Adoption in Texas
Creating a family can take many different paths. One way to create a family is through adoption. Adoption in Texas is a legal process that creates a permanent parent-child relationship between adoptive parents and a child, granting the child all the rights and privileges of a biological child, including inheritance.
Adoption in Texas: An Overview
This process is governed primarily by Chapter 162 of the Texas Family Code, which outlines eligibility, requirements, and procedures to ensure the child’s best interests are prioritized. Texas recognizes various types of adoption, including stepparent, agency-assisted, private, interstate, and international adoptions, each with specific steps like home studies, background checks, and court approvals.
To adopt in Texas, prospective parents must generally be at least 21 years old, financially stable, and pass criminal background checks. The child must reside with the adoptive family for at least six months before finalization, though this can be waived in certain cases. Consent is required from the child if they are 12 years of age or older, and from managing conservators or biological parents unless rights are terminated. The process involves filing a petition in family court, completing an adoption evaluation (home study), a criminal background check, and attending a hearing where a judge issues the adoption decree, if it’s in the child’s best interest.
Texas emphasizes the child’s welfare, prohibiting discrimination based on race or ethnicity (except under federal laws like the Indian Child Welfare Act). Post-adoption, agency-assisted families can access resources through the Texas Department of Family and Protective Services (DFPS) for support, including health and genetic history reports.
Adoption not only builds families but also provides stability and legal protections for children in need. For more details, explore the subtopics below.
Stepparent Adoption Process
Stepparent adoption is one of the most common types in Texas, allowing a stepparent to legally adopt their spouse’s child and establish full parental rights. This process strengthens family bonds and can simplify inheritance, custody, and decision-making.
Key steps include:
- Eligibility Check: The stepparent must be married to the child’s biological parent, be at least 21, financially stable, and pass a criminal background check. The child must have lived with the stepparent for at least six months (waivable in some cases).
- Consent and Termination: Obtain consent from the non-custodial biological parent or petition to terminate their rights if they are absent, unfit, or have abandoned the child. If the child is 12 or older, their consent is required; for name changes, children 10+ must agree.
- Home Study and Evaluation: A court-ordered adoption evaluation assesses the home environment, family dynamics, and child’s best interests. This may now be waived at the Court’s discretion when a stepparent is adopting if a background check is performed with Department of Family and Protective Services and filed with the Court.
- Criminal Background Check: The stepparent applying for adoption must complete a criminal background check and file it with the Court.
- Filing the Petition: File in the district court of the county where you reside. Include required documents like marriage certificates, birth records, and criminal history reports.
- Court Hearing and Finalization: Attend a hearing where the judge reviews the case, the filings referenced above, and additional filings from the attorney. If approved, an adoption decree is issued, and a new birth certificate is created with the help of the family law attorney. Adoptions are generally treated as a celebration of a forever family, allowing other family and friends to attend and support the adopted child or children.
The process typically takes 2-6 months and may cost around $5,500 in legal fees, depending upon how much work is required. Consult a family law attorney for personalized guidance, as forms are not standardized.
Agency vs. Private Adoption
Choosing between agency and private adoption in Texas depends on your preferences for support, costs, and involvement. Both lead to the same legal outcome but differ in process and oversight.
- Agency Adoption: Involves licensed child-placing agencies regulated by DFPS, or DFPS itself. Agencies handle matching, home studies, and post-placement support. Pros: lower cost, structured process, counseling for birth parents, and access to foster children or infants. Cons: unpredictable (children may be returned to birth parent(s) before an adoption can take place),longer waits, and more bureaucracy. Ideal for first-time adopters seeking guidance.
- Private Adoption: Also called independent adoption, this occurs directly between birth parents and adoptive parents, often facilitated by an attorney without an agency. Pros: More control, potentially faster, and direct communication. Cons: higher fees ($20,000.00-$40,000.00 through an agency), less support, higher risk if birth parents change their minds, and requires self-marketing (e.g., via ads or networks). Texas allows private adoptions, but all must comply with state laws, including home studies. If a private adoption is outside the use of an adoption agency, the costs are significantly lower and typically range around $5,500.00.
In both, a court finalizes the adoption. Weigh factors like timeline and emotional support when deciding.
Interstate Adoption (Hague Convention Compliance)
Interstate adoption involves adopting a child from another state or country, requiring compliance with federal and state laws to protect children from trafficking. For international cases, the Hague Convention on Intercountry Adoption applies if the child’s country is a signatory, ensuring ethical processes.
- Domestic Interstate Adoption: Governed by the Interstate Compact on the Placement of Children (ICPC), which coordinates between states. Texas requires approval from both sending and receiving states before the child moves. Process: Complete a home study, get ICPC approval, and finalize in Texas court.
- International Adoption with Hague Compliance: For Hague countries (e.g., China, India), follow U.S. Department of State rules: Accredited agencies, USCIS approval (Form I-800A/I-800), and compliance with the child’s country’s laws. After bringing the child to Texas, re-adopt domestically if needed for citizenship or state recognition. Non-Hague countries follow similar but separate processes.
Costs can exceed $30,000, with timelines of 1-3 years. Work with Hague-accredited agencies and immigration experts to avoid delays.
Post Adoption Name Changes
After adoption in Texas, changing the child’s name is straightforward and often included in the adoption decree. If not done during adoption, file a separate petition.
- During Adoption: Request the name change in the adoption petition. For children 10+, consent is needed if the change affects their name. The court issues an order that approves the issuance of a new birth certificate with the adoptive parents’ names and the new child’s name.
- After Adoption: File a name change petition in the district court of the child’s residence county. Both parents must agree (or one with court approval if sole conservator). Provide reasons (e.g., family unity), pay filing fees ($200-$400), and attend a hearing. No publication notice is required for minors.
- Adult Adoptees: Adults can change names independently via court petition, without parental consent.
Update records like Social Security, school, and medical documents post-change. Avoid offensive names; courts prioritize the child’s best interest.
Pitfalls of Adoption and Consequences (e.g., Inheritance)
While adoption offers many benefits, potential pitfalls include emotional, legal, and financial challenges. Understanding these can help avoid regrets.
Consequences and Mitigation: Adoptions are generally irrevocable after six months, but challenges like fraud can arise. To minimize risks, use licensed professionals, plan for therapy, and include adoptees in wills explicitly. DFPS offers post-adoption support to address long-term effects.
Inheritance Issues: Adopted children inherit equally from adoptive parents as biological children, but they may lose inheritance rights from biological parents if the termination order terminates that right of the child to inherit unless specified in a will. In intestate cases (no will), adoptees inherit from adoptive families but not always from biological ones. “Equitable adoption” (informal agreements) can complicate claims, stopping denials of inheritance but requiring court proof.
Other Pitfalls: Failed matches in private adoptions if birth parents revoke consent; high costs without guarantees; post-adoption behavioral issues from trauma; and limited access to biological family history, affecting health decisions. Adult adoptions for inheritance can disrupt estate plans or lead to disputes. In foster adoptions, unresolved parental rights can delay finalization.