ADOPTION OF A CHILD

Introduction to the Adoption Process

In everyday life, many people may pitch in to help raise a children. In fact, you may be able to think of many thoughtful caregivers, family members, religious leaders and community mentors who have all helped raise a child that you know.

However, under the law, a child may only have one legal set of parents. Adoption is the type of case that asks the court to make legal parents out of people who are not already biological parents of a child. Because a child may only have one official set of parents, adoption cases require the court to determine which parents will be best for the child. To help judges make this decision, the law requires a number of specific studies and reports to demonstrate the best interest of the child.

The specific requirements of adoption studies and reports can make adoption proceedings overwhelming for non-attorneys. This guide is only meant to give a general overview of adoption and answer some common questions about this type of case. This guide does not replace the legal advice necessary to adopt a child. 

**Because the specific facts of each situation make each adoption case different, you should consult with an attorney about the facts of your case before attempting to file for adoption.

How is adoption different from gaining custody of a child?

Sometimes the court may use a Suit Affecting Parent-Child Relationship (“SAPCR”) to give Conservatorship (custody) of a child to someone who is not the child’s biological parent. Conservatorship can include a variety of different child-raising rights similar to the rights that a biological parent generally has when the child is born. 

However, conservator rights are different from parental rights because they only include the rights that a judge lists in the court order. Because of this, adopted children have greater, automatic inheritance rights than children who have simply been raised by a legal conservator. Through adoption, a child becomes the legal child of the adoptive parents for all purposes including inheritance.

This means that if the adoptive parent dies without a will, then the adopted child would generally automatically inherit the same as any natural born children. This also means that any inheritance that other people leave to the adoptive parents’ “children” would automatically include the adoptive child. This is not the case in a conservator-child relationship which requires a will to transfer property to the child after death.

When can a child be adopted?

A child can be adopted after living with the petitioner for six months, but this requirement can be waived if the court finds that it is in the best interest of the child.

Who needs to agree to the adoption?

If a married person asks to adopt a child, that person’s spouse must join the petition for adoption.

If a child is at least 12 years old, the child must consent to the adoption unless the court waives this requirement due to it being in the child’s best interest. If the child has a managing conservator, his or her written consent is required unless the managing conservator is also the one bringing the adoption suit or the court waives this requirement because consent has been refused or revoked without good cause.

Does adoption require termination of parental rights?

Because children may only have one legal set of parents, adoption requires that the parental rights of the biological parent(s) be terminated to make room for the exclusive rights of the new, adoptive parent(s). A parent’s rights may be terminated either voluntarily or involuntarily.

Voluntary Termination of Parental Rights

Voluntary termination of parental rights is an option under the Texas Family Code. For instance, a parent can bring their own suit to terminate their own parental rights.

However, in most cases, the court will be required to rule that the voluntary termination is in the best interest of the child.

The court is also able to voluntarily terminate parental rights if the parent has signed an affidavit of voluntary relinquishment of an alleged father signed an affidavit waiving interest. Even if these documents are done correctly, the court will still have to order the termination of parental rights, the document alone is not enough.

The court system is still involved.

Involuntary Termination of Parental Rights

Involuntary termination requires that a high legal standard be met. Generally, most of the time, courts are required to find by clear and convincing evidence that termination is in the best interest of the child and is supported by one of the stated legal reasons for termination of parental rights.

The reasons a parent's rights can be involuntarily terminated fall into the following categories:

• The Parent Abandoned or did not support the child
  
• The Parent Endangered the Child
  
• The Parent Engaged in Criminal Conduct
  
• The Parent is otherwise unfit.
  

How does the court make its final decision?

Generally, the court’s main concern in making its final decision is doing what is best for the child. The judge will make this decision after hearing the testimony of involved parties, examining the required reports and studies and then applying the law that applies to your particular situation.

**Because the specific facts of each situation make each adoption case different, you should consult with an attorney about the facts of your case before attempting to file for adoption. Call today for assistance locating an attorney if applicable.