When you answer the call to become an adoptive parent, you may be ready to jump in feet first. However, there are a lot of decisions you will need to make and legalities to understand and navigate in order to reach your end goal of adoption. It’s important to understand the adoption laws in Texas while you prayerfully begin the process.
Therapeutic Family Life is here to help you navigate the challenges that may come your way, as well as give you clear and comprehensive details on Texas adoption laws so that you can feel prepared and confident as you began this somewhat arduous, yet beautiful, journey.
General Requirements for Adoption in Texas
Adoption laws in Texas give basic requirements for any type of adoption you may be considering. First, you must be at least 21 years old. Second, you must be able to provide a permanent home for a child, so your housing situation must be stable. Third, there is no marital status required, however, if you are married, then you must provide proof of marriage (or proof of divorce if you have been previously married). You will also need to show you are financially stable and give evidence of consistent income.
In addition to submitting an application, you will also need to provide relative and non-relative references, participate in a home study, which will include all household members, and submit to a complete criminal history background check and an abuse/neglect check on all adults in the household.
There is also free training you to help prepare you for the future. Remember, while adoption can be a wonderful thing, there is also a lot of pain, trauma, and grief that goes along with it.
See https://tflife.org/navigating-identity/ for an inside look on one of the struggles adoptees may face.
Training gives families an opportunity to prepare for adoption, as well as a glimpse into some of the more difficult realities, so you can feel truly prepared.
Types of Adoption in Texas
Three types of adoption to consider are: Domestic Adoption, Interstate Adoption (ICPC), and International Adoption.
- Domestic Adoption takes place within the United States. It can be more straightforward if the adoption occurs within the same state. When doing domestic adoption, you can either go through foster care or private adoption, and it’s important to know the different obstacles and benefits of both options. To learn more see https://tflife.org/foster-care-vs-adoption/.
- ICPC Adoption is a form of domestic adoption, but it is when the child lives in a different state than you do. In addition to state adoption laws there are also a few federal laws to consider, and ICPC is the law that protects children who are moved across state borders for foster care or adoption. There are several rules with ICPC, including that adoptive parents must stay in the sending state until given clearance.
- International Adoption is adopting outside of the country. In order to do an international adoption, you must be a citizen of the United States, 25 years old if unmarried, and submit to other requirements such as fingerprinting, a home study, and a criminal history check.
Parental Consent and Termination of Parental Rights
At the core of every adoption is the need for a child to be cared for and loved by non-biological parents. The way for that to happen is for the birth parents to either give parental consent or for their rights to be terminated.
Adoption laws in Texas require that, in order to give parental consent to adoption, both birth parents need to voluntarily relinquish their rights through a formal legal document. If one of the parents won’t agree to relinquish their rights then the process of termination must be made for the parent who doesn’t consent.
Texas adoption laws also allow for terminating parental rights when it is the best thing for the child. This is often due to neglect, abuse, or abandonment. For example, if a biological mother is willing to surrender legal rights and wants to put her baby up for adoption, but the father won’t agree or isn’t able to found, then there are child abandonment laws that can allow for an absent father’s rights to be terminated. Other cases of terminating parental rights may occur when the judge rules the biological parents have committed one or more violations of § 161.001(1) of the Texas Family Code, and termination is in the best interest of the child (see https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.HTM). These cases are brought to the court by Child Protective Services.
It’s important to note that there are some instances in which consent can be revoked. Adoption laws in Texas allow for the birth parents to change their minds up to 10 days after consent is signed. After that time, consent is irrevocable unless the court finds evidence of fraud, coercion, or duress, according to Section 161.103 of the Texas Family Code.
Texas adoption laws also allow for parents who have had their rights revoked to petition to reinstate their parental rights according to Texas Family Code § 161.302(a). However, once a child has been legally adopted, or is the subject of an adoption placement agreement, then parental rights cannot be reinstated.
Open vs. Closed Adoption in Texas
Adoption laws in Texas allow for both open and closed adoption agreements, and what may be the best decision for one case, may not be the best decision for another. It’s important to know the differences and prayerfully consider what is personally best for the child you are adopting, and for your family.
An open adoption means it is open to a relationship with the birth parents. In open adoptions you can talk to birth parents, send them updates and pictures, and even allow them to still be part of the child’s life. There is also an option to have a semi-open adoption, which means there is still communication but it is all mediated by an adoption professional.
However, there are some instances where it is in the child’s and adoptive family’s best interests to have a closed adoption. There are also cases where birth parents choose to have a closed adoption for their own personal reasons. In a closed adoption there is no contact between the adoptive family and the birth family, and no opportunities for the child to connect with their birth parents at a later date.
In a private adoption, it is up to the birth mother whether they would prefer an open or closed adoption. In a public adoption, one that is done through foster care and parental termination, it is often up to the adoptive parents and/or the court.
Post-Placement Requirements and Adoption Finalization
Once a child has been placed with you, there are still a few more requirements before the adoption is finalized. There will be post-placement visits by your social worker, who will usually schedule your first visit two to four weeks after placement. There are normally five post-placement visits needed for Texas adoptions, but the number will vary depending on several factors such as the type of adoption, the agency/attorney you’re working with, and the state in which your child was born. For instance, if you are doing an ICPC adoption where the child was born outside of Texas, then the post-placement visits will depend on that state’s guidelines instead.
During these visits your social worker will observe the family interactions with the child as well as make sure the home meets all the necessary requirements. The goal is to make sure everyone is adjusting well, and all of the child’s needs are being met.
Once the post-placement visits have been completed your social worker will submit their report to be reviewed by a judge.
After the judge has reviewed everything and determined all requirements have been fulfilled, they will schedule a final hearing. Your local district court will handle this process and the adoption finalization hearing, which is when the judge will issue the final decree of adoption and the process is officially completed. Hooray!
Special Cases: Stepparent and Relative Adoption
Sometimes there are unique circumstances surrounding adoption such as a relative or stepchild adoption. If you have a grandchild, niece or nephew, cousin, sibling, or other family member who is in need of being adopted, then you can step up to ensure the child stays in their biological family. In cases where CPS is involved, biological family members will get preference for fostering and adopting.
Likewise, if you are a stepparent and your stepchild’s other birth parent does not have parental rights, then you and your spouse can petition for a stepparent adoption.
In both relative and stepparent adoptions, you still have to meet all the legal requirements and go through the adoption process as outlined earlier. However, approval for relative adoptions tend to be smoother, and children can be placed with a relative even quicker in emergency situations, as long as there are no safety concerns.
Legal Assistance and Resources for Adoptive Parents
Adoption can sometimes be costly, but it’s important that you have the representation that you need to navigate the process. Remember Therapeutic Family Life can help you throughout your journey of adoption, so you’re not alone in figuring it all out.
There are also legal resources such as TexasLawHelp.org, which is a non-profit organization managed by the Texas Legal Services Center, that provides free legal services to underserved residents of Texas. You can also apply for legal aid based on your income, residency, and other factors.
The Texas Department of Family and Protective Services (DFPS) also has an adoption assistance program that can help offload some of the costs associated with adoption of a child with special needs. The reason for this is to support an adoption of children with special needs who may not otherwise be adopted. However, adoption laws in Texas require that DFPS first try to find an adoptive home without the need for assistance, unless doing so is not in the child’s best interest.
The benefits provided by the assistance program include support for medical needs such as supplies and equipment; reimbursement for expenses necessary and directly related to the adoption process, such as legal fees, up to $1,200 per child; and monthly payments based on the child’s needs to help after an adoptive placement.
Texas adoption laws also include post adoption services in some circumstances. All families of children adopted through DFPS can get post adoption services to help adjust, cope with traumas, and keep the child in the adoptive family setting. Some of those services include parent groups and programs, counseling services, respite care, and crisis intervention.
Visit https://www.dfps.texas.gov/Child_Protection/Adoption/adoption_support.asp for a list of post adoption service providers by region.
You can also visit the DFPS website for more information on assistance programs and how to apply at dfps.texas.gov.
Texas Adoption Laws Takeaway
While the road to adoption isn’t easy, and the journey even after adoption is still hard (welcome to parenthood!), it is all worth it to answer the important calling God gives you to care for a child in need. But, because there is so much to navigate, it’s important to get assistance from professional agencies such as Therapeutic Family Life.
We can help you navigate your own unique situation and how to apply the adoption laws in Texas to your specific circumstances. Contact us today and we can help you take the first step in your adoption journey.
Jillian Richstone is a freelance writer, former paralegal, and former community journalist. She also has a degree in Creative Writing and Literature from Mercer University, and a paralegal certificate from UGA. Jillian also had the privilege of serving as a foster mom and has a passion for children in need of loving families, as well as birth families in need of support. Her personal experiences in fostering, along with raising three biological children, have shaped her deep understanding of the challenges and joys that come with parenting and caring for children. She writes extensively in the Children and Parenting space, offering insight and encouragement to parents, foster families, and caregivers. Jillian has been happily married to her husband, Robert, for 13 years, and above all else, she is a follower of Jesus, aiming to share His love with others through her writing and work.About This Author
Jillian Richstone
