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Unregulated Custody Transfer of Adopted Child

The 85th Texas Legislature created a new law in 2017 called Unregulated Custody Transfer of Adopted Child, which makes it illegal to participate in, facilitate or conduct the unregulated custody transfer of an adopted child.

This law was created by Section 3 of House Bill 8341 and is to be codified at Section 25.081 in the Texas Penal Code. The law defines adopted child and an unregulated custody transfer in Sections 25.081(a), and it also creates an exception in subsection (d).

Have you been charged with Unregulated Custody Transfer of Adopted Child in Texas? Call criminal defense lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

H.B. 834 created a suite of laws regarding the regulated custody transfer of adopted children, including the law making it a criminal offense to transfer an adopted child outside of these regulations, and the law takes effect September 1, 2017.2

What is the current Texas law about Unregulated Custody Transfer of Adopted Childs?

The current Texas law is as follows:3

(b) Except as otherwise provided by this section, a person commits an offense if the person knowingly:

(1) conducts an unregulated custody transfer of an adopted child; or

(2) facilitates or participates in the unregulated custody transfer of an adopted child, including by transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining an adopted child for that purpose.

What is the penalty for a Unregulated Custody Transfer of Adopted Child conviction?

The law is penalized as a third degree felony,4 with punishment not to exceed ten years in state prison, unless the state’s attorneys convince a jury that except that you committed the offense with intent to commit an offense under Section 20A.02 (Trafficking of Persons), 43.02, 43.05, 43.25, 43.251, or 43.26, in which case it is a felony of the second degree.


Legal References:

1 House Bill 834

2 House Bill 834 at Sections 5-6

3 Texas Penal Code §25.081(b), as created by House Bill 834, Section 3, effective September 1, 2017

4 Texas Penal Code §25.081(c), as created by House Bill 834, Section 3, effective September 1, 2017

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