To adopt a child in Texas, you must meet specific income requirements set by the state. You need to be at least 21 years old and demonstrate financial stability with a steady job and income, regardless of whether you’re single or married. You and your spouse, if applicable, must submit an application to the Department of Family and Protective Services or a private adoption agency to start the adoption process. These income requirements are crucial criteria in the adoption process, ensuring that prospective adoptive parents can provide financially for the child’s needs.
The application goes into relatively in-depth detail and will ask you to disclose information about your home, lifestyle, and background to determine the likelihood that you will be a suitable adoptive parent. The agency will request a list of references from you when you apply for a job. These references should be people that know you well and have done so for an extended period. Ideally, the authorities should include both relatives and non-relatives.
You must be willing to have a home study done
A home study is a critical element to any petition for adoption. Once you have asked a court to adopt a child or legally have asked DFPS to allow you to be a foster parent, you must be willing to have a social study done on your home. Social research involves a social worker coming into your home on multiple occasions to inspect the condition and safety of your own, ensure that all persons living in the house are “safe” to be around children, and interview all persons residing inside the home.
They will also conduct a criminal background search on you and likely on any person residing in your home. You will need to explain any charges made against you- especially those that involve harming family members. Similarly, they will conduct a background search regarding prior Child Protective Services (CPS) investigations into you and your spouse.
Attend free of charge classes as provided by the Department of Family and Protective Services (DFPS)
DFPS will provide you with multiple opportunities to attend classes that detail the extent of the responsibility that you are attempting to undertake as an adoptive parent. The content in these presentations will not be mind-blowing, outside-the-box information by any means. Still, it will be a good refresher for you if you are unclear on the adoption process or the responsibilities that come with it.
What sort of commitments come with the adoption of a child
If you have successfully petitioned a court to adopt a child, you are the legal parent from that point forward. You have the same rights and duties to that child as a biological parent would. There is no distinction made. As I tell clients all the time, there is no “sliding scale” applied to adoptive parents when it comes to care and upbringing.
You bear the primary responsibility for providing a permanent and nurturing home for the child to grow up in. Along with this comes a lifelong commitment to providing a stable home and upbringing for the child. Your rights and duties officially cease as to that child once he turns eighteen, but as a parent, your relationship with your child does not end at that point.
Rights and duties are split between educational, medical, and mental health reasons. The way you parent your child should be consistent in that you parent from the vantage point of loving that child unconditionally. However, you must change your methods and tactics as your child ages and develops.
If you are fostering a child, can you then adopt that child?
If you are currently a foster parent, you should know that you can adopt the child you are fostering. This is not a sentiment or desire that you alone share. Many foster families often discover that adopting a child becomes a natural choice after providing support for an extended period, especially if reunification with the birth family or finding a permanent home proves challenging. The primary consideration lies in prioritizing the child’s needs and well-being, ensuring decisions align with their best interests. As a foster parent, your responsibility involves facilitating the child’s reunification with their birth family and offering support or guidance to the parents if possible. It’s crucial to note that relatives may receive priority for permanent placement in such cases.
Termination of a parent’s parental rights would be necessary for you to adopt the child
If you as a single foster parent, or you and your spouse as a married foster couple, would need to have the parental rights of the child’s biological/legal parents terminated before you can adopt your foster child. Again, it would need to be determined that doing so is in the child’s best interests. Foster parents are in a uniquely strong position if this is the case regarding the ability to adopt a child. The reason being is that you have a long history of being in control and custody of the child before the adoption process begins.
At the outset of your fostering, you can apply to become certified through DFPS to be able to both foster and adopt children. This can potentially speed up the adoption process down the line should you and your spouse want to adopt the child. As far as the child is concerned, they will likely not have to be moved near as much if you take the initiative to do so at the beginning of your application process. When it comes to children in DFPS foster care, half of the adoptions regarding these children are by their foster parents.
Can adoptive families foster other children?
If you have adopted a child, you can still accept the placement of children as a foster family through DFPS. Experienced foster families can often meet with and mentor younger foster families to guide the foster/adoption process. This is key for those children who are not free to be adopted quite yet but have a plan for adoption in place. If you become certified as a potential adoptive parent when approved to foster a child, you are in a great position.
Child Placement Agencies
A child-placing agency (CPA) is a private foster care agency that works with DFPS to train and develop foster and adoptive parents while finding temporary and permanent homes for children. These agencies do charge a fee, but they are minimal. Depending on your location, many CPAs are available to you, each of varying degrees of experience and skills. DFPS has resources available to learn which may be right for you and your family to work with.
Conclusion
Understanding the income requirements to adopt a child in Texas is essential for prospective adoptive parents. Meeting these criteria, including demonstrating financial stability and submitting the necessary applications, is the first step toward expanding your family through adoption. By fulfilling these requirements, you not only comply with state regulations but also demonstrate your readiness and ability to provide a stable and supportive environment for the child you hope to adopt. Thus, navigating the adoption process with a clear understanding of the income prerequisites ensures a smoother journey toward welcoming a new member into your family.
Questions about foster care, adoption, or any subject in family law? Contact the Law Office of Bryan Fagan, PLLC
The decision to become a foster or adoptive parent is a significant one. It will be a challenge but can also be incredibly rewarding. If you are attempting to adopt a child, you should have the experience and skills of a licensed family law attorney available to you.
The attorneys and staff with the Law Office of Bryan Fagan, PLLC, combine many years of experience with a client-first attitude that has helped us assist clients just like you from all parts of southeast Texas. Please contact our office today to learn more about our office and what services we can provide to you and your family. We would be honored to schedule a free-of-charge consultation with one of our licensed family law attorneys- at no charge.
Other Related Articles:
- Can You Adopt while on Active Duty?
- Stepparents and Adoption in Texas: Expanding Your Family
- Texas Adoption FAQs
- Open versus Closed Adoptions: What is the difference?
- Adopting a stepchild with no father on a birth certificate
- Adult Adoption in Texas: Why, When and How does it affect inheritance?
- Private adoptions in Texas
- Adoption and sperm donation in Texas
- Advice for adopting your stepchild in Texas
- Adoption options in Texas: What you need to know
Frequently Asked Questions
Can you adopt at 18 in Texas?
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
