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Today, let’s continue exploring a vital topic in family law—adoption. If you haven’t already, I encourage you to review yesterday’s post for a broader foundation. Now, we’ll focus on key Texas adoption information that every hopeful parent should understand when beginning their journey. From legal qualifications to procedural steps, having the right knowledge early on can make the process smoother and more rewarding. Whether you’re adopting through an agency, privately, or through foster care, understanding your rights and responsibilities is essential to building a strong and secure family.
Do you need to get a court order to adopt a child?
The approval of a family law judge in the county where you or the child you are adopting resides is necessary, yes. This is true whether you are going through a state agency or a private adoption method. The Texas Department of Family and Protective Services (TDFPS) will conduct an extensive background check on you and everyone living in your household. They will also review your physical home as part of the evaluation process. All in all, the process can take months, if not longer, to complete due to the state needing to ensure that you are an appropriate person to adopt a child.
When Can a Birth Mother Revoke Adoption Consent in Texas?What if the biological mother wants to withdraw her permission for you to adopt a child from her?
A mother can revoke her consent to allow you to adopt her child after the child is born. She does not have long to wait after the child’s birth to do so, however. If she tells you that she is OK with the adoption during this short time, it becomes nearly impossible for her to revoke her consent in the future. She would have to show that she only agreed to the adoption due to fraud or coercion– both of which are unlikely to have occurred.
Fraud or duress during the adoption process can occur when someone misleads or pressures the birth mother. For example, if an attorney or adoption agency lies about the legal consequences of adoption, they commit fraud. If someone tells the mother she will face humiliation or social rejection for withdrawing her consent, they exert duress. In either case, the court may determine that the mother did not give her consent voluntarily. This finding can lead to a legal challenge of the adoption.
It is usual for a biological mother to have feelings of attachment and love towards the child she gave birth to. As a father, there is nothing like the feeling of seeing your child born. I can only imagine how a birth mother feels in this exact situation. However, seeing the birth of her child and having a change of heart regarding her willingness to consent to the adoption is usually not enough to have the adoption not go through as previously agreed.
If you are a biological father, is your consent necessary to have your child be given up for adoption?
If you are the biological father of a child who may be placed for adoption, the court requires your consent for the process to move forward. The only exception occurs when no one knows your identity. In such cases, the court often assigns an attorney ad litem to the case. That attorney’s primary role is to locate and identify the father before the adoption proceedings can continue.
If you, as the biological father, are located as a result of the efforts of the attorney ad item, you will need to be notified of the birth of your child and the status of the adoption case that is pending in court. At this point, you will be able to make an appearance in the matter and then either consent to the adoption or oppose the process altogether. If the ad litem attorney fails to locate you or secure your consent, you have six months after the adoption is finalized to file a motion to reopen the case. This timeframe gives you a final chance to assert your parental rights.
Stepparent Adoption in Texas
As the family’s makeup has changed in recent years, stepparent adoptions are increasingly common. If you are the parent of a child and remarry someone after divorcing your child’s other biological parent, your new spouse can adopt your child. You will either need the child’s other biological parent to be declared unfit and have their parental rights terminated, or the other parent must consent to the adoption. Either of these things occurring is unlikely, at least from my experiences.
If you are a child’s stepparent and can adopt your stepchild, they are no longer your stepchild but your legal child. If you and the child’s biological parent divorce, the adoption is valid and unaffected by the divorce. You would go through the custody, possession, and visitation process of divorce just as any other parent would.
Paternity cases in Texas
As technological advances have occurred in DNA testing, it is now easier, faster, and more accurate to test for the paternity of a child. These tests are close to 100% effective and accurate.
If you are a father to a child and are not married to the child’s mother, you can be forced by a court to contribute to the child’s financial well-being that you created. The fact is that as a parent, you must support your child. You should sign an Acknowledgment of Paternity (AOP) if you are willing to state that you are the child’s father.
If you do not admit to the child’s paternity, the child’s mother may file a lawsuit seeking to determine who the biological father of her child is. If a judge rules that you are the child’s father during the civil case, you will be on the hook for child support. I have even seen judges rule that a newly determined father must pay childbirth expenses, including bills from the hospital and follow-up care with her obstetrician.
Finally, you may be reading this blog post about a married man whose wife is either pregnant or has given birth to a child that you do not believe to be yours. The law in Texas presumes that this child is yours based on your marriage to the child’s mother. Unless you can prove in court that you are not the child’s biological father, you must provide support and care for the child just as any other father would for a child.
If you suspect abuse or neglect of a child, do you have a duty to report this to Child Protective Services (CPS)?
Texas law requires certain individuals to report allegations of child abuse or neglect to CPS. Doctors, nurses, social workers, child care providers, and teachers must follow this mandate. If they fail to report, they face both civil and criminal penalties. CPS and DFPS provide a hotline for making anonymous reports. CPS must review all reports and investigate those that appear credible. The investigation will either confirm abuse or neglect by a parent or adult, or it will close without a finding. This can be due to insufficient evidence to create a finding or because there is no reason to believe that abuse or neglect occurred despite a full range of evidence.
Conclusion
Understanding Texas adoption information gives prospective parents the clarity and confidence they need to move forward. Whether you’re considering private adoption, agency placement, or adopting through the foster care system, knowing the legal requirements and available resources can ease the process and help you avoid unnecessary delays. With the right preparation, support, and legal guidance, you can take meaningful steps toward expanding your family and providing a permanent, loving home to a child in need.
Divorce essentials- tomorrow’s blog post topic
If you are interested in learning some of the most basic and essential attributes of divorce in Texas, then tune in tomorrow as we walk you through this subject.
Any questions about the information that we covered today can be addressed to one of the licensed family law attorneys with the Law Office of Bryan Fagan, PLLC. We offer free-of-charge consultations six days a week.
Other Related Articles:
- Essential adoption information for Texas families
- Basic Information about Step Parent Adoption in Texas
- Top Required Documents for Filing a Texas Adoption Petition
- Understanding Texas Family 162.023 Adoption Order from Foreign Country
- The Ultimate Guide to How Foster Care Adoption Works in Texas
- Types of Adoption in Texas: Which One Is Right for You?
- Reversing an Adoption in Texas: Is It Possible for Biological Parents?
- CPS adoption representation in Texas
- Will a Texas divorce impact your adoption?
- The stepparent adoption process in Texas
