Adoption information

Do I need an adoption agency?

     In Texas, there are two main reasons why you would need an adoption agency. First, to find a birthmother. Only licensed child-placing agencies can legally match you with a birthmother in Texas.

     The second reason you would need an agency is if the birthmother needs financial assistance. Although Texas law does allow private (a.k.a. independent) adoptions where you do not use an agency, only a licensed agency can provide financial assistance beyond a birthmother’s medical, legal, and counseling expenses. If your birthmother needs assistance with living expenses, you must involve a licensed agency immediately. It is a felony for you, the adoptive parent, to pay anything other than medical, legal, or counseling expenses on behalf of the birthmother. 

Do I need an attorney?

     Adoptions are complicated legal matters and it is recommended that any family considering adoption consult with an experienced adoption attorney. If you are working with an adoption agency, then the agency’s attorney may handle the legal work pertaining to the termination of the birthparents’ parental rights and perhaps even finalizing the adoption itself. However, the agency attorney represents the agency and not you. Some agencies only handle the termination of parental rights so you may need your own attorney to finalize the adoption. If you are proceeding with a private adoption, then you need an attorney to assist you with both the termination of parental rights and the final adoption.

When can the birthmother sign her relinquishment and can she take it back?

     The typical lawsuit for termination of parental rights s based upon the birthmother voluntarily giving up her parental rights, but she cannot sign her affidavit of relinquishment until at least 48 hours after the birth of the child. In an adoption stemming from a Child Protective Services (a.k.a. agency) case, the relinquishment is most likely irrevocable from the moment it is signed. In a private adoption, the relinquishment can be irrevocable for a period of up to 60 days, if the affidavit specifically provides for this. In such a case, the relinquishment would become revocable on day 61 if the birthmother’s rights were not terminated by the court before that time. If a period of irrevocability is not stated in the affidavit, in either a private or an agency case, then the affidavit is revocable for 10 days and becomes irrevocable on day 11.

What about the birthfather?

     If the birthmother is married or was married within 300 days of the child’s birth, then her husband would be the child's presumed father, whether or not he is the biological father. He also cannot sign an affidavit until 48 hours after the child is born. An alleged father, a man not married to the birthmother but claiming to be the biological father of the child, can sign an affidavit waiving his rights at any time. If a birthfather (alleged or presumed) does not sign an affidavit, you still must terminate his parental rights. If the birthmother does not who know the father is or where he is, a variety of steps can be taken to try to identify or locate him so that he can be served with notice of termination lawsuit. An experienced adoption attorney can assist you with this.

If I am not adopting through an agency, do I still need a home study done?

     Under the Texas Family Code, a pre-adoptive home screening (a.k.a. home study) should be completed before the child enters your home and is required in every adoption.

 How long do I have to wait to finalize my adoption?

     The Texas Family Code says the child should be in your home for a minimum of six months when the adoption is finalized. In a private adoption, the court may waive this requirement if all other prerequisites, including the post-placement supervision, are completed more quickly, but even then, it usually takes four to five months.