(a) The authorization agreement must be signed and sworn to before a notary public by the parent and the adult caregiver . (b) A parent may not execute an authorization agreement without a written order by the appropriate court if:
(1) there is a court order or pending suit affecting the parent-child relationship concerning the child; (2) there is pending litigation in any court concerning:
(A) custody, possession, or placement of the child; or (B) access to or visitation with the child; or (3) a court has continuing, exclusive jurisdiction over the child. (c) An authorization agreement obtained in violation of Subsection (b) is void.
Tex. Fam. Code ยง 34.004
Amended by Acts 2017, Texas Acts of the 85th Leg. – Regular Session, ch. 885,Sec. 4, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. – Regular Session, ch. 244,Sec. 7, eff. 9/1/2017.Added by Acts 2009, 81st Leg., R.S., Ch. 815, Sec. 1, eff. June 19, 2009.