ADOPTION AND TERMINATION OF PARENTAL RIGHTS IN TEXAS

Adoption in Texas

When it comes to adoption of a child in Texas , the most common situation is a stepparent who wants to adopt a child and where the biological parent has either abandoned the child, has given up or relinquished their parental right to that child or is deemed unfit to be a parent that his or her parental rights are terminated with respect to that child or children.

Section 162.001 of the Texas Family Code allows for an adoption of a child if the adoptive parent has “standing” to adopt  and if:

b)  A child residing in this state may be adopted if:

(1)  the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;

(2)  the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;

(3)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or

(4)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

(c)  If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

Both Parents Required to Join in Adoption.

The “Petitioner” or the parent who wants to adopt, is married, then both spouses must join in the petition for adoption.  

Military Status of Adoptive Parent.

Moreover, the fact that the adoptive parent is a member of the U.S. Armed Forces, either in the active armed forces, Army National Guard or Reserve component of any military branch, should not be held as a negative factor or bar against that military adoptive parent.  See Section 162.0025 of the Texas Family Code.

Criminal Record.

In a suit for adoption it is required that the adoptive parent or parents provide a copy of their respective criminal record before adoption can be granted.

Residency Requirement.

It is also required that the child or children have had resided with the proposed adoptive parent for at least six (6) months before an adoption can be granted, unless a court of law grants a waiver of the 6 months residency requirement, if the court determines that it is in the “best interest of the child.” 

However, keep in mind that the child must be at least two (2) years of age before an adoption can proceed. Thus if the child is an infant, the adoption process could not take place until the child is 2 years of age.

Consent During Adoption.

It is also important to note that the written consent of the Managing Conservator to a child must be filed and is required.  Moreover, if the Petitioner who is adopting is the spouse of the parent of the child, the parent must join in the adoption, and therefore, further consent is moot.

Consent of Child Over 12.

A child 12 and older must also file his or her consent to the adoption either in writing or in court during the adoption hearing.

 6 Month Statute of Limitation.

The validity of an adoption may not be attacked if aft six (6) months from the date of adoption.

Combined Termination and Adoption.

Frequently in most cases for adoption, there is typically a combined termination proceeding.  It is recommended that both cases be combined so as to economically adjudicate both proceedings and expeditiously hear both cases.  In such cases, the court or jury will have to make two separate determinations.  First that it is in the best interest of the child that the former parent’s rights be terminated; and second that it is in the best interest of the child that the adoption be granted. 

Name Change.

The name of the child can be changed during the adoption process.  This is generally requested in the petition and granted by the court if the adoption is in the best interest of the child.

Parent-Child Relationship.

Keep in mind, that the granting of an adoption creates a parent-child relationship by law between the child and his or her new adoptive parent.  What this means is that the child becomes the legal child of the adoptive parent as if that child were the biological child of the adoptive parent, and is given all rights as a child of the adoptive parent including rights to inheritance and any other legal right of a biological child.

We serve the following States, Cities, Zip Codes and Counties:
Texas, Austin TX 78731, Georgetown TX 78626, Cedar Park TX 78630, Westlake TX 78746, Pflugerville 78660, Bastrop TX 78602, San Antonio TX 78248, Corpus Christi TX 78401, Harlingen TX 78550, Houston TX 77024, Waco TX 76701, Killeen TX 76540, Alamo Heights TX 78209, Hill Country Village TX 78232, Lakeway TX 78734, Southlake TX 76092, Lago Vista TX 78645, Dallas TX 75225, Ft. Worth TX 76177, Del Rio TX 78847, Laredo TX 78040, Eagle Pass TX 78853, Brownsville TX 78520, Edinburg TX 78539, El Paso TX 79901, Giddings TX 78942, Goliad TX 77963, Gonzales TX 78629,Helotes TX 78023, Hewitt TX 76643, Hutto TX 78634, Liberty Hill TX 78642, Burnet TX 78611, Katy TX 77450, Kerrville TX 78028, Kyle TX 78640, La Grange TX 78945, Laguna Vista TX 78578, Lampasas TX 76550, Las Colinas TX 75062, League City TX 77573, Lockhart TX 78644, Hutto TX 78634, Lubbock TX 79401, Lufkin TX 75901, McAllen TX 78501, Midland TX 79701, Nacogdoches TX 75961, Fredericksburg TX 78624, New Braunfels TX 78130, Odessa TX 79760, Pearland TX 77581, Pharr TX 78577, Pleasanton TX 78064, Port Aransas TX 78373, Port Arthur TX 77640, Port Isabel TX 78578, Port Lavaca TX 77979, Poteet TX 78065, Rockdale TX 76567, Rockwall TX 75032, Round Rock TX 78664, San Angelo TX 76901, San Antonio TX 78259, Schertz TX 78109, Seguin TX 78155, Seagoville TX 75159, Shavano Park TX 78231, Shreveport TX 71101, South Padre Island TX 78597, Sugar Land TX 77478, Sulphur Springs TX 75482, Sweetwater TX 79556, Taylor TX 76574, Texarkana TX 75501, The Woodlands TX 77380, Tyler TX 75701, Universal City TX 78148, Uvalde TX 78801, Victoria TX 77901, Waco TX 76701, West Lake Hills TX 78746, Wichita Falls TX 76301, Woodlake TX 75865, Woodlands TX 77381, Westlkake TX 76262, White Oak TX 75693, Zavalla TX 75980, Travis County, Williamson County, Hays County, Bell County, Bexar County, Anderson County, Bandera County, Baylor County, Bee County, Blanco County, Brazoria County, Brazos County, Bricoe County, Brooks County, Burleson County, Burnet County, Caldwell County, Cameron County, Collin County, Dallas County, Denton County, Ector County, Ellis County, El Paso County, Fort Bend County, Galveston County, Grayson County, Gregg County, Guadalupe County, Harris County, Hays County, Henderson County, Hidalgo County, Hunt County, Jefferson County, Johnson County, Kaufman County, Kerr County, Lamar County, Liberty County, Lubbock County, McLennan County, Matagorda County, Midland County, Montgomery County, Nueces County, Orange County, Parker County, Potter County, Randall County, Smith County, Tarrant County, Taylor County, Travis County, Val Verde County, Victoria County, Walker County, Webb County, Wichita County, Williamson County