Texas Adoption Laws: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you're placing a child for adoption, growing your family through adoption, or exploring your rights as an adoptee, Texas law outlines specific processes and protections for everyone involved.
When you understand your legal rights and options, you can move forward with confidence. This guide will walk you through the most important parts of Texas adoption law, including how adoptions work in this state and how our agency can support you each step of the way.
Contact us now to speak with a specialist about your Texas adoption.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. In Texas, a birth mother has the legal right to place her child for adoption. The process involves voluntarily relinquishing parental rights through a legal affidavit, which must be executed in accordance with state laws.
Relevant statute: Texas Family Code § 161.103
When can I give my baby up for adoption?
In Texas, a birth mother can sign an affidavit of voluntary relinquishment of parental rights after the birth of the child. The affidavit must be signed before two credible witnesses and verified before a person authorized to take oaths.
Relevant statute: Texas Family Code § 161.103
Can I get my baby back after adoption?
Once the court terminates parental rights and the adoption is finalized, the decision is generally permanent and irrevocable. However, if the relinquishment was obtained through fraud, duress, or coercion, legal action may be pursued to challenge the termination.
Relevant statute: Texas Family Code § 161.211
Can you do adoption without the father's consent?
In certain circumstances, yes. If the father's identity is unknown, he has not registered with the Texas Putative Father Registry, or if his parental rights have been terminated due to abandonment or other legal grounds, the adoption may proceed without his consent.
Relevant statutes:
Do both birth parents have to sign adoption papers in Texas?
Generally, both legal parents must consent to the adoption. However, if one parent's rights have been terminated or if the parent cannot be located after diligent efforts, the court may allow the adoption to proceed with the consent of the available parent.
Relevant statute: Texas Family Code § 162.010
Can I get paid for adoption?
No. It is illegal to receive payment for placing a child for adoption. However, adoptive parents may cover reasonable and necessary expenses related to the pregnancy and adoption process, such as medical bills and legal fees, as long as they are not considered coercive.
Relevant statute: Texas Penal Code § 25.08
Can you choose who adopts your baby?
Yes. Birth mothers in Texas have the right to select the adoptive family for their child. Working with a licensed adoption agency or attorney can facilitate this process, ensuring that the chosen family meets all legal requirements.
Relevant practice: While not explicitly detailed in statutes, this is a standard practice supported by licensed adoption agencies in Texas.
Can people from a different state adopt my baby?
Yes. Out-of-state families can adopt a child from Texas, but the adoption must comply with the Interstate Compact on the Placement of Children (ICPC), which ensures that the placement is legal and safe across state lines.
Relevant resource: Child Welfare Information Gateway – ICPC Overview
Can I give my baby up for adoption without any agency?
Yes. Texas law allows for independent adoptions, where the birth mother and adoptive parents arrange the adoption without an agency. However, legal procedures, including home studies and court approvals, must still be followed.
Relevant statute: Texas Family Code § 162.002
Can my spouse adopt my child?
Yes. In Texas, a stepparent can adopt their spouse's child through a stepparent adoption process, which typically requires the termination of the other biological parent's rights, either voluntarily or through court action.
Relevant statute: Texas Family Code § 162.001(b)(1)
Can my family adopt my baby?
Yes. Relative adoptions are permitted in Texas, and the process may be streamlined compared to non-relative adoptions. However, legal requirements, including background checks and court approvals, still apply.
Relevant statute: Texas Family Code § 162.025
Can you anonymously put a baby up for adoption?
Yes. Texas has a Safe Haven Law that allows a parent to legally and anonymously surrender an unharmed infant up to 60 days old at designated safe locations, such as hospitals or fire stations, without facing criminal charges.
Relevant statute: Texas Family Code § 262.302
Can I have contact with my child after the adoption?
Yes, if both parties agree. Texas allows for Post-Adoption Contact Agreements (PACAs), which outline the terms of contact between birth parents and the adopted child. However, these agreements are not legally enforceable.
Relevant statute: Texas Family Code § 162.007
How does tribal adoption work for Native American children?
If the child is a member or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. This federal law sets standards for the placement of Native American children in foster or adoptive homes to preserve their cultural heritage.
Relevant law: 25 U.S.C. §§ 1901–1963 (ICWA)
Can I drop my baby off at a fire station?
Yes. Under Texas's Safe Haven Law, you can safely and anonymously surrender an unharmed infant up to 60 days old at designated safe locations, including fire stations, without facing legal consequences.
Relevant statute: Texas Family Code § 262.302
What rights do biological parents have after adoption?
Once the adoption is finalized, all legal rights and responsibilities of the biological parents are terminated. The adoptive parents assume full legal parenthood, and the birth parents no longer have any legal claim to the child.
Relevant statute: Texas Family Code § 162.017
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in Texas?
No. Texas law permits both single adults and married couples to adopt. However, if the petitioner is married, both spouses must join in the adoption petition.
Relevant statute: Texas Family Code § 162.002
How old do you have to be to adopt a baby?
Texas statutes do not specify a minimum age for adoptive parents. However, adoption agencies typically require prospective adoptive parents to be at least 21 years old.
Relevant statute: Texas Family Code § 162.001
Do you need a home study for a private adoption in Texas?
Yes. Texas law requires an adoption evaluation, commonly known as a home study, for all adoptions unless the court waives this requirement.law.justia.com
Relevant statute: Texas Family Code § 162.003
Do you need a home study for an independent adoption?
Yes. An adoption evaluation is required for independent adoptions unless the court waives this requirement under specific circumstances.
Relevant statute: Texas Family Code § 162.003
Can you adopt without an agency?
Yes. Independent adoptions are permitted in Texas. However, all legal requirements, including the adoption evaluation and court approvals, must be met.
Relevant statute: Texas Family Code § 162.002
What are the steps to adopt?
To adopt in Texas, the general steps include:
- Completing an adoption evaluation (home study)
- Filing a petition for adoption
- Obtaining consent from the child’s legal parents or terminating parental rights
- Ensuring the child resides with the petitioner for at least six months (unless waived)
- Attending a court hearing for finalization
Relevant statutes:
Can you adopt a child from another state?
Yes. Interstate adoptions must comply with the Interstate Compact on the Placement of Children (ICPC), ensuring legal and safe placements across state lines.
Relevant resource: Child Welfare Information Gateway – ICPC Overview
Can we advertise for a birth mother?
No. Texas law prohibits individuals from advertising for the placement of a child for adoption. Only licensed child-placing agencies and attorneys may engage in such advertising.
Relevant statute: Texas Penal Code § 25.08
Can a birth father stop an adoption?
Yes. If the birth father has established legal paternity and has not had his parental rights terminated, his consent is generally required for the adoption to proceed.
Relevant statute: Texas Family Code § 162.010
What if the birth parents don't sign adoption papers?
If the birth parents do not consent to the adoption, their parental rights must be terminated through a court proceeding before the adoption can be finalized.
Relevant statute: Texas Family Code § 161.001
When is an adoption finalized in Texas?
An adoption is typically finalized after the child has resided with the petitioner for at least six months. However, the court may waive this requirement if it's in the best interest of the child.
Relevant statute: Texas Family Code § 162.009
Can birth mothers change their mind?
A birth mother can revoke her consent to adoption before the court signs the adoption order. After the order is signed, the adoption is final and cannot be revoked.
Relevant statute: Texas Family Code § 162.011
Are adoptive parents on the birth certificate in Texas?
Yes. After the adoption is finalized, the Texas Department of State Health Services will issue a new birth certificate listing the adoptive parents.
Relevant statute: Texas Family Code § 162.016
What rights do adoptive parents have after adoption?
Adoptive parents have the same legal rights and responsibilities as biological parents, including custody, decision-making, and inheritance rights.
Relevant statute: Texas Family Code § 162.017
Are open adoptions legally binding in Texas?
Texas law does not provide for legally enforceable open adoption agreements. Any agreements regarding contact are based on mutual consent and are not legally binding.
Relevant statute: Texas Family Code § 162.007
Does ICWA apply to private adoptions in Texas?
Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions involving Native American children who are members of or eligible for membership in a federally recognized tribe.
Relevant law: 25 U.S.C. §§ 1901–1963 (ICWA)
What support is available after adoption?
Adoptive families in Texas may access various post-adoption services, including counseling, support groups, and financial assistance for children with special needs.
Relevant statute: Texas Family Code § 162.603
For Adoptees
If your adoption was completed through our agency, we can help you:
- Request your medical or social history
- Begin the reunion process with your birth family
- Access post-adoption counseling and emotional support
If your adoption was handled through another professional, or if you're unsure which agency facilitated your adoption, you can check out this page to explore your rights to records, your options for reunion, and how to request information from the state of Texas.
What’s Next?
Whether you're placing a child for adoption or growing your family, understanding Texas adoption law gives you the confidence to move forward. With the right support and clear legal guidance, you can take your next step with peace of mind.
If you're ready to begin or simply want to talk to someone, contact an adoption specialist today. We're here to help every step of the way.
Disclaimer
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