Law & Justice
Texas Court Upholds Termination of Parental Rights, Allowing Foster Parents to Pursue Adoption
A Texas boy born on March 10, 2022, while his mother was incarcerated, has lived with foster parents since April 2022. The Texas Fourteenth Court of Appeals, on November 10, 2026, upheld a lower court decision that terminated the mother’s parental rights and named the foster parents as joint managing conservators, allowing them to continue their adoption efforts.
The mother, who had signed a temporary placement agreement with the Loving Houston Adoption Agency, challenged the foster parents’ legal standing to file the termination petition. She argued that they did not meet the requirements of Texas Family Code sections 102.003(a)(9) and 102.003(a)(12), and questioned whether they complied with a new affidavit requirement.
The appellate court reviewed Section 102.005, which permits a non‑parent to seek termination of parental rights if they have actual possession and control of the child for at least two months within the three months preceding the petition, or if they have substantial prior contact. The court found that the foster parents had lived with the child exclusively since April 2022 and had filed the necessary petition and affidavit, satisfying the statutory requirements.
Regarding the new affidavit requirement in Section 102.0031, effective September 1, 2025, the court distinguished between general custody and visitation proceedings and cases that seek termination of parental rights in conjunction with adoption. It held that the new requirement did not apply to persons proving standing under Section 102.005.
The court rejected the mother’s challenges and affirmed the trial court’s judgment. The ruling confirms that foster parents who meet the statutory criteria can pursue termination of parental rights and adoption, clarifying Texas law on this issue.
The case, officially styled In the Interest of L.S., a Child, was heard in Fort Bend County and involved the Texas Department of Family and Protective Services, which was not a party to the proceedings.
Frequently asked questions
When did the Texas Fourteenth Court of Appeals rule on the termination of parental rights?
November 10, 2026.
What statutory section allows a non-parent to seek termination of parental rights?
Section 102.005 of the Texas Family Code.
Did the new affidavit requirement in Section 102.0031 apply to the foster parents?
No, the court held it did not apply to persons proving standing under Section 102.005.