Overview of Texas adoption laws
Texas laws on adoption are codified in Chapter 162 of the Texas Family Code. Provisions of the Texas Family Code establish the procedures and requirements associated with adopting in the Lone Star State. Strict adherence to the provisions of the Texas Family Code pertaining to adoption is required by the courts of the state.
Residency Requirement
The Texas Family Code establishes a general residency requirement for an individual or couple who desires to adopt a child. The law requires that the child must reside with the prospective adoptive parent or parents for at least six months prior to the time the court approves the actual adoption. A petitioner or petitioners seeking to adopt a child can request a waiver of the residency requirement. A court can grant a waiver if in the best interests of the child, according to the Texas Family Code, Chapter 162--Section 009.
Termination of Birth Parents' Rights
There are two avenues available to terminate the parental rights of birth parents to permit a child to be adopted. First, the birth parents can execute voluntary consent forms to relinquish their parental rights. Second, a court can terminate the parental rights of birth parents. A court has authority to terminate the rights of birth parents who abandoned, neglected, or abused a child. In such instances, the birth parents were given a chance at reintegration with their child, but they failed at that process. Another related scenario involves a birth mother who voluntarily relinquishes her rights while the birth father is out of the picture, not having provided any support for the mother during the term of the pregnancy.
Consent of Child
Pursuant to the Texas Family Code, a child age 12 or older must give his or her consent to an adoption. The consent must be made in writing and presented to the court as part of the adoption proceedings. A court has discretion to waive this requirement if a judge deems forgoing consent is in the best interests of the child. For example, a child who lacks the mental capacity to understand the concept of consent to an adoption is not required to attempt such a legal affirmation. If necessary, the court can appoint a guardian ad litem (special attorney) to represent the interests of a child in such circumstances.
Legal Assistance
Adoption cases are complex legal matters. While contemplating an adoption, seriously consider engaging the services of an experienced attorney to represent your interests. The State Bar of Texas maintains a directory of attorneys in different practice areas, including adoption law. Contact the organization at:
State Bar of Texas
1414 Colorado St.
Austin, TX 78701
800-204-2222
512-427-1463
texasbar.com
Tags: Family Code, Texas Family, Texas Family Code, birth parents, interests child, parental rights, rights birth