Mr. Clayton T. Garrison 

Executive.Director 

Employees Retirement System 

of Texas 

P. 0. Box 13207 

Austin, Texas 78711 

Opinion No. JM-731 

Re: Whether benefits paid under 

article 6228f. V.T.C.S., on behalf 

of a minor child, cease upon the 

adoption of that child 

Dear Mr. Garrison: 

You have requested our opinion regarding the effects of adoption 

upon a minor child's entitlement to death benefits under article 

6228f, V.T.C.S. We believe that the adoption of a minor child subsequent to the death of his natural parent does not bar the child's 

entitlement to death benefits under article 6228f, V.T.C.S. 

Article III, section 51-d, of the Texas Constitution authorizes 

the legislature to enact legislation to provide for financial 

assistance to surviving spouse and "minor children" of certain 

employees "who, because of the hazardous nature of their duties, 

suffer death in the course of the performance of those officiai 

duties." See Tex. Const. art. III, 551-d. Upon that authority, the 

legislatureenacted articlr 622&f, V.T.C.S. Section 3 of article 

6228f. V.T.C.S., provides: 

In any case in which a [covered employre] . . . 

suffers violent death in the course of his 

duty.. . if such [covered employee] . . . shall 

be survived by a minor child or minor children, 

the State of Texas shall pay to the duly appointed 

or qualified guardian or other legal representative of each minor child. . . . 

[Stipulated amounts]. 

Provided, that when any child entitled to benefits under this Act ceases to be a minor child as 

that term is defined herein, his entitlement to 

benefits shall terminate. . . . (Emphasis added). 

p. 3397 
Mr. Clayton T. Garrison - Page 2 (JM-731) 

Thus, section 3 of article 6228f. V.T.C.S., establishes when a 

minor child is entitled to receive benefits and when the child's right 

to the death benefits terminate. 

Section 2(a)(7) of article 6228f, V.T.C.S., defines "minor child" 

as "a child who. on the date of the violent death of any person 

covered by this Act, has not reached the age of 21 years." Since the 

enactment of article 6228f, a Texas court has held that because of 

article 592313, V.T.C.S., a child reaching the age of 18 years would no 

longer qualify for benefits under article 6228f. V.T.C.S. See Cook v. 

Employees Retirement Syst,em of Texas, 514 S.W.2d 329 (Tex. G. App. - 

Texarkana 1974, writ ref d n.r.e.); see also Attorney General Opinion 

MW-354 (1981). Termination of benefits are only provided for under 

those circumstances, the act does not specifically provide for the 

circumstance where a minor child receiving benefits, is adopted before 

reaching the age of 18 years. 

In Attorney General Opinion R-85 (1973). this office concluded 

that children of a deceased law enforcement officer receiving benefits 

under article 6228f. V.T.C.S., who had been adopted by someone else 

cease to be the officer's children. The opinion cited Patton v. 

Shamburger, 431 S.W.2d 506 (Tex. 1968). in support of that conclusion. 

In Patton, the Texas Supreme Court held that a workman's children, who 

were adopted by his wife's second husband prior to the death of the 

workman, were no longer his "minor children" entitled to workmen's 

compensation death benefits within the meaning of section 8a of 

article 8306, V.T.C.S. The court also held that adoption of a minor 

child under the old adoption statute terminated all legal relations, 

rights and duties between the child and his natural parents except for 

inheritance purposes. See V.T.C.S. former art. 46a. 59 (repealed 

1973). The subsequent enactment of section 15.07 of the Family Code, 

the new adoption statute, has no effect on the holding in Patton. See 

Banegas v. Holmquist, 535 S.W.2d 410 (Tex. Civ. App. - El Paso 1976, 

no writ). Accordingly, Attorney General Opinion H-85 (1973) is 

limited to situations where a child is entitled to death benefits 

under article 6228f. V.T.C.S., and who is adopted prior to the death 

of the covered employee. 

A minor child of a covered employee who is adopted prior to the 

death of the covered employee is not entitled to death benefits under 

article 6228f because the child's entitlement or right to the benefit 

does not vest until the death of the covered employee. - See V.T.C.S. 

art. 6228f, 5§2(a)(7), 3. 

On the contrary, we believe that a child receiving benefits 

because a natural parent who was a covered employee has "sufferted] a 

violent death in the course of his duty," can continue to receive the 

benefits because a subsequent adoption does not have the effect of 

emancipating the minor child from disabilities of minority. See - 

p. 3398 
Mr. Clayton T. Garrison - Page 3 (JM-731) 

Attorney General Opinion H-85 (1973). Thus, the child is entitled to 

the benefits until infancy is removed. Attorney General Opinion H-85 

(1973); cf. Home Indemnity Company v. Mosqueda, 473 S.W.2d 456 (Tex. 

1971) (achild was entitled to Workmen's Compensation benefits 

accruing from death until reaching the age of maturity). 

SUMMARY 

A minor child of a covered employee, who is 

entitled to death benefits under article 6228f, 

V.T.C.S., does not cease upon subsequent adoption 

of the child. 

JIM MATTOX 

Attorney General of Texas 

JACK RIGHTOWKR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 3399