Adoption

There is no act of charity greater than the adoption of a child. Since 1987 the annual number of children who were adopted has hovered between 118,000 to 127,000. In Texas in 2005 there were over 10,000 children in foster care that needed stable loving homes. There were over 115,000 nationwide. In 2004 a little over 2,500 children in Texas were adopted through a public adoption agency. Although many adoptions are stepparent adoption, a few people adopting internationally and an even smaller amount seeking surrogacy, there are still a lot of children in Texas who are in need of loving homes.

In the U.S. the laws governing an adoption case are the ones in which the child resides and it is considered a private legal matter. Whether you are adopting a child internationally, across state lines or right here in Texas, it is imperative that you seek sound legal advice from a family law attorney. In Texas, adoption is covered under family law.

What Adoption Is

Adoption is when the rights and obligations of the birth parents of a child are severed either voluntarily or through legal intervention and those rights and obligations are accepted by the adoptive parents. Once the adoption is final, birth parents have no responsibilities connected to the child and generally speaking, the child has no inheritance rights from the birth parents. Adoptive parents are expected to provide for the health, welfare and education of the child. Wills and trusts can change inheritance rights but if the parents of an adopted child die without a will, the adopted child will have the same legal rights to the estate as any blood-related child. In Texas, adoption cannot be limited, denied or delayed due to race or ethnicity. Mixed ethnicity adoptions are legal.

Adults Can be Adopted

It is also legally possible for one adult to "adopt" another adult. Sometimes people with long emotional ties will do this to ensure inheritance and for other reasons. The adult to be adopted must give his or her consent to the court in writing. Using a family law attorney can ensure that this type of adoption is done properly.

Adoption and CPS

There are private adoption agencies and adoptions performed through Child Protective Services or CPS. Private adoption agencies tend to work with newborns. CPS works with children of all ages. Private adoption agencies are required to be licensed as a "child-placement service" through the Residential Child Care Licensing branch of The Department of Family and Protective Services. During a consultation with a family law attorney, you can discuss what questions you should ask your adoption agency to ensure that they are legitimate and properly licensed.

Private Adoption Agencies

An adoption does not have to go through an agency, however. There are private adoptions where the birth parents and the adoptive parents work through family law attorneys. This type of adoption is commonly called an independent adoption. When dealing with an independent adoption you must keep in mind that it is illegal to pay someone or a broker a fee for the child but it is perfectly legal to pay for the birth mother's medical and legal costs. When dealing with a situation like this, it is important to note that the birth parents have 48 hours after the birth of the child to change their mind about the adoption. Once the final paperwork has been signed, there is no way to revoke the adoption. In some states, the birth parents may have up to eight days to change their mind about the adoption. If you are adopting a child outside of the state of Texas, be sure to ask your "family law attorney" about the laws where the child was born.

Challenging an Adoption

Even after an adoption has been finalized, it is possible for an adoption to be challenged. Birth parents may be able to challenge an adoption if the adoption was the result of fraud, coercion or duress. Adoptive parents may challenge an adoption on the grounds of fraud if, for example, they are presented with what they were told was a healthy baby but in reality was terribly ill. These challenges tend to be very difficult to prove.

General Adoption facts:

1. In the case of rape or incest, the permission of the father is not necessary for adoption.
2. If the child is at least 10-14 years of age, the child may be required to give their consent for adoption.
3. An open adoption may allow the birth mother to visit her child throughout the child's life.
4. Once an adoption is finalized, the records are sealed to protect the privacy of the birth and adoptive parents. In recent years, some states have allowed adopted children to work with a third party to find out if the birth parents would like to be contacted.
5. In the state of Texas, gays and lesbians are allowed to adopt children but Lambda Legal states there is "some hostility" in the courts.
6. Second parent adoption has been granted in some Texas counties.
7. The rights of biological grandparents are terminated when the adoption is finalized.
8. The child's original birth certificate is sealed and filed and a new birth certificate is issued.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

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