No. V-0057 (1947).

Case DateFebruary 27, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0057 (1947). 1February 27, 1947Hon. John H. WintersExecutive DirectorState Department ofPublic WelfareAustin, TexasOpinion No. V-57Re: Sufficiency of parental consent for adoption under Article 46a, Section 6, of the Texas Statute, to place the child for adoption.Dear Sir:We have your request for an opinion on the following situation: The child in question was born out of wedlock in North Carolina on February 12, 1945, Thereafter the mother, a resident of North Carolina, turned the child over to the Superintendent of Public Welfare of Rowan County, North Carolina, by an instrument entitled "Parent's Surrender Affidavit for Adoption Proceedings", which recites that the mother voluntarily released all claim to the child. The instrument reads further: "I do hereby grant to the said Superintendent the authority to place my child * * * in a foster home selected by the said superintendent with the privilege of legal adoption without further notice to me." In the same instrument she agreed with the Superintendent and any prospective adopting parents, that she would make no claim to any estate of said minor, etc. The Superintendent accepted the child and placed it in a foster home in North Carolina. The child is now in Texas. How it got to Texas, or where and by whom it is being kept is not stated. No further consent has been given by the mother to any adoption. It is now contemplated that the child will be adopted in Harris County, Texas, under order of a Court of Harris County, Texas. The consent of the Superintendent of Public Welfare of Rowan County, North Carolina, has been obtained to the contemplated adoption in Harris County. You wish to know if the consent of such superintendent alone is sufficient "consent" under Art. 46a-(6)2of the Texas statutes for the court to place the child for adoption. The statute referred to, Art. 46a, reads as follows:
"Sec. 6. Except as otherwise is this Section, no adoption shall be permitted except with the written consent of the living parents of a child; provided, however, that if a living parent or parents shall voluntarily abandon and desert a child sought to be adopted, for a period of two (2) years, and shall have left such child to the oare, custody, and control and management of other persons, and such parent or parents so abandoning and deserting such child shall not have contributed to the support of such child during such period of two (2) years, then in such event it shall not be necessary to obtain the written consent of the living parent or parents in such default, and in such cases adoption shall be permitted on the written consent of the Judge of the Juvenile Court of the county of such child's residence, or if there be no Ja Court, then on the written consent of the Judge of the County Court of the county of such child's residence.
"* * *. Consent shall not be required of parents whose parental rights have been terminated by order of the Juvenile Court or other Court of competent Jurisdiction; provided, however, that in such cases adoption shall be pemitted only on consent of the superintendent of
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