For the parents of a brand new baby boy, oftentimes the first medical decision to be made for the child is whether he should be circumcised. This medical procedure is usually performed in the hospital shortly after the birth of the child and outside the presence of the parents, or in the Jewish faith, eight days after the birth of the baby boy, which is part of the brit milah (a.k.a. bris) ritual. But what happens when the parents do not agree on whether their baby should be circumcised? What legal recourse do the parents have in Texas? The answer is not an easy one.
In Texas, parents can legally resolve their disputes in a “Suit Affecting the Parent-Child Relationship” (“SAPCR”) wherein the Court is asked to appoint the parents with certain rights, powers, and duties over their child. The problem in the case of circumcision, however, is that a SAPCR may not be filed for an unborn child. Therefore, if a parent has a strong objection to circumcision, then he or she must wait until after the child is born to prevent an unwanted circumcision and then act quickly. Assuming that the medical professionals will not perform the procedure against one parent’s clear objection, the objecting parent will need to file a SAPCR immediately and request a Temporary Restraining Order to prohibit the non-objecting party from consenting to the circumcision until the Court cannot decide the matter after notice and hearing.
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