Adopting in Texas
In Texas, individuals looking to navigate the Texas adoption records and process must meet specific requirements, including being at least 21 years old.
In the state, prospective guardians complete a home study, which means a social worker will inspect the home, conduct interviews, and otherwise evaluate the home dynamic to ensure that the household and its members are ready.
Texas has closed adoptions and is considered a compromised state, which means that in order to retrieve an original birth certificate, there must be a court order. Texas is also a unique state in the sense that it allows the adoption of adults so long as they consent.
The Importance of Accessing Adoption Records
- Learn about birth parents
- Obtain medical information
- Gain peace of mind and a deeper understanding
There are many scenarios where people would want to access adoption records. For example, those who have been adopted may want to learn about their birth parents, understand their biological family tree, or obtain important medical information that is considered identifying.
Similarly, adoptive parents may find their child has more peace of mind when everything is out in the open. Having access to medical information behooves caretakers in case of emergency. However, Texas adoption records can be difficult to access in some cases.
Understanding Texas Adoption Records
What are Adoption Records?
Adoption records are documents that contain information about the adoptee and process.
There are several types of adoption records, including:
- Pre-adoption records: Information from home studies, consent forms
- Legal records: Orders and petitions from the court, including the adoption decree
- Placement records: Information about moving to the new home and matching
- Post-adoption records: Contact agreements and any other updates about the child
Adoption Records: Closed, Semi-open, Open
In the past, it was more common to have closed adoptions than it is today. After the adoption reform in the 1970’s, it became popular to keep records closed. The perspectives people had were quite different from what they are now. For example, even by the late 70s. many treated adoptees like they were younger than they actually were and felt sealing records prevented them from being confused. Now there is more of an openness surrounding the process. However, in certain states like Texas, there are still stringent laws.
There are 3 types of ways an adoption record can be: Sealed, semi-open, or open.
Semi-open adoption records place the agency between the two parties, meaning that the information is there, but that it is difficult for the two groups to contact one another. If you are looking for an adoption record from some time ago, this is something you may run into.
Today, adoption records are commonly open. In fact, approximately 90% of American adoptions today are open (American Adoptions).
Agencies Involved with Adoption Records in Texas
Two state agencies involved with adoption records in Texas are the Texas Department of Family and Protective Services (DFPS) and the Texas Adoption Resource Exchange (TARE). DFPS helps to oversee both foster care and adoption in the state. TARE makes profiles of children in the adoption system and can help match those children to families.
Other key players include private adoption agencies, as well as legal professionals and attorneys, who may help with anything from accessing records to filing petitions, offering advice, and so on.
Accessing Texas Adoption Records
How to Access Texas Adoption Records
When Texas adoption records are sealed by law, they become inaccessible to the general public. One would need a court order to open the records to gain medical information,
This also means that adoptees can receive a copy of the records, but this copy is redacted, meaning that certain information has been removed. Those adopted can’t receive their birth certificate unless they already know the names of their birth parents, which are listed on it.
Who Can Acess Texas Adoption Records
The following people can access a redacted (AKA de-identified) copy of a report:
- An adoptive parent
- A guardian, custodian, or other legal caretaker of a child
- An adult adoptee
“Adult Protective Services (APS), Child Care Licensing (CCL), and Child Protective Services (CPS) case records are confidential by law and released to people personally involved in the case, or those entities who need the record to carry out professional duties. These laws and rules also dictate when specific information must be removed (redacted) from the record before it is released” -DFPS
Direct descendants may or may not be able to access Texas adoption records because the state does not have specified descendants’ rights. However, there have been some cases where descendants successfully retrieved adoption records after the adoptee they are related to has passed.
Steps to Access Adoption Records
- To request access to the redacted/ de-identified adoption records, you must first first find out which agency placed the adoptee for adoption. This will determine who you contact next.
- To figure out how you or your adoptee was adopted, contact the CAR at 512-458-7388.
- Finally, fill out the necessary forms (Ex. 4884 or 4885), provide proof of identification, and pay the fees incurred
In some adoptions, information is recorded to VS also known as vital statistics. Through VS, you can receive a de-identified copy. In this case, you would submit the request to CAR. Keep in mind that if the adoptee would be calling in this scenario, they must be 18 or older to access the information due to confidentiality. It is also worth noting that there may be a fee in order to retrieve the records.
The overall best way to retrieve adoption records for Texas is via the CAR- the central adoption registry. However, if you were involved in an adoption and you already know which agency it was through, it would be best to contact that agency itself. From there, one would follow the agency’s guidelines to retrieve the documents.
To request a copy of sealed records for an adoption that was through the DFPS, you can start by calling (877) 764-7230. You can also visit the case records section of the DFPS Page.
In many cases, you will have to fill out your information based on whether you were in the foster care or adoption system, or if you were personally involved. This will determine if you will fill out a form 4884 or 4885 respectively if you are requesting records from the DFPS.
Be sure to have your ID at the ready as you fill out the necessary paperwork. Be aware that there are several small fees that may be incurred during the process. CAR registration costs around $30, and if you want a copy of an adoptive birth certificate, it will cost about $25. If any of the records are over 50 pages, there is another small fee as well.
Case Records and Confidentiality
You may request case records if you were involved. If this is the case, you can request the records from the court clerk’s office.
Keep in mind that Texas documents are very confidential, and can be difficult to access. There is also a difference between the process of gaining access to case records and administrative records. To learn more about case records and their confidentiality laws, refer to this page.
Adoption Birth Certificate: Texas
Understanding Adoption Birth Certificates in Texas
During an adoption, there are two birth certificates. The first is the original birth certificate. This one includes the adoptee’s name and birth parents’ name. The second birth certificate (Also called an amended birth certificate) has the adopted parents’ names on it.
How to Obtain an Adoption Birth Certificate in Texas
According to the DSHS, to obtain a birth certificate, you will need to:
- Find an attorney or district clerk to work with
- Complete the VS-106 form
- Send a $10 check addressed to DSHS
- Submit a finalized court order for adoption
You can find the VS-160 form here.
How to Obtaining an Adoption Birth Certificate: Q&A
Who can file?
Adoption agencies, adoptive parents/legal guardians, adult adoptees, or an attorney
Where do I submit the form?
You can either submit the form in person, or you can mail it to the office.
What if I need to correct my application?
While mistakes made on forms can be fixed, if you send in an application with an error, this will likely delay the retrieval of the birth certificate. When filling out the paperwork, take your time, and file very carefully. This will save you time moving forward.
Legal Considerations
Texas Law on Adoption Records: Are They Changing?
As we mentioned earlier, Texas adoption records are sealed by default. But recently, several changes have occurred in legislation involving Texas laws regarding adoption records. Over time, the rules have become more lax, and it is now easier than ever for adult adoptees to gain access to information about their birth parents.
Rights of Adoptees and Biological Parents
In Texas, adoptees have a right to information. While records may be sealed, adoptees have the legal right to de-identified information about their birth parents. In the state, birth parents may also consent and give the adoptee access to identifying information.
Texas also has something called a mutual consent registry, which allows adoptees and birth parents to register and consent. If and when both fill out the registry, information will be accessible. This is done through CAR, which we mentioned earlier. However, it is important to note that if only one party has filled out the registry, it will remain confidential.
Support Resources for Adoptees and Biological Parents
Resources for Accessing Records
To apply for a non-certified copy of an original birth certificate via DSHS: https://www.dshs.texas.gov/vital-statistics/birth-records/original-birth-certificate-adult
To Apply to CAR: https://www.dshs.texas.gov/vital-statistics/adoption-information/central-adoption-registry
To help retrieve a certified copy of an adoption record, visit the Texas Vital Statistics Office: dshs.texas.gov/vs/ or email this address [email protected]
To find which court finalized an adoption, visit the Texas Court System Website: txcourts.gov
Keep in mind that there are also many support services available for both adoptive parents and adoptees. Some of these statewide services include the Texas Family Foster Association and the Council on Adopted Children of Texas.
Organizations that Can Help
- TAR
- Nationwide non-profits
Texas Adoption Resources (Also known as TAR) is the biggest non-profit that assists with providing support for those adopted in Texas. Other nationwide non-profits like the CWLA, AFC, and AAC have also provided individuals with assistance accessing records, and can even spearhead nationwide adoption reform.
Texas Adoption Records: Conclusion
Adoption records and birth certificates can help adoptees be informed about their health and know where they come from. While adoptive parents make a house a home, there’s still something soothing about knowing your roots.
It’s Worth the Wait: Start Applying Today
While trying to access closed adoption records in Texas, you may feel like you don’t know where to begin or feel intimidated by the rigorous privacy laws. However, you should feel empowered to pursue your rights and take advantage of the resources which are out there.
Oftentimes, the best place to start is by reaching out directly to the state’s adoption agencies and relevant authorities. Keeping yourself informed about legal rights, and the changes that occur as time goes on will make your experience a bit easier.
After all, what better time to start the process than the present?
About This Author
Aleah Fitzwater
Aleah Fitzwater has a bachelor's degree in Instrumental Music Education PK-12. With her degree and experience in the classroom (alongside teaching private music lessons) she has developed a rich connection to children. Through the arts and educational psychology, Aleah learned to connect with pupils in a unique and vulnerable way. She is currently a freelance blogger,musician, andprivate online music educator.
