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There is not a more fun time in court for an attorney than when finalizing an adoption. It is the only time that the attorney is in court and EVERYBODY is happy. The parties are happy, the judge is happy, and the child is happy.
In an adoption, however, there is one circumstance can be extremely unpleasant. If the adoption in not properly handled, it can come apart later. Although laws have been passed to lessen that potential, there is not a more heartbreaking legal event for a new adoptive parent than this. It is essential to make sure that all bases are covered, that all documents are carefully prepared, and that all court procedures are strictly followed.
National Adoption Day
Every year (typically on a Saturday in November) thousands of adoptions occur across the nation and hundreds of these take place in Texas and . Most of these children come from Child Protective Services and are children whose parents' parental rights have been terminated. Many are adopted by other family members and others are adopted by friends, foster parents, or even persons with no former relationship.
Fifty to sixty "Adoption Day" families are joined in Tarrant County. Bob Leonard, Jr. is happy to participate in this each year by representing couples wanting to adopt. In addition, he provides a yellow rose to each adopting mother of family.
For more information see National Adoption Day.
Adoption Links*
A recent search for "adoption" on a popular search site revealed almost 15 million hits. Here are a few of them:
www.Adoption.com -- A general adoption site with lots of articles and information
www.Adoption.org -- Another large site with lots of information
National Adoption Center - adopt.org -- Still another informational site
National Adoption Information Clearinghouse -- Site of a department of the U.S. Department of Human Services
Adopting.org - Information. International or US. Older Child Baby Infant Kids Adopt
The Adoption Guide -- The name says it all.
www.Adopting.com -- More information
International Adoption-- A site of the U.S. Department of State, Bureau of Consular Affairs Overseas Citizens Services Office of Children Issues--fairly technical
Adoption Online --Claims to be the first Internet adoption site.
* Information on these sites are the responsibility of the sites themselves and are neither endorsed not guaranteed by this webpage.
Adoption Frequently Asked Questions
- What is adoption? Adoption is a legal process that results in a court order declaring one person (generally a minor) to be the legal child of the adoptive parent or parents. In a step-parent adoption, only the new parent is adopting. Sometimes a parent's rights are terminated prior to the adoption. After a termination, the birth parent(s) are no longer responsible for the child and they no longer have an obligation to support the child.
- Who may adopt? Texas law provides that any adult may adopt a child, but the court will look to see if the adoption is in the best interest of the child.
- Who may be adopted? A child may be adopted if (a) the parent-child relationship as to each living parent has been terminated, (b) the parent whose rights have not been terminated is the spouse of the petitioner and the proceeding is for a step-parent adoption, or (c) the child is at least two years old, one parent's rights have been terminated, and the person seeking the adoption has been a managing conservator of the child or has had actual care, possession of the child for at least six months (one year if the non-terminated parent does not consent) or is the child's former step-parent. In addition, the court must find that the adoption is in the child's best interest.
- What is a private licensed adoption agency placement? In an agency adoption, the birth mother relinquishes, or transfers, her parental rights to the licensed child-placing agency following the birth of her child. Thereafter, the adoption agency places the child with a prospective adoptive family approved through a comprehensive home study process. The private agency is responsible for screening the adoptive family, counseling the birth parents, handling the termination of rights of the biological parents of the child, providing permissible financial assistance to the birth mother, and supervising the placement until finalization. The agency holds legal custody of the child until finalization. Families can apply to Texas or out-of-state licensed adoption agencies. More Texas agencies are also handling the adoption of foreign children. In fact, one estimate is that sometimes as many as one-half of adoptions at some agencies are for children born overseas.
- What is a private adoption? Texas law permits the biological parents and prospective adoptive parents to work together in an adoption plan without the involvement of an adoption agency. In a private adoption, the birth mother transfers all rights to a child directly to the prospective adoptive parents who are not necessarily related by blood or marriage. If the father is alive, he will have to either relinquish his parental rights or have them terminated. A licensed agency is not involved in the placement process. In Texas, the prospective adoptive parents may network with family, friends and other acquaintances to identify a birth parent and child. The laws in Texas are extremely restrictive regarding independent adoption in the areas of assistance thatcan be provided to a birth mother and the inability of prospective adoptive parents to advertise for a baby. In fact, providing or accepting financial assistance can be a felony. It is essential for families to consult with an experienced adoption attorney early in the process to prevent problems.
- Can you have an interstate adoptions? Yes. Many adoptions are more complicated because a prospective adoptive family may reside in one state and the birth mother may be a resident of another state (or a licensed adoption agency may be located in another state). In such cases, with limited exceptions, the adoption must satisfy certain legal requirements of both states before the child comes into or leaves the states. There is a specific statute, the Interstate Compact on the Placement of Children, that governs interstate adoptions. From personal experience, I would advise prospective adoptive parents to accept that an interstate adoption will likely take longer.
- What is a stepparent adoption? These are adoptions in which a spouse of a biological parent seeks to become the legal parent of a child. The adoption terminates the rights of the other biological parent (not the spouse of the prospective adoptive parent). Frequently, the child's name is changed as part of the adoption. A court generally will not grant a stepparent adoption when the child's legal mother or legal father objects and is participating in the child's life in a meaningful way.
- What is an adult adoption? These are adoptions in which one adult adopts another adult and all parties support the adoption. The adoption results in a legal parent-child relationship. Although most adult adoptions involve adoptions in which a stepparent adopts the child, there are instances in which a person adopts an adult who is not a stepchild.
- What is an international adoption? Families are frequently adopting children who are born in other countries, either through a licensed adoption agency or working privately with an attorney or intermediary in the other country. If the adoption is finalized in the other country, families should "domesticate" the adoption of the child once they return home to the United States. In Texas, the family will be able to obtain a Texas adoption decree or certificate and a "birth certificate" from the Texas Bureau of Vital Statistics. If the adoption has not been finalized in the other country, the family will need to satisfy more stringent requirements of the adoption code governing either agency or independent adoptions. Different counties in Texas treat foreign adoptions differently, so care must be taken to ensure that the adoption is final in all regards. Prospective parents should be advised that although an international adoption can take place when a local child cannot be found, there have been many instances of parents adopting a child from another country who is later found to have serious health problems. The prospective parents should be carefully to go the extra mile in investigating these adoptions.
- When is a home study done? In an agency placement, a comprehensive home study assessment is completed before a placement occurs. A preplacement home evaluation must be done for all interstate independent adoptions before a child can be placed. In a Texas independent adoption, the court will appoint an investigator to complete an evaluation after the child is born and living in the prospective adoptive parents' home. Texas law also requires a criminal history check and, in most cases not involving a step-parent, a Health, Social, Educational, and Genetic History Report on the child.
- Is it necessary for the adoptive parents to go to court? Yes. In Texas, the adoptive parents will file a Petition for Adoption in their county of residence. The petition will culminate in a court appearance by the attorney and the adoptive parents along with the child. The birth parents do not need to appear in court.
- Following the final hearing, what kind of documentation is provided to the adoptive parents? In Texas, in addition to receiving a Certificate of Adoption, the prospective adoptive parents will obtain a new birth certificate reflecting the adoptive parents as the child's parents and the child's new name. The original birth certificate and other court records are sealed by the court.
- Can biological parents change their mind, or revoke their relinquishment, after signing the legal documents? In some circumstances, yes. That is why it is essential for the attorney to be well versed in adoption law. A revocation of rights has important statutory language that must be used and important deadlines that must be met in order to assure compliance with the law.
- What happens to the adoption records? In Texas, after an adoption is finalized, the adoption record is sealed. The original birth certificate is also sealed. The only way the record can be accessed is by court order or by following the procedures of the state adoption reunion registry. There is currently a significant controversy over the release of information about birth parents. While most adoptions are now sealed, there are both court cases and proposed laws that would change that, perhaps retroactively.
- Why should I use an attorney? Many people are able to handle simple legal matters themselves. An appearance in small claims court or an uncontested divorce without property or children are two examples. Adoption is NOT a place to serve as your own attorney. The laws are complicated, and the things that must be done and the items that must be filed with the court are numerous. There is a good reason that the news hits the national media when an adoption goes bad. I can imagine few, if any, legal results as painful as one where a person becomes a parent and then later his or her child is removed due to the failure to properly take advantages of all of the protections built into the law.
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Please understand that there are specific statutes that govern issues related to financial assistance that can be provided to a birth parent, ways adoptive parents can locate birth parents, birth parents with Native American ancestry, biological fathers who are in the armed forces, termination of rights of biological fathers who are not going to sign surrender documents, as well as other issues.
DISCLAIMER: Any legal discussions found on this page or pages linked to this page are, by nature, very general. They may or may not reflect the law and its application to any given set of specific facts. Because of this, the information on this page or any related page does not and should not be taken to constitute legal advice. For information specific to your situation please call me or another attorney who can help you. Also, the law in the various jurisdictions may change and the pages, particularly the ones linked to, may not reflect the current law. The links in this page are provided for the convenience of clients and visitors only and Bob Leonard, Jr. shall not be held responsible for any use of any page that is accessible by this page.
Not Certified by the Texas Board of Legal Specialization | |
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 | This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. | | | |
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