What do the Texas courts require?There are two steps to secure a final adoption:
The court must terminate the birth parents' rights in the child; and your adoption must be approved by the court.
Birth parents, both father and mother, generally must sign forms indicating their desire to place a child for adoption, before a court will terminate their interests. This applies whether the adoption is private, through an agency or through the Department of Human Services.
If the location or identity of the birth father is unknown, he is still entitled to notice of the proceedings, and you must show the court that you have tried to find him. This can be done by publishing a notice in a newspaper. The court may require publication in the county of birth and/or the county of the birth father's last known residence. The rules are complex and must be strictly followed. This is another reason for obtaining an adoption attorney.
The birth mother's relinquishment cannot be signed until the child is at least 48 hours old. Properly signed relinquishments generally cannot be revoked for sixty days. Within this sixty-day period, the court generally decides whether to terminate parental rights. A decision to terminate is, except in very unusual situations, permanent.
The courts, agencies and the Department of Human Services require the report of a social study performed in the home of adoptive parents. The adoptive parents must obtain a Texas Criminal History Report. Courts also generally require that the child live in the home for six months before granting an adoption. This requirement can be waived only if the court finds "good cause." Some courts waive this requirement more routinely than others. Ask your attorney.
Texas adoption law