Adoption Requirements in Texas are as follows:

       
The birth mother’s parental rights are adjudicated in the Court based upon the execution of a Mother’s Affidavit of Relinquishment of Parental Rights. This affidavit cannot be signed until the expiration of 48 hours following the birth of the child. This legal document must be signed in front of a Notary Public and two witnesses. This affidavit is promptly filed with the Court. A hearing occurs and a judge enters a final order. Texas law does not require a birth parent to appear in court after executing an Affidavit of Relinquishment of Parental Rights.

Adjudicating the rights of a father is often more complex. A presumed, or legal father, has all the rights, privileges, duties, and obligations of a parent, including the birth mother. A man is presumed to be the father when he is married to the birth mother at the time of conception and during her pregnancy or has agreed in writing to be placed on the child’s birth certificate. An alleged biological father is the birth father of the child but who is not presumed to be so (generally the unmarried boyfriend or unknown individual). To have the same rights as the birth mother or a presumed/legal father, he must establish a parent/child relationship with the child, most often accomplished by a paternity suit.

In an agency adoption, a presumed/legal father would execute a Father’s Affidavit of Relinquishment of Parental Rights after the expiration of 48 hours following the birth of the child, just as the birth mother. A biological father, however, may execute an Affidavit of Waiver of Interest. This affidavit forecloses the biological father from ever establishing himself as the presumed or legal father. An Affidavit of Waiver of Interest can be executed during pregnancy (any time after the first trimester).

If a biological father is not cooperative with the birth mother in her adoption plan, or if the identity or whereabouts of the biological father are unknown, his rights may be terminated without notice by use of the Texas Paternity Registry.  Texas law requires a biological father to register with the Texas Paternity Registry within 31 days of the birth of the child.  If the biological father fails to register, the Court may terminate the rights of the biological father due to his failure to register as required by state law.

After parental rights have been terminated, the agency is appointed as managing conservator of the child. The prospective adoptive parents will be able to finalize their adoption after the child has resided in their home for 6 months. During this six-month time frame, the agency is responsible for supervision of the placement as required by Texas licensing standards. After these supervision requirements have been met, and the six months has elapsed, the agency will provide written consent (as managing conservators) to the adoption. A court hearing in the court of continuing jurisdiction is necessary to grant the adoption.

Further legal requirements are as follows. The prospective adoptive parents must have an approved pre-placement adoptive home screening (commonly referred to as the home study). This must be completed prior to acceptance by the agency and prior to placement. This home study must meet the guidelines set forth by the Texas Department of Protective and Regulatory Services. All prospective adoptive parents must file their criminal history report as provided by the Texas Department of Public Safety. The birth parents’ health, social, and genetic history report must also be filed with the court. The adoptive parents must be provided a copy of this form as well. Lastly, the adoption agency prepares a report outlining the circumstances of the adoptive family and the status of the child and placement. As previously stated, the agency consents to the adoption in writing. This document is also filed amongst the papers of the court during the adoption finalization. Little Flower Adoptions legal counsel and President, David Cole, performs all legal work related to the termination of the birth parents’ rights. Adoptive families may utilize Mr. Cole’s services for finalization or choose another attorney for that procedure. The agency will provide all appropriate paperwork to whatever attorney is chosen for the finalization.

Termination and adoption judgment in Texas become final 30 days after the judge’s signature. If a motion for new trial has not been filed within the 30-day period, or an appeal to the court of appeals has not been perfected within the same period, a termination and/or adoption judgment in Texas is extremely secure. With agency adoptions, it is unlikely a birth parent would file such an appeal since the vast majority of adoptive placements are voluntary and consensual. Furthermore, under no circumstances may an adoption judgment be attacked directly or collaterally more than 6 months following entry of the judgment.