Adoption is an exciting time for a family – and it can also be a stressful one. Through adoption, an individual or couple takes on the legal and day-to-day responsibilities of parenthood for a child. The child enters a new family and the family welcomes their new child.
Adoption is a permanent relationship between parents and children. For this reason, Texas courts consider carefully whether a new parent or parents are ready to adopt a child. The scrutiny families face during this process can make it a stressful time, even as the soon-to-be family members look forward to completing it.
Navigating Texas law regarding adoption can be challenging. With an experienced, compassionate Georgetown adoption attorney on your side, you can reduce stress and smooth the process. Attorney Jason Wright and the team at the Law Office of Jason Wright can help.
Every year, about 135,000 adoptions occur in the United States. Yet this number doesn’t meet current needs. Approximately 115,000 children wait to be adopted in foster care and other temporary situations each year.
Not every child in Texas is eligible for adoption. A child can be adopted if:
Both parents’ parental rights were terminated. If one parent still has parental rights, a petition for termination may be filed along with the petition to adopt. For example, if a pregnant woman wishes to give up her child for adoption once it is born, a petition to terminate her parental rights might be filed with the petition to adopt.
A parent with parental rights marries someone who doesn’t have parental rights but wishes to adopt the child. These are often known as “step-parent” adoptions. Here, the step-parent petitions to adopt one or more children belonging to their spouse, becoming a legal parent to the children and taking on the day-to-day jobs of raising those children.
All three of the following conditions apply: The child is at least two years old, one or both parent’s rights have been terminated, and the adopting adult has been the child’s managing conservator or cared for the child for the past year. For example, a family friend who took in a child after a parent died, was incarcerated, or abandoned the child may petition to adopt the child if the child is old enough.
These requirements focus on the child’s situation. Other requirements focus on the adopting parents.
To be eligible to adopt a child in Texas, an individual or couple must be at least 21 years old. They must be financially stable, and the court must determine they are responsible and mature enough to raise a child.
Finally, a Texas court will determine whether the adoption is in the child’s “best interest.” An adoption attorney can help you present the evidence a court needs to make a best interest determination.
In custody, foster care, and adoption, a court participates in making decisions about where a child will live and which adults will be responsible for that child. While these three situations can overlap, they have significant legal and practical differences.
Custody or conservatorship determinations involve a court assigning certain responsibilities to an adult. The court assigns specific responsibilities to the adult, such as seeing to the child’s essential needs or managing money for the child. If the court doesn’t assign a particular responsibility to a conservator, the conservator doesn’t have the power to handle those tasks.
Foster care is the state’s system for responding to urgent situations in which children need someone to care for them. A child may be placed in foster care if their parents die, are incarcerated, abandon the children, or are otherwise unfit or incapable of raising the children. A child may stay in foster care until they are reunited with a parent, are adopted, or age out.
Adoption is a permanent relationship between the adopting parent(s) and the child. Once adoption is complete, the adoptive parents are the child’s parents. The child may or may not stay in contact with a birth parent, but the birth parent has no parental rights and is typically not involved in raising the child.
Taking a proactive approach to the adoption process can help you
Steps you can take to participate in and streamline the adoption process include:
Taking a full, fair account of your own readiness to adopt. Are you ready to become a parent, with all the challenges and choices that work entails? Can your household finances support the costs of raising a child? Are your work, home, and primary relationships stable enough to support the family you’re planning to build?
Speaking to a licensed counselor or therapist may help you sort out your thoughts, address any personal concerns, and gain clarity as you enter the adoption process.
Considering your options. “Adoption” covers many potential situations. For instance, you may be thinking about adopting your spouse’s child or children. You may be fostering a child you want to adopt, or you may be interested in meeting children through the foster care system. You may be interested in international adoption, or you may know someone about to give birth and is eager to have the child adopted by a loving family. Or perhaps you only know that you want to adopt, and you’re considering which routes work for you.
Understanding various routes to adoption can help you better understand the overall process. Even if you’re committed to one route, such as adopting a spouse’s child, this perspective can shed new light on the various adoption requirements. It can also help connect you to other adopting parents, giving you support.
Building the case for your eligibility to adopt. Your eligibility to adopt will be tested during the adoption process. As soon as you’re sure it’s time to adopt and you know which options you want to pursue, reach out to an experienced attorney. A lawyer can explain what types of questions the Department of Family Protective Services will ask you and what they’ll look for in a home visit. Your lawyer can also help you gather any paperwork you’ll need to meet adoption requirements.
Adoption agencies connect children with families seeking to adopt. These agencies also provide support services, like helping you determine which form of adoption is best for you and helping you prepare for eligibility screenings.
Not all adoption agencies provide the same services. And no adoption agency can provide legal advice or courtroom representation. If you already have a relationship with the child you wish to adopt – such as by being a step-parent or a conservator for a family member’s child – an agency may not be able to help you.
Contact an experienced adoption attorney early in the adoption process if you’re concerned that legal questions or challenges may arise. For example, an attorney can help if a parent chooses to fight the loss of their parental rights. An attorney may also be helpful if you’ve struggled to find an agency that will work with you.
Even those who work with adoption agencies may need legal assistance to finalize the adoption in court. An attorney helps ensure you have this support when you need it. Your lawyer can also answer specific legal questions and help you streamline the adoption process.
Adoption is a promising process – and a busy one. Organizing your thoughts and focusing your efforts can be tough amid the swirl of emotions that accompany adoption. Navigating the legal process can also be challenging, especially if you have little experience with family law or the court system.
An experienced, caring Georgetown adoption attorney can help you meet these challenges. Attorney Jason Wright’s extensive experience in Texas family law, including adoptions, can help you. With an attorney at your side, you can avoid unnecessary delays and stress, so that you can focus on welcoming your new family member into your home.
To learn more and schedule a confidential consultation, contact the Law Office of Jason Wright today. Call 512-884-1221 or use our online contact form to get in touch.
