Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child. As a result, all adoption rights, procedures, and requirements are governed by state statutes with some guidance from the federal government. In general, under current state laws, any single adult or married couple is eligible to adopt if they meet certain criteria.
Handling Challenges – Although adoption is in every way a heart-warming decision and tremendous benefit for children, it is not always the easiest legal process. That’s due to numerous requirements established by the court, as well as complex laws, extensive paperwork, and the potential for disputes or challenges, including those involving biological parents who contest an adoption. Having an attorney by your side can help ensure you take the proper steps, have the support to resolve challenges as they arise, and prepare for all that’s required of you from any agency or court.
Under Texas law, a child may only have one set of legal parents. In a simple definition, an adoption is a type of legal proceeding in which a parent or parents who are interested in adoption, ask the court to deem them the legal parents of a child. When a potential parent or parents decide to adopt a child and bring them into their home, the process of adoption begins when the child meets legibility factors set forth under Chapter 162 Sections 162.001, 162.501, and 162.504 of the Texas Family Code. The eligibility factors of the child are paraphrased below:
There are three types of non-agency adoptions: adult adoptions, stepparent adoptions and parental placement adoptions. Adult adoptions typically do not result in the conflict and controversy that can be created in the latter two types of adoptions. The rights of the biological parents are implicated in both stepparent adoptions and parental placement adoptions. If these types are done with the consent of the biological parents then their parental rights must be terminated before the child can be placed with the adoptive family. Further, in almost all parental placement adoptions, an investigation must be completed as regards the child’s biological parents, the prospective adoptive parent(s) and the home situation of the child. There may be hearings as well to determine the best interests of the child in both stepparent and parental placement adoptions. There can even be a full trial where there are disputes over parental rights, the best interest of the child and/or the qualifications of the adoptive parents. Above all else in an adoption, the entire process is governed by a quest for determining the best interests of the child.
This is a legal process involving a court hearing during which a judge issues a decree that permanently ends all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of parental rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birthparent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
Because our firm prioritizes personalized service and wants to provide the highest quality representation possible, we ask that prospective parents take the time to complete our adoption questionnaire form prior to an initial consultation. This can help us get the information we need to better understand your situation and options (all of which is confidential), and begin the process as swiftly as possible.
During the home study, the child welfare agency will review your case and provide the courts with evidence that you are capable of caring for the child. A lawyer is not required for this stage, but it’s nice to have one available. You’ll be asked to supply copies of your birth certificate, income tax returns, medical report, and marriage licenses. All adoptive parents will need to be fingerprinted.
The adoption of a child should be one of the most joyful moments of your life. Often, however, the process can be one filled with stress and anxiety, as you work to make certain you have correctly completed all the paperwork and have taken all the steps to safely and permanently bring the child into your home. When you want to minimize the emotional challenges involved with adoption, having an experienced and competent attorney by your side can be critical.
A private adoption where the adoptive parents and the birth mother have not agreed beforehand can cost over $20,000. Before you make the financial and emotional investment in the adoption, you want an attorney who is familiar with all federal, state, and local laws and procedures. Depending on your location, expect to pay $100 to $200 per hour for skilled legal assistance.
It is important to note that the information on this page, or on any page at RapidAdoption.com is provided under the agreement that you understand that neither they nor I are a law firm. Therefore, we do not give legal advice. The information shared is common knowledge in the adoption industry. If you need legal advice, consult an authorized legal professional.