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Are planning to adopt in Texas?

On Behalf of | Feb 3, 2025 | Adoption |

Adoption is a beautiful way to create or expand a family, providing children with loving homes and parents the joy of raising a child. Like other states, Texas carefully designed the process to meet the child’s best interests.

Who can adopt, and who can be adopted?

In Texas, prospective adoptive parents must be at least 21 years old, financially stable and mature enough to handle parenting responsibilities. They can be single, married or divorced. They must pass a background check and complete a home study to better ensure a safe and loving environment for the child.

Children eligible for adoption can range from infants to teenagers. Some may be in the foster care system, while others go through private agencies or independent adoptions. Sibling groups and children with special needs are also looking for permanent homes.

Adoption in Texas

Adoption is a process often breaks down into the following steps:

  • Research and decide: Research the distinct types of adoption, such as agency, private or foster care adoption, to determine the best fit for you.
  • Choose an agency or attorney: You should select a licensed adoption agency or an experienced attorney to guide you through the process.
  • Complete a home study: This involves background checks, interviews and home visits by a social worker often employed by adoption agencies or child protective services to ensure the prospective parent(s) are ready to adopt.
  • Match with a child: Work with your agency or attorney to find a child whose needs and background align with your family.
  • Legal process: File a petition to adopt with the court. This includes submitting all necessary documents and attending a court hearing.
  • Finalization: Once the court approves, the adoption is final, and you will gain full parental rights.

Even if an adoptive parent already acts as a parent, adoption is still a necessary legal process that requires careful attention to these details and adherence to state laws.

Private adoption is different

Attorneys in Texas can manage private adoptions, also known as independent adoptions. In a private adoption, the adoptive parents work directly with the birth parents, often with the help of an attorney, without the involvement of an adoption agency. The attorney plays a crucial role in facilitating the legal aspects of the adoption process, including drafting necessary documents, ensuring compliance with state laws, and representing the adoptive parents in court proceedings to finalize the adoption. Both adoptive and birth parents need to have legal representation to ensure that the adoption process is legal and addresses the child’s best interests.

Rights of adoptive parents

Once the adoption is final, adoptive parents have the same rights and responsibilities as biological parents. This role includes making decisions about the child’s education, healthcare and overall upbringing. Adoptive parents should also get pertinent background information about the child, such as medical history, which is crucial for informed decision-making.

It is a legal process

A knowledgeable family law lawyer can help with the paperwork, guide you through each step and address any issues or concerns that arise during the process. An attorney ensures that families meet all legal requirements and helps facilitate a smooth transition for the adoptive parents and the child.

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