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Assessment on Non – Parent Authorization Agreements

The newly enacted Chapter 34 gives certain rights to a child’s grandparent, adult sibling, or adult aunt or uncle authorized at the discretion of a parent. Certain limitations apply to this right thus the agreement can be entered into by either a single parent or with the representation of the other parent. Some of the rights can be transferred to a non- parent relative. These rights include, but are not limited to: consenting to medical care, including surgical procedures; obtaining health insurance; enrolling the child in school; consenting to extracurricular activities; and authorizing the child to obtain a learner’s permit or driver’s license. The Texas Family Code Section 34.03 explains the mandatory expectations of the agreement, including warnings and notices to those signing the agreement. If there happens to be a pending Suits Affecting the Parent – Child Relationship (SAPCR) or a previous SAPCR order in effect, the agreement in invalid unless otherwise authorized by the court.

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