Adoption

Understanding Adoption in Texas

Adoption is the legal process of making a child part of a new family. Under Texas law, a child can have only one set of legal parents. Adoption therefore differs from conservatorship in that the adoptive parents assume all parental rights and duties, including inheritance rights. Courts use the best interest of the child standard to decide whether an adoption should be granted.

Texas adoption cases can involve infants, older children, relatives, stepchildren or children in foster care. Each scenario carries unique legal requirements and emotional considerations. Before filing, it is important to understand the types of adoption, eligibility rules and steps involved.

Who Can Adopt in Texas?

Texas sets clear eligibility rules for adoptive parents. Prospective parents must be at least twenty‑one years old, financially stable and responsible adults. They can be single, married or divorced, but if married, both spouses generally must adopt jointly. Applicants must complete a detailed application, share information about their background and lifestyle and provide references.

The law recognizes several scenarios in which an adult may petition to adopt a child:

• Both parents’ rights are terminated. Adoption is possible when a child’s biological parents have relinquished or lost their parental rights through voluntary or involuntary termination.
  
  
• Stepparent adoption. A stepparent can adopt without terminating the rights of their spouse, but the other biological parent’s rights must be terminated.
  
  
• Parental consent. If one parent’s rights are terminated and the remaining parent consents, a child may be adopted if the child is at least two years old and has lived with the adoptive petitioner for six months.
  
  
• Without parental consent. In rare cases, the court may proceed without parental consent when parental rights have been involuntarily terminated for reasons such as abandonment, neglect or endangerment.
  
  

Types of Adoption

Texas law recognizes several types of adoption, each with distinct legal steps and considerations:

• Private adoption. Private or agency adoptions involve placing a child with adoptive parents through a licensed agency or attorney. Birth parents voluntarily relinquish their rights, and adoptive parents may work with an agency to match with a child. These cases require careful compliance with Texas statutes governing consent and termination.
  
  
• Relative or kinship adoption. When relatives such as grandparents, aunts, uncles or adult siblings step forward to adopt, the process is called kinship or relative adoption. Texas courts often prefer placing children with relatives when it serves the child’s welfare. Kinship adoption still requires termination of the biological parents’ rights and usually a home study.
  
  
• Stepparent adoption. A stepparent can adopt a spouse’s child once the rights of the other biological parent have been terminated or relinquished. Under Texas law, the stepparent must file jointly with their spouse. If the child is at least twelve, they must consent to the adoption. Stepparent adoptions often occur at the same time as a termination of parental rights proceeding.
  
  
• Foster care adoption. Many Texas children are adopted after spending time in foster care. Foster parents undergo training and are certified to provide temporary care before adopting. The Department of Family and Protective Services requires foster and adoptive families to meet specific standards, including being at least twenty‑one, financially stable and passing background checks. Dual certification to foster and adopt can speed placement and reduce disruptions for children.
  
  

Home Study and Evaluation

A central component of the adoption process is the home study, also called an adoption evaluation. The home study assesses the readiness of the prospective adoptive family and ensures the child’s safety. It examines the personal history of each person living in the home and includes interviews with adoptive parents, other adults and children aged four or older. Evaluators look for health and safety issues during at least one home visit and review criminal, employment, financial and abuse or neglect histories.

Texas law sets additional legal requirements for home studies:

• Multiple interviews are conducted with household members and certain children not living at home.
• Evaluators must verify information whenever possible and may access unredacted abuse and neglect records.
• Interviews must be documented and summarised, and attempts to interview absent family members must be noted.
  
  

The home study also covers topics such as the applicant’s motivation, health, family relationships, discipline philosophy and sensitivity to the needs of abused or neglected children. Families must agree to a home study and permit the agency to conduct a criminal history and abuse/neglect background check on all adults in the household. In certain uncontested stepparent adoptions, courts may waive the home study but still require criminal record checks.

Termination of Parental Rights and Consent

Before a child can be adopted, the rights of the biological parents must generally be terminated. Termination may occur voluntarily, when a parent signs a relinquishment of parental rights, or involuntarily, when a court finds that the parent has abandoned, endangered or otherwise harmed the child. In Texas, termination and adoption can often be combined in a single proceeding.

Consent plays a crucial role in the adoption process. For infant adoptions, birth parents must wait at least forty‑eight hours after birth before signing consent documents. Consent must be given freely, without coercion or undue pressure. Birth parents may revoke consent within a specified time or if evidence shows consent was obtained fraudulently or under duress. When birth parents cannot be located or their rights have been terminated, the court may waive consent.

Step‑by‑Step Adoption Process

While every adoption is unique, most cases follow similar steps:

1. Consultation and planning. Prospective parents meet with an adoption attorney to discuss eligibility, types of adoption and documents needed. Planning may include gathering personal histories, financial records and references.
   
   
2. Filing a petition. The adoption process begins by filing an original petition with the appropriate court. The petition includes information about the adoptive parents, details about the child and confirmation that legal requirements like background checks and home studies have been completed.
   
   
3. Pre‑placement procedures. Before placement, adoptive parents must complete the home study and obtain consent from birth parents or a court order terminating parental rights. For relative and stepparent adoptions, termination and adoption may be combined in the same petition.
   
   
4. Placement and post‑placement supervision. Once the child is placed with the adoptive family, a social worker makes follow‑up visits to ensure the child is adjusting and the parents are meeting their responsibilities. Post‑placement supervision periods vary but typically last several months.
   
   
5. Final hearing. After pre‑ and post‑placement requirements are met, the court schedules a hearing. A judge reviews reports and testimony, ensures all legal steps have been satisfied and signs the final decree of adoption. The decree grants the adoptive parents full legal rights and responsibilities for the child.
   
   

Rights of Birth Parents

Birth parents have legal rights that must be respected throughout the adoption process. They are entitled to informed consent and may have the opportunity to receive counselling about their decision. In Texas, consent must be signed after a statutory waiting period for newborns and cannot be coerced. Birth parents may revoke their consent within a specific timeframe or under circumstances where consent was obtained improperly. Understanding these rights helps ensure the adoption is legally sound and reduces the risk of future challenges.

Post‑Adoption Support

Adoption is not just about the legal process; it is about building a healthy, lasting family. After finalization, adoptive parents may need support in dealing with attachment issues, trauma history or questions about openness. A strong support network – including counsellors, adoption agencies and community groups – can help families navigate this transition.

Unique Considerations for Austin and Travis County

Adoption cases in Austin are heard in Travis County district courts. These courts may have specific local rules, such as standing orders regarding contact with birth parents or procedures for submitting home study reports. Our firm’s familiarity with the local judges, clerks and child placing agencies helps us streamline your adoption and avoid common pitfalls. Austin’s diverse population and booming technology sector mean that many adoption cases involve professionals relocating to Texas and navigating residency requirements. We guide families through local nuances, whether you are adopting privately, through foster care or from within your blended family.

Taking the Next Step

If you are considering adoption, the first step is to gather information and seek guidance from a knowledgeable attorney. Adoption law is complex, and each family’s circumstances are unique. Our firm offers confidential consultations to discuss your goals, review eligibility and help you understand the steps ahead. Whether you are pursuing a private adoption, stepparent adoption or adopting through the foster system, we provide compassionate representation from initial planning through finalization. By taking informed, deliberate steps now, you can build the foundation for a stable and loving family in the future.

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