Short answer. No. Article 232 of the Family Code provides that if a person exercising parental authority has subjected the child to sexual abuse, or allowed the child to be subjected to it, the court shall permanently deprive that person of parental authority. The deprivation is permanent — there is no restoration.
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 →
Permanent deprivation — no restoration
Article 232 of the Family Code imposes the most severe consequence available for abuse of parental authority: 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. The word permanently is not qualified. It does not say the authority is removed pending rehabilitation, or that it can be restored upon a showing of good behavior. The deprivation is final. A parent who sexually abuses their own child — or who allows another person to subject the child to sexual abuse — loses parental authority forever.
The rule covers both active and passive conduct
Article 232 addresses two distinct situations. The first is where the person exercising parental authority directly subjects the child to sexual abuse. The second is where that person allowed the child to be subjected to sexual abuse — meaning a parent who knew of or permitted the abuse by another and did not protect the child. Both situations lead to the same outcome: permanent deprivation. A parent who did not personally commit the abuse but who allowed it to happen is treated with the same legal severity. Parental authority carries the duty to protect the child, and allowing sexual abuse is a fundamental failure of that duty.
Court order is required
Article 232 provides that the deprivation is imposed by the court. Parental authority is not automatically stripped the moment an allegation is made or even when sexual abuse is established in another proceeding. A court must formally order the permanent deprivation. This protects against deprivation without due process, but it also means that the abused child or those acting on the child's behalf should take steps to have the court enter the appropriate order if parental authority over the child is at issue. Until the court acts, the technical legal status of the parental authority depends on whether any suspension or other interim measure has been ordered.
What permanent deprivation means for the child
When parental authority is permanently removed, the former authority holder loses all rights that flow from it — the right to the child's company, the right to make decisions about the child's education, health, and upbringing, and the right to represent the child in legal matters. Another person or institution must take over those functions. Depending on the circumstances, parental authority may vest in the other parent, in a guardian, or in a court-supervised arrangement. The permanent nature of Article 232's deprivation means that even if the abusive parent completes a sentence or undergoes treatment, the law does not contemplate a return of authority over the child who was abused.