Adoption Laws in Texas: 6 Legal Issues to Know

Adoption is a profound and life-changing decision for all parties involved: adoptive families, birth parents, and the adoptee. Navigating the intricate legal landscape can often feel daunting, so it’s important to understand the laws that apply to each step.

As a social work or health care professional, you may witness parts of the adoption process firsthand, as well as providing support to expectant/birth parents and adoptive families. To support your clients, and advocate for their needs, you need to have a basic understanding of the legal framework surrounding adoption. The following rules and regulations covered are indicative of an adoption through a private Texas adoption agency. Some rules can change depending on the type of adoption.

1. All adopting families must go through a comprehensive approval process.

Every family must have a home study to be approved to adopt no matter what type of adoption – domestic, international, designated and even stepparent adoptions. This is to ensure that the adoptive parents are able to adequately provide for the child’s physical, mental and emotional well-being.

Many think home studies are just an evaluation fo the adoptive family’s living conditions, but it actually includes so much more. In addition to a home inspection, they consist of background checks, references, review of finances, physicals, and interviews. Adoptive parents must also attend pre-adoption training before a child can be placed in their home.

2. Expectant parents can receive financial assistance through adoption agencies.

Unfortunately, the financial situation of many expectant parents is a primary reason for choosing adoption. In most situations, adoption agencies are able to provide need-based assistance for pregnancy-related expenses. This can include rent, utilities, groceries, maternity clothing, and transportation to medical appointments.

Some adoption agencies pass costs through to the adoptive parents while other agencies, like Adoption Advocates, pay for expenses using agency funds. Either way, adoptive families cannot provide any financial assistance directly to expectant parents in Texas. Financial assistance also cannot be provided in private or independent adoptions with the exception of medical expenses and counseling.

3. Expectant fathers have rights as well.

An ethical agency is going to do its due diligence in attempts to locate and notify any potential father that he has been named as a possible father and that the expectant mom is considering adoption. Including him in the process is important if he’s willing. Adoption Advocates offers counseling and support to expectant and birth fathers and encourages them to participate in adoption planning and open adoption. He can do this even if he and the expectant mom are not together anymore.

4. No adoption plans are final until relinquishment takes place.

Birth mothers can sign 48 hours after delivery and no earlier. Until that time, she has the right to choose parenting her child instead and the agency will support her decision.

Relinquishment paperwork should be provided and explained in advance of delivery whenever possible. This allows the expectant parent time to process the information and ask any questions they have. Agencies should also offer expectant parents representation by an attorney, at no cost to them, to help them fully understand their rights.

During the relinquishment process, the paperwork will be explained again by the adoption specialist before the birth mother signs. Signing the relinquishment paperwork must be done voluntarily after making an informed decision about adoption. No fraud, coercion or undue influence may be used to make her sign the relinquishment. In addition, she cannot have any mind-altering medications for four hours prior to signing. The signing must be witnessed by two unrelated parties and notarized.

5. Finalization happens about 6 months after a baby is placed with the adoptive family.

During this time, families need post-placement supervision which consists of five visits by their social worker to check on the baby’s development, attachment and to counsel on any adoption challenges they might have experienced.

Finalization can take place after six months where the agency is removed as Managing Conservator and the family will receive an adoption decree. New birth certificates are issued with the child’s new name and the adoptive family listed as the parents.

6. Open adoption agreements are not legally enforceable in Texas.

As part of the adoption planning process, adoption specialists work with expectant moms to identify how much openness they would like, including how often they would like to receive updates and whether or not they’d like direct contact with family.

However, the post-adoption contact agreement is not legally binding in Texas. It is an agreement based on trust by all parties to serve the best interests of the child.

Adoption Advocates educates our adoptive families and birth parents on the importance of maintaining an open relationship. An open adoption between the two families is built on trust and respect and should be child-focused. Like all relationships, sometimes open adoptions aren’t easy. Adoption Advocates is always here to help our adoptive families and birth parents navigate their relationships and any challenges that may arise.

Questions about open adoption or how to support your client/patient that may be considering adoption? We’re happy to help. Call (512) 477-1122 to speak with the adoption counselor on call.