While it can take a team of people to raise a child, children can only have one set of legal parents or guardians under the law. The adoption process allows an adult to become the formal, legally recognized parents of a juvenile despite not being their biological parent. The circumstances where adoption is allowed under the Texas Family Code can vary. Once finalized, the adoptive parents assume full parental duties, and the child gains the same rights as if they were the biological offspring of the adoptive parent. This includes rights to inheritance. 

When is Adoption Possible?

There are several situations where adoption is possible. The most common example is stepparent adoption when the spouse of a biological parent legally adopts a child from a previous relationship. In this scenario, the rights of the parent not involved in the new marriage must be terminated before a stepparent can adopt.

Adoption is also possible with parental consent. If parents feel they are unable to care for their child, they have the opportunity to place that child for adoption. As part of this process, they must terminate their parental rights forever.

What are the Requirements for Adoption? 

There are also requirements for the person intending to adopt. The prospective adoptive parent must be 21 years of age or older and have the financial stability to raise a child. When they pursue adoption, they must show they have the maturity to care for a juvenile and provide references.

An attorney can assist with every aspect of this process, from preparing the paperwork to documenting the completion of training sessions on neglected or abused children. Having the support of legal counsel can also ensure that critical mistakes are avoided along the way.  

Rights of Biological Parents 

Texas law does not allow joint parental rights between an adoptive parent and the biological parent. Therefore, the latter’s rights must be terminated. This can be done voluntarily or involuntarily. The biological parent’s can consent, such as in situations where they do not feel like they have the financial and/or emotional resources to take care of the child. Termination may also be involuntarily, such as when a court determines it is in the child’s best interest to terminate those rights. Often parental rights are involuntarily terminated when there is a finding of abuse, neglect, or abandonment. 

Steps in the Texas Adoption Process

File for adoption: Adoption requires first filing a petition with the court. An experienced adoption attorney can assist with drafting and submitting the required documents. 

Connect with an adoption evaluator: The evaluator will conduct a home study to evaluate your suitability to adopt. Before the home-study begins, they will send you a list of required documents to fill out as well as instructions for obtaining fingerprints.

Schedule the home/visit interview: The caseworker with your home and ensure it is a safe and suitable place for the child. They will also interview family members to assess the environment’s stability. 

Obtain documents: Before the home visit begins, make sure you complete the following:

• Obtain medical checks for the adopting parent and the child you wish to adopt
• If you have any pets, make sure all vaccinations are up to date with documented proof
• Sent your references to the evaluator 
• If you have been divorced or are subject to any child custody arrangements, send the documentation to the evaluator. 

Home visit: On the date of the home visit, ensure you have all necessary documentation and all individuals living in the home are present to meet the evaluator.  

Completion of adoption report: After the home study has been completed, the evaluator will submit the report to the court and your attorney. 

Finalize the adoption: Once all requirements are satisfied, you will be required to attend a court hearing. During this hearing. A judge will review the case and issue an adoption decree, officially making you the legal parent(s) of the child. 

How Adoption Differs from Conservatorship

If you are named the conservator of a child, you have many rights similar to those of a biological parent. However, the specific rights you have will depend on the terms of the court order. This is different from formally adopting a child, as adoption legally makes the child your own.

The child’s rights also differ with adoption compared to conservatorship. If you are their conservator, they do not automatically gain inheritance rights from you after you pass away. However, your adopted children will.

How Does a Court Make a Decision? 

As is the case with most court decisions involving children, the court will prioritize the best interests of the child. The court will carefully examine various factors, including the stability and suitability of the adoptive home, the child’s emotional, physical and educational needs, and the ability for the prospective parents to meet those needs. The court may also consider the relationship between the child and the adoptive parents, preferences expressed by older children, and whether the adoption will provide a stable and loving environment.

Talk to an Adoption Lawyer Right Away

Adoption is one of the biggest decisions a person can make, but it takes time and effort to successfully complete the journey. If you are considering adoption, you deserve a legal team that can guide you from beginning to end.

The team at Barton & Associates Attorneys at Law, PLLC, is proud to work with individuals seeking to grow their families and provide a child with a loving home. We will protect your rights and put you in the best position possible to make adoption a reality. Before you start this process on your own, contact us right away to seek how we can help.