Fort Worth Court of Appeals Clarifies Personal Jurisdiction and Waiver of Service for Minor Parents

In re P.W., 02-25-00579-CV, February 26, 2026.

On appeal from the 231st District Court, Tarrant County.

Synopsis

The Fort Worth Court of Appeals held that a minor parent’s execution of a voluntary relinquishment affidavit containing a waiver of citation under Texas Family Code § 161.103 creates a specific statutory exception to the common law rule that minors lack the capacity to waive service of process. Consequently, such an affidavit is sufficient to establish personal jurisdiction over the minor parent in a termination proceeding without the necessity of formal personal service.

Relevance to Family Law

This decision is critical for practitioners handling termination and adoption matters involving minor parents. It provides jurisdictional certainty when relying on voluntary relinquishment affidavits, confirming that § 161.103 operates as a statutory override to the general disability of minority regarding service of process. For litigators, this clarifies that a judgment based on such a waiver is not void for lack of personal jurisdiction, providing a strategic safeguard against collateral attacks and bills of review.

Case Summary

Fact Summary

Appellant Mother, who was seventeen years old at the time of trial, signed an affidavit of voluntary relinquishment of her parental rights to her child, P.W. This affidavit included an express waiver of process as permitted by Texas Family Code § 161.103(c)(1). Based on this affidavit, the trial court terminated her parental rights, finding by clear and convincing evidence that termination was in the child’s best interest. Mother subsequently challenged the order on appeal, asserting that because she was a minor, she remained under a legal disability and was therefore incapable of waiving service. She argued that the Department’s failure to personally serve her in the second of two lawsuits deprived the trial court of personal jurisdiction, rendering the termination order void. Additionally, she raised claims that her affidavit was involuntary and contingent upon a Rule 11 agreement, though the appellate court noted a lack of evidentiary support in the record for these assertions.

Issues Decided

The primary issue decided was whether a trial court acquires personal jurisdiction over a minor parent who executes a voluntary relinquishment affidavit containing a waiver of citation, notwithstanding the general common law rule that minors cannot waive service. The court also addressed whether the Mother’s affidavit was involuntary or improperly contingent on outside agreements.

Rules Applied

The court analyzed Texas Family Code § 161.103, which dictates the requirements for a valid affidavit of voluntary relinquishment and specifically authorizes the inclusion of a waiver of citation. The court contrasted this with the general common law rule—codified in juvenile contexts in Matter of W.L.C., 562 S.W.2d 454 (Tex. 1978)—which states that minors generally lack the legal capacity to waive service. Furthermore, the court relied on the reasoning found in S.A.S. v. Catholic Family Services, Inc., 613 S.W.2d 540 (Tex. App.—Amarillo 1981, no writ), which identified the voluntary relinquishment statute as a specific exception to the general disability of minority.

Application

The court began its analysis by acknowledging that personal jurisdiction is a prerequisite for a valid judgment and typically requires service of citation in a manner provided by law. While the court noted the “almost universal rule” that minors cannot waive service, it emphasized that this disability exists only where the law has not made express or implied exceptions. By reviewing the legislative intent behind the Texas Family Code, the court determined that § 161.103 provides such an exception. The court reasoned that because the statute does not exclude minor parents from its scope and specifically provides for the waiver of citation within the relinquishment affidavit, the legislature intended for these affidavits to be binding even when executed by a minor. The court found that public policy, which prioritizes the best interest of the child who is the subject of the suit, supported this interpretation. Consequently, since the Mother’s affidavit was executed in compliance with the Family Code, the waiver of service therein was valid and sufficient to confer personal jurisdiction upon the trial court.

Holding

The court held that a minor parent’s affidavit of voluntary relinquishment that includes a waiver of process pursuant to Texas Family Code § 161.103 constitutes a valid exception to the general rule that minors cannot waive service. This waiver effectively establishes personal jurisdiction over the parent in a termination proceeding.

The court further held that the Mother failed to satisfy her evidentiary burden to show that the affidavit was the product of fraud, duress, or coercion. Because the affidavit was irrevocable and compliant with statutory formalities, the trial court’s judgment of termination was affirmed.

Practical Application

For family law practitioners, this case underscores the high degree of finality attached to voluntary relinquishment affidavits under § 161.103. When dealing with minor parents, the affidavit itself serves as the jurisdictional bridge, removing the necessity of personal service that would otherwise be required under the Rules of Civil Procedure. However, practitioners must ensure the affidavit is beyond reproach; any hint of duress or failure to follow the technical requirements of § 161.103 could still jeopardize the judgment. This case serves as a reminder that while the minor’s disability is waived for service via the affidavit, the evidentiary standards for “voluntariness” remain a potential point of attack.

Checklists

Validating Relinquishment by a Minor Parent

• Confirm the affidavit strictly adheres to all requirements of Tex. Fam. Code § 161.103.
• Ensure the waiver of citation is explicitly stated within the four corners of the affidavit.
• Verify that the affidavit includes the mandatory allegation that termination is in the child’s best interest.
• Secure two credible witnesses and a proper notarization to verify the formal execution.
• Maintain contemporaneous notes regarding the minor’s understanding of the document to rebut future “lack of capacity” or “duress” claims.

Defending Personal Jurisdiction in Termination Suits

• Audit the record to ensure the relinquishment affidavit was filed before the trial court rendered judgment.
• Identify if a guardian ad litem or attorney ad litem was appointed for the minor parent; while not strictly required for the waiver’s validity per this case, it bolsters the defense against claims of involuntariness.
• Confirm that the affidavit is “unrevoked” or “irrevocable” at the time of the hearing.
• If the parent is a minor, rely on In re P.W. and S.A.S. to move for summary judgment on any jurisdictional challenges based on lack of service.

Citation

In re P.W., __ S.W.3d __ (Tex. App.—Fort Worth 2026, no pet.) (No. 02-25-00579-CV).

Full Opinion

The full opinion of the court may be accessed at the following link: Full Opinion

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