Procedures in Suit by Governmental Entity to Protect Health and Safety of Child · General Provisions
(a) An authorized representative of the Department of Family and Protective Services may assume the care, control, and custody of a child born alive as the result of an abortion as defined by Chapter 161.
(b) The department shall file a suit and request an emergency order under this chapter.
(c) A child for whom possession is assumed under this section need not be delivered to the court except on the order of the court.
Official text of the Texas Family Code as published by the Texas Legislative Council.