Texas Adoption Attorneys

Adopting a relative like a grandchild, niece/nephew, or cousin is considered a relative adoption. While many families enter into kinship care relationships informally, a legally binding relative adoption requires the termination of parental rights of both parents before beginning a standard adoption process.

Stepparent adoptions, occurring when a new spouse petitions the court to become a legal parent of their child(ren) by marriage, is the most common type of adoption in the United States. If both primary parents are still living with parental rights intact, the rights of one parent must be terminated before the process of a stepparent adoption can be initiated.

Separate from a foster, or public, adoption of a baby, infant adoptions are usually private adoptions formed through an agreement between birth parents who are voluntarily relinquishing their parental rights and the adoptive parent or parents. Ethical and compassionate adoption attorneys play a key role in protecting the rights of the birth family, the adoptive family, and the child involved in private adoptions.

Adopting a child out of foster care is considered a public adoption. An adoption attorney can help foster parents navigate Department of Family and Protective Services requirements. Adoption attorneys also represent foster parents’ positions at case conferences, appeals hearings, and court appearances.

International adoptions are governed by strict state, federal, and international regulations. It is best to choose a Texas adoption agency that is Hague-accredited and licensed to execute adoptions in the country you have selected. Many agencies purport to handle all the paperwork related to an international adoption, but we recommend families pursuing adoption from outside of the United States also engage an adoption attorney to ensure all citizenship requirements are met. Once you are home with your child, it is also beneficial to go through a readoption process. An international “readoption” is when a Texas court issues an order that gives your child a US-issued birth certificate and creates a clear record of your child’s US citizenship and your parent-child relationship.

Texas law now allows married LGBTQIA+ couples to follow the same adoption processes as heterosexual couples, regardless of the type of adoption. This includes surrogacy and the adoption of a partner’s biological child(ren). If you and your partner are not married, it is likely you will have to adopt as two single people jointly adopting the same child(ren) with a six-month gap between the finalization of one parent’s adoption and the beginning of the second.

To give children eligible for domestic adoption the best chance of finding a stable, caring home regardless of where they live, all 50 states, the District of Columbia, and the US Virgin Islands are part of the Interstate Compact on the Placement of Children (ICPC), an agreement that ensures the stability and protects the rights of adopted children regardless of which state they were born/placed in. The ICPC establishes uniform processes for adoption across state lines, but each state still has its own unique regulatory requirements that require the attention of an experienced adoption attorney.