Short answer. Yes — permanently. Article 232 of the Family Code provides that a person exercising parental authority who subjected the child or allowed the child to be subjected to sexual abuse shall be permanently deprived by the court of that authority. There is no reinstatement.
What the law says
If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority.
Family Code, Article 232 — Permanent Deprivation for Sexual Abuse. Read the full provision →
The rule: permanent deprivation, not suspension
Article 232 distinguishes itself from ordinary grounds for suspension of parental authority. When a parent or other person exercising parental authority has committed or permitted sexual abuse of the child, the consequence under the Family Code is not a temporary suspension that can be lifted later — it is permanent deprivation. The court removes parental authority entirely, with no provision for restoration. This reflects the law's view of sexual abuse as among the most serious breaches of the parental duty to protect and care for a child.
Allowing abuse is treated the same as committing it
Article 232 covers two scenarios equally: a parent who directly subjects the child to sexual abuse, and a parent who allows the child to be subjected to it by someone else. Passive complicity — knowing that another person is abusing the child and failing to stop it, or facilitating access to the abuser — is placed on the same legal footing as direct abuse for purposes of deprivation of parental authority. A parent who looks the other way or enables the abuse is not treated as less culpable under this provision.
The court must make the order
Permanent deprivation does not happen automatically — Article 232 specifies that it is the court that permanently deprives the person of parental authority. A court proceeding is required, and the facts constituting the sexual abuse or the allowance of abuse must be established. The proceedings may be initiated alongside criminal charges against the abusive parent, or as a separate civil or family court action focused specifically on the child's welfare and custody. The court's order of permanent deprivation carries legal weight for all subsequent questions of custody, guardianship, and inheritance.
What happens to the child
Once the court permanently deprives a parent of parental authority under Article 232, another person must step in to exercise that authority and care for the child. The court will address guardianship and custody as part of the proceedings, considering the child's best interests. The other parent, if not involved in the abuse, may take over sole parental authority. In the absence of a suitable parent, the court may appoint a guardian or refer the matter for other appropriate interventions under the law. The child's safety and welfare are the central concern throughout this process.