There are certain people who may be ineligible to adopt a child based on a variety of factors. If a potential parent has a criminal record of a certain type then they may be precluded from adopting a child. In addition, if the potential parent or parents have a record of abuse of violence in their past, they may also be precluded from adopting a child. The process of adopting a child is incredibly complex and intricate and it cannot be stressed enough that before going through these proceedings you should contact an experienced attorney to be by your side.
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.
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:
A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.
Once the child has met these eligibility requirements they will be placed for adoption by their natural parent or parents. Subsequently, the adoptive parent or parents, legal guardian, a licensed child-placing agency, or the Department of Protective and Regulatory Services, Texas adoptions will then go through a number of steps. The steps for a legal adoption in Dallas, Texas generally go as follows:
Step-by-Step Guidance – Working with an adoption attorney provides you with the guidance of professionals who understand the process, eligibility requirements, and legal proceedings involved. With assistance through every step of the process, you can ensure you take the right steps to meet qualifications, prepare for various interviews or evaluations, and handle the necessary work to finalize an adoption successfully.
The Interstate Compact on the Placement of Children (ICPC) applies in any adoption when a baby is going to cross state lines. How long an adoptive family stays in the state of birth after the birth is entirely dependent on how quickly ICPC clears them to leave the state. Travel and lodging can be a very expensive aspect of an interstate adoption. An experienced adoption attorney should be able to get clearance within 3 to 5 business days after the birth mother has signed her consent paperwork.
In MO, where I live the legal age of adulthood is 17. Some states it is 17, some 18. If I were you I would check into that. If legal age in your state is 17, I would just wait a few months and do an adult adoption. Then you would not need anyone's consent other than yours, your husband's and your (now adult) daughter. Then you could complete your adoption without stirring up a hornets nest, although if your daughter is interested in meeting her birthparents....this would be the perfect opportunity to make that happen.
To claim your adopted child or teenager as a dependent for tax purposes, he or she must have a social security number. If your child already has a number when he or she is adopted, you may either keep the same number or have a new number assigned. If your child is receiving Social Security benefits, Supplemental Security Income payments, or if the child has worked, the Social Security Administration will not assign a new number, but will update the child's record. In any case, you will need to contact the Social Security Administration to be sure the number is registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the Social Security Administration website at www.ssa.gov.
Over the years, our attorneys at Coker, Robb & Cannon, Family Lawyers have helped numerous clients make their adoptions dreams a reality, and we take great pride in helping families establish life-long bonds. We proudly serve individuals and families throughout Collin County, Denton County, and the surrounding areas of Texas, and invite you to request an initial consultation by calling (940) 293-2313 or contacting us online.
Adoption attorneys or adoption law firms are best for prospective birth mothers who have already identified an adoptive family and who feel they don’t need much adoption counseling and support. It is important to carefully consider the resources and services you’d like to have available before choosing an adoption attorney as your adoption professional.
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.
You need to have a lawyer. You can't involuntarily reliquish. Relinquish means your are voluntarily giving up the child. Both parents have to voluntarily relinquish or have involuntary TPR done by a judge in court. The birthparents rights have to be terminated by a judge before you can begin the process to adopt. Usually an adoption agency handles the TPR signing. With an independent adoption, you have to have an attorney. First they will locate the birthmom & have her sign consent. Then they will attempt to locate the birthfather. If they don't know the whereabouts of the birthparents, they will have to make some kind of attempt to locate them. Usually it means sending a certified letter to the last known address, they can contact motor vehicles for address on a driver's license, and/or put a notice in newspapers in the areas where the birthparents might be living. If no one comes forward, the judge will usually TPR the parents based on abandonment and then you can adopt. The judge will need a homestudy since you are adopting a child who is not a relative of yours.
They may not provide matching services. You may need to work with another adoption professional, such as an adoption agency, to be matched with a waiting adoptive family. Alternatively, you may need to independently identify an adoptive family that you would like to pursue an adoption plan with. This can potentially limit the number of families you have to choose from. In addition, there are other services your attorney may not be able to provide throughout the adoption process, such as counseling and support. If adoption counseling is offered, it is normally through an unlicensed paralegal with little adoption counseling experience. The attorney also will not usually be able to keep up with post-adoption agreements, such as receiving pictures and letters, whereas adoption agencies often have programs in place to coordinate these services.