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Texas Adoption Law FAQs: Understanding the Adoption Process in Texas

What Are the Adoption Laws and Requirements to Adopt a Child in Texas?

Texas adoption laws, like those in other states, are complex, but some of the major stipulations include:

• Adoptive parents must be at least 21.
• Demonstrate that you are mature and responsible
• Have stable finances
• Fill out an adoption application
• Provide information on your lifestyle and background
• Supply references
• Have a home study completed
• Show proof of marriage or divorce when applicable
• Agree to a criminal background check as well as child abuse checks for any other adults living in the household
• Single and married individuals of any sexual orientation or gender identity can adopt, given that they satisfy criteria like financial stability, background checks, and a home study.

Other important details to know:

• Texas has Safe Haven laws for the anonymous surrender of infants.
• Birth mothers can receive financial assistance during pregnancy.
• Consent for adoption is given 48 hours post-birth. If the father is not listed on the birth certificate and does not register with the state Paternity Registry within 31 days of the birth, his consent isn’t needed.
• Open adoptions are encouraged.
• Unlicensed advertising for adoption is prohibited.
• After placement, several home visits are required before the adoption is finalized.

Is it Difficult to Adopt in Texas?

Adoption is a rewarding but complex process that involves numerous steps, meetings, and legal filings to complete. However, working with a skilled adoption attorney can help to ensure that the process proceeds as smoothly as possible.

Is It Easier for Relatives to Adopt Children Than Non-Relatives?

Whether or not adopting a relative is any easier will depend on the circumstances surrounding the specific case. The Texas Department of Family and Protective Services does recognize that relatives who have already played a significant role in the lives of children can often provide the best homes for them. But, even though the process differs from other adoptions, full investigation and regular follow-up are still required to ensure that a home meets the best interests of the children.

Do Same-Sex Couples Have an Easier Time Adopting Children Than They Used To?

Although marriage equality is real, the laws and forms pertaining to same-sex adoptions are lagging, though changes are expected to come in the future. It’s also important to note that even if one parent is biologically related to the child, only the person who gave birth to the child will be presumed to have parental rights, meaning that same-sex parents will usually need to pursue a second-parent adoption to ensure that both are the child’s legal parents. It’s best to work with an experienced attorney to help make sure that everyone’s rights are fully protected under Texas law.

Can You Adopt From Foster Care in Texas?

Yes. Adopting a child from foster care is allowed in Texas. In order to adopt through the foster care system, perspective foster parents must complete regulated foster parent training and licensing.

Learn More About Becoming a Foster Parent

How Much Does it Cost to Adopt a Child in Texas?

The cost to adopt a child in Texas can vary significantly based on several factors, such as the adoption agency you use and whether or not the child is a U.S. citizen. Due to this, the cost of adoption can range anywhere from $5,000 to $40,000 or more.

Does Texas Allow Private Adoption?

Yes. Private adoption is a legal and popular choice for those adopting children in Texas.

What Does a Private Adoption in Texas Involve?

Private adoption involves resolving complex legal issues. Things to consider include:

• How and when the biological parent’s parental rights will come to an end
• When and where to file for adoption
• What expenses can legally be paid to the birth mother
• For a child born outside of Texas, how to comply with that state’s adoption laws as well as Texas law

It’s crucial to understand your rights and obligations while you have possession of the child and before the adoption is final, so it’s a good idea to consult an attorney who can help you with this process.

How Much Does Private Adoption Cost in Texas?

Similar to other adoption processes, the cost of private adoption can vary due to numerous factors. On average, however, private adoption costs are typically around $60,000 to $65,000.

How Do I Start the Adoption Process in Texas?

If you’ve decided to adopt a child and know that you should be eligible to adopt under Texas law, you’ll need to start by finding somewhere to adopt a child from. Often, this will mean choosing an adoption agency that’s right for you. Several types of agencies are available, including both private and public agencies, and it’s a wise choice to research them all thoroughly. After you’ve selected an adoption or foster agency, contact their office and request more information. They will provide you with an informational packet outlining their step-by-step adoption process.

What Are the Steps in the Adoption Process?

The general steps for adopting a child in Texas are:

1. Determining Eligibility: Ensure that you meet the Texas adoption requirements, including age and financial stability.
2. Choosing an Adoption Type: Decide on a private, state, or international adoption.
3. Contacting an Adoption Agency/Attorney: Partner with a licensed agency or a specialized attorney.
4. Information and Training Sessions: Gain insight into the adoption process and challenges, especially if you’re pursuing a foster care adoption.
5. Having a Home Study: Undergo a review of your living situation, background, and readiness to adopt.
6. Searching and Matching: Work on being matched with a child through profiles, events, or agency/attorney assistance.
7. Pre-Placement Visits: Have transitional visits, especially in foster-to-adopt cases.
8. Placement: Have the child placed in your home with agency support.
9. Post-Placement Supervision: Undergo periodic checks over about six months to monitor the child’s adjustment.
10. Legalization of Adoption: Finalize the adoption in court with an attorney.
11. Acquiring a New Birth Certificate: Request a post-adoption birth certificate for the child.
12. Post-Adoption Support: Use available post-adoption resources and support services.

How Long Does Adoption Take in Texas?

The length of the adoption process can range from six to 18 months, depending on the type of adoption you’re pursuing and the circumstances of your specific situation.

What Do Adoption Lawyers Do?

Adoption lawyers are responsible for protecting the rights of everyone involved in the adoption process, including birth parents, adoptive parents, and adoptees, and ensuring that an adoption complies with all state, federal, and international laws. An adoption attorney will file legal documents, assist in document preparation, make court appearances, and manage legal timelines, tasks that are critically important in contested or complex adoptions.

Adoption attorneys do not identify potential adoptees or do the job of social workers, like completing home studies or providing counseling services.

Do You Need a Lawyer to Adopt a Child in Texas?

You are not required to hire an attorney to adopt a child in Texas. However, hiring an adoption lawyer can be highly beneficial, as adoption is a lengthy and complicated process. Adoption attorneys are familiar with the steps involved and can provide guidance to ensure that your adoption proceeds smoothly.

What Are Uncontested vs. Contested Adoptions?

Uncontested adoptions occur when biological parents willingly consent to an adoption or if a biological parent cannot be located, is declared an unfit parent, or is not regularly involved in the child’s life. In contrast, contested adoptions occur when one parent wishes to place their child for adoption and the other wishes to retain parental rights. Contested adoptions can occur with infant adoptions, after a divorce, or during a state-initiated welfare adoption.

Using an adoption attorney may reduce the risk of a contested adoption by ensuring thorough research and preparation before proceedings begin. If an adoption becomes contested, a family law attorney with a background in adoption law can guide you through the additional hearings and court appearances that will be required.

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