination Before Birth 161.103
Affidavit of Voluntary Relinquishment of Parental Rights 161.104
Rights of Designated Managing Conservator Pending Court Appointment 161.106
Affidavit of Waiver of Interest in Child 161.107
Missing Parent or Relative 161.108
Release of Child from Hospital or Birthing Center 161.109
Requirement of Paternity Registry Certificate 161.202
Preferential Setting 161.203
Dismissal of Petition 161.204
Termination Based on Affidavit of Waiver of Interest 161.205
Order Denying Termination 161.206
Order Terminating Parental Rights 161.207
Appointment of Managing Conservator on Termination 161.208
Appointment of Department of Family and Protective Services as Managing Conservator 161.209
Copy of Order of Termination 161.210
Sealing of File 161.211
Direct or Collateral Attack on Termination Order 161.301
Definitions 161.302
Petition 161.303
Hearing 161.304
Orders 161.1031
Medical History Report 161.1035
Revocability of Certain Affidavits 161.2011
Continuance 161.2021
Medical History Report 161.2061
Terms Regarding Limited Post-termination Contact 161.2062
Provision for Limited Contact Between Biological Parent and Child 161.2081
Notice of Termination for Certain Relatives
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 161.211’s source at texas​.gov