89th Legislature Regular Session

HB 4730

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4730 seeks to reform key elements of the voluntary relinquishment of parental rights and adoption process in Texas, while also increasing oversight of child-placing agencies. The bill amends Section 161.103 of the Family Code to require that affidavits for voluntary relinquishment of parental rights use a standardized form adopted by the Department of Family and Protective Services (DFPS). This form must include detailed information about the parents’ rights, the procedures for revoking the affidavit, and available alternatives to adoption, such as kinship care and government assistance.

The legislation also introduces a new provision—Section 162.0063—which requires DFPS to publish a "Notice of Rights" for prospective adoptive parents. This notice must inform adoptive parents about their right to review a child’s medical and genetic history, understand legal risks associated with adoption, receive post-adoption support resources, and access non-identifying information about the biological family. These notices must be made available publicly and provided by any entity placing a child for adoption.

Further, the bill enhances regulatory requirements for licensed child-placing agencies (CPAs) under the Human Resources Code. It mandates annual compliance reporting and subjects agencies to random audits to ensure health, safety, and regulatory adherence. Agencies are also required to provide transparency regarding their services, contracts, and outcomes to the overseeing state agency. By codifying clearer standards and increasing transparency, HB 4730 aims to protect the rights and well-being of all parties involved in the adoption process.
Author
Lacey Hull
Sponsor
Kelly Hancock
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4730 is not expected to have a significant fiscal impact on the state budget. The bill mandates that the Department of Family and Protective Services (DFPS) develop and publicly post two standardized forms: one for the affidavit of voluntary relinquishment of parental rights and another to inform prospective adoptive parents of their rights. These actions are administrative in nature and are assumed to be manageable within the agency's current operational capacity and resources.

Additionally, the bill's expanded oversight requirements for child-placing agencies—including annual compliance reporting and random audits—are also assumed to be implementable without requiring new appropriations or staffing increases. The Health and Human Services Commission (HHSC), which may be indirectly involved in rulemaking or enforcement, is likewise expected to absorb any resulting costs within its existing budget framework.

There are no anticipated fiscal implications for local governments as a result of this bill. Overall, the fiscal assessment reflects confidence that the bill’s provisions, though regulatory and procedural in nature, will not necessitate additional state funding or create unfunded mandates for local entities.

Vote Recommendation Notes

HB 4730 is a thoughtful and balanced effort to improve the transparency, accountability, and fairness of the adoption process in Texas. The bill strengthens protections for birth parents by requiring a standardized affidavit for the voluntary relinquishment of parental rights, along with a mandated waiting period of at least seven days after birth before signing. It also ensures that parents are informed of their rights and options—including counseling, kinship care, and government assistance, before making such a life-altering decision. These reforms enhance individual liberty and informed consent, both of which are central to protecting vulnerable families during emotionally intense moments.

For prospective adoptive parents, the bill provides a parallel notice of rights that includes information about medical history, legal risks, and available support services. This helps ensure that adoption placements are made with full transparency, which in turn supports the long-term success and stability of adoptive families. By improving the quality and clarity of information available to both sides of the adoption process, the bill promotes responsible decision-making and ethical practices.

In addition, the bill imposes common-sense oversight measures on child-placing agencies, such as annual compliance reports, random audits, and minimum training standards for staff. These requirements aim to safeguard children and ensure agencies uphold best practices without creating unnecessary red tape or excessive costs. The Legislative Budget Board found no significant fiscal impact on the state or local governments, reinforcing that these reforms are cost-effective as well as necessary.

Taken together, HB 4730 upholds core liberty principles by empowering families, increasing transparency, and establishing accountability where it matters most. While some may argue for even stronger protections or less regulatory involvement, the bill strikes a commendable balance. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 4730.

  • Individual Liberty: This bill enhances individual liberty by ensuring that birth parents, particularly mothers, are not pressured into relinquishing their parental rights without adequate time, information, and support. By requiring a waiting period of at least seven days after birth before an affidavit can be signed, the bill protects against rash decisions made under emotional or physical duress. Additionally, it guarantees that both birth and adoptive parents receive clear, state-provided documentation of their rights, which promotes autonomous and informed decision-making, central to personal liberty.
  • Personal Responsibility: The bill promotes responsible choices by clarifying the legal rights and obligations of everyone involved in the adoption process. It educates birth parents about alternatives (like kinship care or government aid) and adoptive parents about potential legal risks and available post-adoption resources. By arming individuals with relevant information, the bill encourages accountability and thoughtful participation in a life-changing legal process.
  • Free Enterprise: The bill introduces modest compliance requirements for child-placing agencies, which may create some administrative burden. However, these are focused on ensuring ethical conduct and training standards, not interfering with market competition or service models. In this way, the bill safeguards trust in the private adoption sector without obstructing its operations, thus respecting the principle of free enterprise.
  • Private Property Rights: The bill does not address or affect the use, transfer, or regulation of physical property or land. Therefore, the principle of private property rights is unaffected by the bill.
  • Limited Government: While the bill does introduce new oversight requirements, such as compliance reporting and random audits for child-placing agencies, it stops short of heavy-handed regulation. These provisions serve a protective purpose for children and families without significantly expanding state control. Since no major fiscal impact is anticipated and the rules focus on transparency and training, the bill keeps government intervention targeted and limited. Still, continued legislative oversight may be warranted to ensure these mechanisms remain proportionate.
View Bill Text and Status