How to Adopt a Child in Texas

In adoption, a child is not given up. A birth mother gives life, a child a family, and unconditional love. She gives a part of her heart that will never feel whole. She gives another mother a part of her heart that was always missing. An adoptive mother gives a life and family to this child. She gives unconditional love. She gives a part of her heart to another mother. Yes, give a lot—just never give up. – Tena Cooper

How to Adopt a Child in Texas: Adopting a child is a whole lot of responsibilities that could bring joy and happiness to a family or an individual. It is also a life-changing decision. The adoption process in Texas is overseen by specific laws and steps created to ensure the best interests of the child and provide support for potential parents. Whether you are adopting an infant or a grown child through the foster care system, having a perfect understanding of the legal requirements, timeframes, and emotional considerations is very important. Adopting a child is a monumental decision, and the process involves much more than signing a few papers. The termination of parental rights by the biological parents is necessary for all types of adoptions. The court might grant the adoption for relatives and stepparents if only one biological parent terminated their rights or if the adoptive parent cared for the child for a specific time.

This article will give you a clear insight into how to adopt a child in Texas, the types of adoption in Texas and the key stages you will have to go through in adopting a child in Texas, from initial preparation to finalizing the adoption in court.

How to Adopt a Child in Texas

Types of Child Adoption in Texas

There are numerous types of adoption in Texas. Learning about all of them will help you to choose the path that’s right for you as an individual or for your family. The type of adoption depends on your circumstances:

• Private domestic adoption
• Relative adoption
• Stepparent adoption
• Foster care adoption
• International adoption

1. Private Adoption

This is usually the most common adoption option for families looking to adopt an infant. The potential adoptive parent will work hand-in-hand with an adoption agency approved by the Texas Residential Child Care Licensing (RCCL) department. This agency will be in charge of conducting a home study and beginning the search for potential matches for adoption. Out of all the different types of adoption in Texas, private infant adoption is the best way to adopt a newborn.

With a private domestic adoption, you would work with a professional to adopt a newborn in Texas. The private adoption agencies provide options for both domestic and international adoption. The laws may differ for international adoption procedures, so having an experienced adoption attorney in your corner can help you stay on top of the legal requirements.

2. Relative Adoption

In some cases, relatives such as grandparents, aunts, and uncles take over a child’s care when their biological parents are unable or unwilling to take responsibility. Normally, one or both parents need to terminate parental rights before an adoption is possible. However, if the child has been in your primary care for a significant amount of time, you may still be able to adopt them legally.

Adopting a child with or without parental consent requires the court to decide whether it is in the child’s best interest. Contact our adoption lawyers to learn more about the termination of parental rights and how it can be a legal hurdle for adoption.

3. Stepparent Adoption

Stepparent adoption is a big step for a blended family. The process starts with you and your spouse petitioning for the adoption and having the biological parent without custody terminate their parental rights. If the child is over 12 years old, you’ll also need their consent before you can adopt them. Even though stepparent adoptions are not like other types of adoptions, every stepparent must understand what is expected of them. Stepparent adoptions can be very straightforward because of the preexisting bond between the adoptee and the stepparent.

Sometimes former stepparents can adopt a child after providing care for at least 6–12 months before filing for adoption. The requirements depend on whether one or both biological parents have terminated their parental rights. You may need to go to court with the help of an adoption attorney.

4. Foster Care Adoption

Adopting through foster care is possibly the most challenging route to adoption, though perhaps the most rewarding. Most children in foster care will be older kids who came from high-risk environments where they experienced abuse or neglect. Whether you are the foster parent or adopting a child out of foster care, there could be a significant waiting period before the adoption is possible.

The purpose of foster care is to provide a child with a safe, temporary home while a state judge decides whether a child’s biological parents can parent them again. The court will require background information on the child and the adoptive parents, including records on the child’s health and education and a criminal history report on the parents seeking the adoption.

5. International Adoption

This is the process of adopting a child or children from another country. Adoptions across international borders are among the most challenging for obvious reasons. The first step in international adoption is usually contacting an adoption agency in the country where the child lives. International adoption agencies usually ask prospective parents to make multiple trips to the country before they are deemed suitable parents.

A child born outside of the United States will also need a visa to enter the country. The visa application process alone can be incredibly challenging and discouraging for parents seeking to adopt internationally. The Hague Convention on Intercountry Adoption must also be followed for any international adoption to be legal.

The Difference Between Child Adoption and Child Custody

Child adoption disconnects the relationship between the biological parent and the child. It terminates the parents’ rights to that child forever. And the child automatically has full inheritance rights to the adoptive parents. If an adoptive parent dies without a will, the adopted child generally inherits as if they were a biological child. They no longer have any financial obligations to the child, no rights to see the child, no rights to stay in touch with the child, etc. This is not the case in a conservator-child relationship (unless a will says otherwise).

Unlike child adoption, child custody does not sever either parent’s parental rights to the child. If a father failed to seek custody—primary or physical—of the child, the mother or other parent would still have custody rights to the child, such as visitation, etc. Sometimes a court gives custody (conservatorship) of a child to someone who is not the biological parent through a Suit Affecting the Parent-Child Relationship (SAPCR).

What is Child Protective Services (CPS)?

Child Protective Services (CPS) is a governmental agency responsible for investigating reports of child maltreatment, determining whether child abuse or neglect has occurred, and intervening to ensure a safe environment for the child. Child Protective Services can also supervise adoptions. Children in these adoptions have been removed from their previous homes because their parents lost their parental rights. Neglect, abuse, or abandonment are common causes of termination of parental rights.

The child is temporarily placed with a foster home after CPS successfully petitions the court to terminate parental rights. A child may be permanently placed with a family in certain circumstances.

Criteria to Meet for Child Adoption in Texas

Prospective parents must meet various criteria to adopt, and it is essential to note that marriage isn’t a requirement:

• Parents must be at least 21 years old.
• Parents must be in good physical and mental health.
• Parents must pass a criminal background check.
• Parents must have the financial means to support the child.
• The adoptive parents must be married for at least two years if married.

Background Checks and Home Study Requirements for Prospective Adoption Parents

All prospective adoptive parents in Texas must pass a criminal background check and child abuse registry screening. A home study is also required to evaluate the adoptive parents’ living environment, financial stability, and overall readiness to care for a child.

The home study process typically involves:

• Interviews with all household members
• A review of financial records and employment history
• A physical inspection of the home to ensure it is safe and suitable for a child

These steps help verify that the adoption is in the child’s best interest and that the adoptive parents are prepared to meet their responsibilities.

The Process of Adoption in Texas

Filing the Petition for Adoption
The adoption process in Texas begins with filing a petition with the appropriate court. This document formally requests legal recognition of the adoption and outlines the adoptive parents’ intent to assume parental rights and responsibilities.

The petition must include:

• The adoptive parents’ personal information
• Details about the child being adopted
• Confirmation that all legal requirements, such as background checks and home studies, have been completed

Rights of Birth Parents in the Adoption Process

For an adoption to proceed in Texas, the child’s birth parents must provide legal consent. Consent involves signing a document that voluntarily terminates their parental rights. Texas law requires this consent to be:

• Signed at least 48 hours after the child’s birth for infant adoptions
• Given freely without coercion or pressure

In cases where the birth parents cannot be located or their rights have been terminated due to neglect or abuse, the court may waive the consent requirement.

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Post-Placement Support

The adoptive placement is not the end of the journey; it is a lifelong decision that comes with emotional challenges and rewards. Post-placement support services are available to help birth mothers adjust to life after adoption. Post-placement support is crucial for birth mothers who have chosen adoption. These services may include:

• Counseling and mental health support – Adoption-related grief is normal, and professional counseling can help process emotions healthily
• Ongoing communication (if applicable) – If you choose an open or semi-open adoption, you may receive updates and maintain contact with the adoptive family
• Financial support (where applicable) – Some agencies offer post-placement assistance to help with transition-related expenses

Finalization of Adoption Process

An attorney will arrange a court date to finalize the adoption. This involves completing all necessary legal paperwork, including obtaining a new birth certificate for the child with your name listed as the parent. Once the adoption is finalized, the child becomes a legal member of your family.

Final Words

Adoption is not always easy, but it is well worth the effort when you have realized your dreams of becoming a parent. The adoption process in Texas can be complex and overwhelming, but it can also be a wonderful way to complete your family. By understanding the legal requirements and the steps involved in the adoption process in Texas, you can ensure that your adoption journey is a success.

Contact Our Adoption Attorneys in Texas Today

To learn more about the adoption process and your options, you can contact the adoption attorneys at Mokolo Law Firm. We will give you objective advice about what is best for you and how the legal process works. Our skilled adoption attorneys have helped many prospective parents adopt over the years. We are deeply familiar with the legal requirements of the adoption process in Texas, and we’re well-positioned to help you bring your family together in the way you envision.