If the Parents Decide to Donate the Child's Organs

The child's parents are legally authorized to donate the child's organs in the event of death, if the parental rights have not been terminated (Chapter 692A.004External Link, Health and Safety Code).

CPS staff must never sign consent forms for organ donation on behalf of a child's family member who has made a decision to donate the child's organs. If the family members retain their legal rights to the child but are unavailable to consent, DFPS must not give consent for organ donation in the family member's absence.

When DFPS May Decide to Donate the Child's Organs

CPS staff may make the decision to donate an organ of a child if DFPS is managing conservator and:

  •   parental rights have been terminated; or

  •   the parents are deceased.

In some instances, DFPS may decide not to approve organ donation. In the Medical Consent Resource GuidePDF Document, see Organ Donation/Anatomical Gifts.