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Adoption
Generally, adoption is the legal process by which an unrelated minor child is declared to be the child of the prospective adoptive parent or parents. In Texas, the only technical qualification to be an adoptive parent is that you must be an adult; however, because of the importance of declaring one to be a parent of a child, the Courts, usually through adoption agencies, state social workers, attorney ad litems, and/or guardian ad litems (“ad litem” just means for the litigation) usually carefully investigate the person who will be adopting. This will include a criminal background check, a “social study,” and various other investigative procedures. Social studies are generally investigations of the prospective adoptive parents’ home (sometimes also known as a home-study) and various other aspects of a prospective adoptive parent – on both a “pre-adoptive” and “post-placement” basis. If the prospective adoptive parent is the spouse of a natural parent, then we call this a “step-parent” adoption. There are different requirements in a step-parent adoption. Also, unless waived by the Court, the child must reside with the prospective adoptive parents at least six (6) months prior to finalizing the adoption. The Court must find in every adoption that the adoption would be in the “best interests” of the child.
Criminal Laws Regarding Adoption
In Texas, an attorney cannot help prospective adoptive parents locate a child for adoption. Moreover, prospective adoptive parents may not advertise in the public media for a child. It is a Class B misdemeanor for a person to serve as an intermediary in the identification of a birth mother who may desire to place a child for adoption. Importantly, one must be extremely careful regarding the providing of any financial assistance whatsoever to a birth mother, because it is illegal (at least a third-degree felony – 2 years to 10 years in prison), among other things, in Texas to offer to give, agree to give, or give a thing of value to another for acquiring a child for the purpose of adoption. The Sale or Purchase of a Child provisions, and the provisions regarding serving as an intermediary in the identification of a birth mother, of Texas’ penal statutes are very broad, so you will want to consult an attorney about any contemplated arrangement before taking action of any kind.
Termination of the Parent-Child Relationship
Generally, before the adoption may go forward, the rights of a (biological, usually) parent must be terminated. Sometimes the termination lawsuit is filed at the same time as the adoption, or sometimes it proceeds forward before the adoption. A termination must be based upon grounds, or must be agreed to by the parent by the signing of a “relinquishment” affidavit, and it must, separate from the adoption, be found to be in the “best interests of the child.” Once the termination order is signed, then the parent in question is not responsible for the child and, accordingly, has no “duty to support” the child.
Compliance with Interstate Compact (ICPC)
If the birth mother resides in one state and the prospective adoptive parents reside in another, then compliance with the Interstate Compact on the Placement of Children (ICPC) is mandatory. In these situations, the state (or officer of the state, political subdivision of the state, or child placement agency) where the child is born is referred to as the “sending agency” and the state where the prospective adoptive parents reside is referred to as the “receiving state.” Various reports, investigative studies, genetic studies, criminal history reports and the like must be provided to and approved by both the sending agency and the receiving state. The receiving state is responsible for coordinating the “pre-adoptive” and “post-placement” home studies and various other investigative reports on the prospective adoptive parents. Interstate placements usually increase the amount of time involved to adopt.
Equal Treatment of Natural and Adoptive Parents
Once the adoption is complete, Texas law recognizes the adoptive parent(s) as having the same duties, rights and obligations with respect to the child as any and all biological parents have with their children.
If you have a legal issue related to Adoption, please contact Erik Cary for an appointment to discuss.