Home Attorneys Practice Areas About Us News & Views Contact Us / Make A Payment Location  

ADOPTION

Persons looking to expand their families or start a family often explore the option of adoption. As a general rule, both biological parents' rights must be terminated pursuant to a Texas court order before a person or couple may adopt a child. In a step-parent adoption, the non-spouse's rights must be terminated. Specifically, pursuant to Tex. Fam. Code 162.001, a child residing in the state may be adopted if:
  1. Both parents' rights have been terminated or a suit for termination is joined with the suit for adoption;
  2. The parent whose rights have not been terminated is the spouse of the person seeking adoption via a stepparent adoption;
  3. The child is at least two years old, one parent's rights have been terminated, the person seeking adoption is either the "managing conservator" of the child or has had "actual care, possession and control" of the child for six (6) months or is the child's former stepparent, and the non-terminated parent consents to the adoption; or
  4. The child is at least two (2) years old, one parent's rights have been terminated, the person seeking adoption is the child's former stepparent and has been a "managing conservator" or has had "actual care, possession, and control" of the child for at least one (1) year.
In addition to meeting the above-listed requirements, Texas courts also require the person seeking adoption to comply with various procedures to ensure proper placement of the child. These procedures may include a pre-adoptive and post-placement social study to determine what is in the best interest of the child; a health, social, educational and genetic history (SHEG) report for the child; and a criminal history report for the person seeking adoption.

If you are interested in adoption, contact us today to schedule a initial consultation.

<< Return to Divorce & Family Law

5420 LBJ Freeway, Two Lincoln Center, Suite 1900  •  Dallas, Texas 75240       Phone 972.661.5114  •  Fax 972.661.5691
MSI