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If you are interested in adoption, you likely recognize that it is a legally challenging process that is well worth the effort. The answers to the following frequently asked questions about adoption may help you with your own.
Because the adoption process can be lengthy, now is a good time to seek the skilled legal guidance of an experienced Round Rock adoption attorney and start on your journey toward growing your family.
What are the main requirements for adoption in Texas?
Adoption laws in Texas – like every other state – are complex, but the basic requirements for adopting a child in Texas include all the following:
To adopt a child, you must be at least 21 years old.
To adopt a child, you’ll need to demonstrate that you have the financial stability to support a child.
To adopt a child, you’ll need to fill out a comprehensive adoption application.
To adopt a child, you’ll need to share extensive information about your background and lifestyle.
To adopt a child, you’ll need to submit to a thorough home study.
To adopt a child, you’ll need to submit to a thorough criminal background check, and everyone in your household who is over the age of 14 must submit to a child abuse check.
To adopt a child, you’ll need to demonstrate that you are mature and responsible enough to provide them with the care they need.
To adopt a child as a married couple, you’ll have to show proof of your marriage, or if you were married in the past, you’ll need to show proof of your divorce.
To adopt a child, you’ll need to provide references from people who know you well but are not related to you.
Single people and married couples can adopt, but if you are married, you must adopt together. Further, as long as you meet all the criteria, your sexual orientation or gender identity will play no role.
Some additional laws about adoption in Texas include all the following:
Texas has what are known as Safe Haven laws that allow individuals to surrender infants anonymously – without fear of legal reprisal.
Open adoptions – in which the adoptive family and the birth parent or parents share information with one another and can remain in contact – are encouraged in Texas.
Any unlicensed advertising for adoption in the state is illegal.
A birth mother who is planning on putting their child up for private adoption is allowed to receive financial assistance during her pregnancy.
Consent for adoption at birth is given 48 hours after the baby’s birth.
If the child’s father isn’t listed on the birth certificate and if he doesn’t register with the Paternity Registry in Texas within 31 days, his consent isn’t required.
Adoption can’t be finalized in the state until there have been several home checks after placement.
How legally challenging is it to adopt in Texas?
Adoption is a careful legal process that involves many steps on the path forward, but the rewards are difficult to overstate. While there are complex legal matters and filings involved, a seasoned Round Rock adoption lawyer can help keep your case moving effectively and efficiently forward.
Is it easier to adopt as a child’s foster parent?
Many parents adopt their foster children in Texas, but it is only possible if the children become eligible for adoption, which means that both their parents have either lost or given up their parental rights.
The majority of foster children are not eligible for adoption and never become eligible for adoption, but fostering a child—in and of itself—is a worthy and rewarding pursuit.
There is a foster-to-adopt system in place that expedites the adoption process when a foster child becomes eligible. It amounts to dual certification for both fostering and adopting. If your foster child becomes eligible for adoption, biological family members are shown first preference, but foster parents are a close second.
Does a child’s relative have a better chance of adopting them than a non-relative?
The bottom line when it comes to adoption is that every case is as unique as the people involved and every case must be evaluated according to the specific circumstances involved.
One point that can be made here, however, is that the Texas Department of Family and Protective Services (DFPS) recognizes that, when a relative has already played a significant role in a child’s life, they are likely to provide the best home for the child moving forward. All things being equal, relatives are ultimately shown preference in Texas adoptions.
The adoption process is somewhat different for relatives, but the same home checks and investigatory efforts are still required to help ensure that the children’s best interests are always upheld.
How does private adoption differ from public adoption?
Private adoptions are both legal and common in Texas, and they involve their own complex web of legal issues. Considerations that you’ll need to keep in mind regarding private adoptions include all the following:
When and why the child’s biological parents’ rights will end
Which expenses you are allowed to cover for the birth mother during her pregnancy
When to file for adoption
How to comply with cross-jurisdictional concerns – if you’re adopting a child outside of Texas
How to maneuver the complex legal path forward
Understanding your rights and responsibilities when you have possession of the child prior to adoption is an important aspect of the legal process. Work closely with an accomplished adoption attorney from the start.
If I’m ready to adopt, how do I start the process?
If you meet all the requirements for adoption eligibility, you’ll begin the process by selecting an adoption source. This generally means either a public or private adoption agency, or you can work directly with your adoption attorney.
You’ll want to research the agencies carefully to determine which one is a good fit for you. From here, you’ll contact their office to obtain an informational packet that will provide step-by-step instructions. The steps break down into several basic categories.
Determining Eligibility
Before you can move forward in the adoption process, you’ll need to do everything required of you to determine your official eligibility, which includes being financially and emotionally stable.
Choosing between Public and Private Adoption
The next step is determining the kind of adoption you’ll pursue. In a public adoption, the Texas Department of Family and Protective Services takes custody of the child, and the adoption process goes through this agency. The biological parents, themselves, have no say in who ultimately adopts the child.
In a private adoption, on the other hand, you adopt from the biological parent or parents themselves, and they voluntarily give their baby up for adoption.
Public adoptions require the use of a licensed adoption agency, and most private adoptions go through licensed adoption agencies. However, you can adopt directly from the biological parents without using an agency in Texas – as long as you do so in accordance with all the applicable laws, which means working closely with an adoption attorney.
Partnering with an Adoption Attorney
Whether you are pursuing a public or private adoption, you should work with a skilled adoption attorney who is well-versed in the intricacies of Texas adoptions. If you are pursuing a private adoption, your focused adoption attorney can facilitate the entire process.
Having the Home Study
The home study for a Texas adoption is an exacting and lengthy process that includes interviews, careful documentation and legal paperwork, background checks, and a safety assessment of your home.
The person in charge of your home study is there to help ensure that you can provide a child with a stable home life and loving family. If there are any areas of potential difficulty, you can develop a plan to address the matter head-on and rectify it prior to placement.
The general documentation required includes all the following:
Your driver’s license or state-issued ID
The birth certificates and social security cards of everyone in your household
Your marriage certificate – if you are married
Proof of home, health, auto, and life insurance
Your medical records
A floor plan of your home – which may be hand drawn – that includes the dimensions and purpose of each room
Photos of your home, inside and out, as well as of your yard
A complete list of your previous residences and an accounting of how long you lived in each – for the past 10 years
Five references of people who aren’t related to you but who know you well – along with their contact information
You’ll also need to provide financial documentation that includes all the following:
Verification of your employment and pay
Financial statements that detail the resources available to you for supporting your family
Your current tax returns
Additionally, you’re required to draft and gather written statements that include all the following:
Your own autobiographical statement that shares a history of your life prior to adopting and relays how you chose adoption
References letters from those who know you well but are not related to you that address your character and qualities that make you well suited to parenting
Health statements from medical professionals that confirm your fitness to parent, which is especially important if you’ve been diagnosed with a mental health concern or are married and have had marital problems in the past
From here, we move on to clearances you’ll need to pass, which include:
State and federal criminal record check
FBI fingerprinting clearance
Sex offender registry clearance
Child abuse and neglect clearances – for everyone over the age of 14 in your household
The home visit itself will address all the following factors in relation to your home:
Overall safety
Overall sanitation
Age-appropriate childproofing
Searching and Matching
Once you've reached this point, you can move forward toward matching with a child through adoption profiles, adoption events, your adoption agency, or your adoption attorney.
From her, you move toward pre-placement visits, placement, post-placement supervision, legalization of the adoption, and acquisition of your child’s birth certificate.
How can an adoption attorney help?
Your adoption attorney can help in many important ways, including ensuring that the process goes as smoothly as possible and that the adoption is in full compliance with all state, federal, and international laws—as applicable.
Additionally, your adoption lawyer will focus on protecting your own and your adoptive child’s rights throughout the legal process.
Adoption is a nuanced legal matter, and your attorney will ably handle filing all the necessary legal documents, managing the legal timeline, assisting you in your document prep, and making important court appearances. Each of these tasks can play a primary role in the success of your adoption journey and should not be overlooked.
Your attorney’s role, however, is bigger than all this. Your attorney will help you become comfortable with the adoption process and help you better understand what is expected of you. This allows you to move forward with the peace of mind that comes from knowing you’re in good hands and are well-prepared to embark on this new chapter in your life.
It’s Time to Consult with an Experienced Round Rock Adoption Attorney
Adoption is a beautiful choice, and if you’re ready to embark on your adoption journey, the compassionate legal team at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas – is standing by to help.
Brett Pritchard is a focused adoption attorney with decades of impressive experience helping clients like you grow their families through adoption. He welcomes the opportunity to help you. To learn more about what we can do for you, please don’t put off contacting us or calling us at 254-781-4222 to schedule your free consultation today.