Tex. Family Code § 161.106
This is the official text of Tex. Family Code § 161.106, part of Texas’s Family Code — governs marriage, divorce, child custody and support, and adoption.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 161.106. AFFIDAVIT OF WAIVER OF INTEREST IN CHILD.
Official statutory text
(a) A man may sign an affidavit disclaiming any interest in a child and waiving notice or the service of citation in any suit filed or to be filed affecting the parent-child relationship with respect to the child.
(b) The affidavit may be signed before the birth of the child.
(c) The affidavit shall be:
(1) signed by the man, whether or not a minor;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(d) The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child.
(e) An affidavit of waiver of interest in a child may be used in a suit in which the affiant attempts to establish an interest in the child. The affidavit may not be used in a suit brought by another person, licensed child-placing agency, or the Department of Family and Protective Services to establish the affiant's paternity of the child.
(f) A waiver in an affidavit under this section is irrevocable.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(i) A copy of the affidavit shall be provided to the person who executed the affidavit at the time the person signs the affidavit.
(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(b) The affidavit may be signed before the birth of the child.
(c) The affidavit shall be:
(1) signed by the man, whether or not a minor;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(d) The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child.
(e) An affidavit of waiver of interest in a child may be used in a suit in which the affiant attempts to establish an interest in the child. The affidavit may not be used in a suit brought by another person, licensed child-placing agency, or the Department of Family and Protective Services to establish the affiant's paternity of the child.
(f) A waiver in an affidavit under this section is irrevocable.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(i) A copy of the affidavit shall be provided to the person who executed the affidavit at the time the person signs the affidavit.
(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
Status: repealed · Read it on the official government site
Dealing with a family matter in Texas?
See all Texas Family lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.