Texas Adoptions

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Texas Adoption Law

Use of Advertisement

Citation: Penal Code § 25.09
A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption. This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
''Public media'' includes newspapers or other periodicals, billboards or other signs, radio or television broadcasts, or communications through the use of the Internet or another public computer network.
 
Use of Intermediaries/Facilitators
Citation: Penal Code § 25.08(a)-(b)
A person commits an offense if he or she:
Has cus
Utody of a child younger than 18 years of age and offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another for the purposes of adoption
Offers to give, agrees to give, or gives a thing of value to another for acquiring a child for the purpose of adoption
It is an exception to the application of this section that the thing of value is:
A fee or reimbursement paid to a child-placing agency as authorized by law
A fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling
A reimbursement of legal or medical expenses incurred by a person for the benefit of the child
A necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies
 
Children Eligible for Subsidy
Citation: § 162.304
The department shall enter into adoption assistance agreements with the adoptive parents of a child as authorized by Part E of Title IV of the Federal Social Security Act, as amended (42 U.S.C. § 673). 
 
Limitation on Subsidy
Citation: § 162.304
The amount of the subsidy shall be determined by the department. 
 
Termination or Modification of Subsidy
Citation: § 162.3041
Assistance may be offered until the child's 21st birthday if:
The child has a physical or mental disability that warrants continued assistance
Application has been made for Federal benefits stipulated under 42 U.S.C. §1381 et. seq.
The adoptive parents are providing the child's financial support
Assistance may be offered after a child's 18th birthday or until:
The child stops attending high school or vocational school
The child obtains a high school diploma or its equivalency
The child's adoptive parents stop providing financial support to the child
The child turns age 19
 
Certification for Subsidy
Citation: §§ 162.304; 162.3041
Need for the subsidy shall be determined by the department.
The department may conduct an assessment of the child's mental or physical disability to determine continuation of benefits.
 
Agency or Person Gathering Information or Preparing Report
Citation: Fam. Code § 162.005
Department of Protective and Regulatory Services
Child placement agency
Other entity that prepares report
 
Contents of Report About Person to be Adopted
Citation: Fam. Code § 162.007
Health status at time of placement
Birth, neonatal, and other medical, psychological, and dental history
Results of any examinations
Immunization record
Social history, including any relationships with birth family
Educational history
Genetic history
 
Contents of Report About Birth Parents
Citation: Fam. Code § 162.007
Descriptions of birth parents and other family members
Health and medical history, including any genetic diseases or disorders
Health status at time of placement
If deceased, cause of and age at death
Physical description
Nationality and ethnic background
Levels of education and professional achievement
Religious background, if any
Psychological and social evaluations
Any criminal record
 
Contents of Report About Adoptive Parents
Citation: Fam. Code § 107.0511
Social study that meets the requirements set by the Board of Protective and Regulatory Services 
 
Who Must Consent to an Adoption
Citation: Fam. Code § 162.010
The managing conservator must consent.
If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.
 
Age When Consent of Adoptee is Considered or Required
Citation: Fam. Code § 162.010
A child 12 years of age or older must consent, unless the court finds it in the child's best interest to waive consent. 
 
When Parental Consent is not Needed
Citation: Fam. Code §§ 161.003; 161.005; 161.006; 161.007
The parent is unable to care for the child due to mental illness.
The parent has voluntarily terminated parental rights.
The parent has no right of consent after an abortion where the child survives.
A person is convicted of a crime resulting in the birth of a child.
The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.
 
When Consent Can Be Executed
Citation: Fam. Code §§ 161.103; 161.106
The birth mother may consent no sooner than 48 hours after the child's birth.
A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child.
 
How Consent Must Be Executed
Citation: Fam. Code § 161.103
A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths. 
 
Revocation of Consent
Citation: Fam Code §§ 161.1035; 162.011
An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
On the 11th day, consent becomes irrevocable.
Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.

Court Jurisdiction
Citation: Fam. Code. § 101.008
The district court
A juvenile court having the same jurisdiction as a district court
Other court having jurisdiction of a suit affecting the parent-child relationship
 
Venue
Citation: Fam. Code. § 103.001(b)
In the county where the child or petitioner resides 
 
Infant's Age
Citation: Fam. Code § 262.302
60 days old or younger 
 
Who May Relinquish the Infant
Citation: Fam. Code § 262.302
Parent 
 
Who May Receive the Infant
Citation: Fam. Code § 262.301
'Designated emergency infant care provider,' which includes:
Emergency medical services provider
Hospital
Child-placing agency
 
Responsibilities of the Safe Haven Provider
Citation: Fam. Code §§ 262.302; 262.303
Perform any act necessary to protect the child's health and safety
Notify the department no later than the close of the first business day
Offer to the parent a form for voluntary disclosure of medical information
 
Immunity for the Provider
Citation: Fam. Code § 262.302
Yes 
 
Protection for Relinquishing Parent
Citation: Penal Code § 22.041(h); Fam. Code § 262.303
The parent may remain anonymous.
Relinquishment to a safe haven is an affirmative defense to prosecution for abandoning or endangering a child.
 
Effect on Parental Rights
Citation: Fam. Code § 262.303
The Department of Protective and Regulatory Services assumes custody of the child. 
 
Effect and Recognition of a Foreign Adoption Decree
Citation: Family Code § 162.023(a)
A decree that was issued in a foreign country in accord with the laws of that country and rendered to a State resident will be given full effect and recognition as if a State court had issued the decree, unless it would violate human rights or the law or public policy of this State to do so. 
 
Readoption After an Intercountry Adoption
Citation: Family Code § 162.023(b)
Adoptive parents may petition the court for registration of a foreign adoption decree that was issued abroad and may combine the petition for registration with a petition for a name change. 
 
Application for a U.S. Birth Certificate
Citation: Family Code § 162.023(b)(2)
The court will order the State Registrar to file a birth certificate for a foreign-born adopted child whose foreign adoption decree was registered this State. 

Who May Adopt
Citation: Fam. Code § 162.001
Any adult may adopt. 
 
Who May Be Adopted
Citation: Fam. Code § 162.001
A child residing in the State may be adopted if any of the following hold:
The rights of the parents have been terminated.
The petitioner is a stepparent.
The child is at least 2 years old, and the petitioner is a former stepparent who:
Has cared for the child at least 6 months, and the non-terminated parent consents
Has had care, possession, and control of the child for at least 1 year
 
Who May Place a Child for Adoption
Citation: Fam. Code § 162.025
Only the following may place the child:
The child's natural or adoptive parent
The child's legal guardian
A licensed child-placing agency
 
Registry/Paternity Requirements to Receive Notice
Citation: Fam. Code §§160.402(a); 160.312
Does Texas have a Putative Father Registry? Yes
The putative father may file before the child's birth, but no later than the 31st day after the child's birth.
Registration requires a completed Bureau of Vital Statistics form, signed and acknowledged by the putative father.
 
Information Contained in Registry/Claim
Citation: Not addressed in statutes reviewed 
Revocation of Claim to Paternity
Citation: Fam. Code § 160.414
The putative father may at anytime revoke a notice of intent to claim paternity by submitting a written statement which has been signed and notarized. 
 
Access to Information Maintained in Registry
Citation: Fam. Code § 160.412
The birth mother
A court
An authorized agency
A licensed child-placing agency
A child support enforcement agency
An attorney involved in the case
The Registry of another State

Birth Parent Expenses Allowed
Citation: Pen. § 25.08(b)
Legal and medical expenses in connection with the birth and pregnancy
Adoptive counseling services
Necessary pregnancy-related expenses paid by a child-placing agency, as permitted by department rules
 
Birth Parent Expenses Not Allowed
Citation: Pen. § 25.08(b)
Any payments not expressly permitted 
 
Allowable Payments for Arranging Adoption
Citation: Fam. § 162.025(a)
A person who is not the parent, legal guardian, or a licensed child-placing agency may not receive payment for placing a child or serving as an intermediary between an adoptive and expectant parent. 
 
Allowable Payments for Relinquishing Child
Citation: Pen. § 25.08(a)(2)
It is unlawful to offer or accept a thing of value for the delivery of a child to another or possession of the child by another for the purposes of adoption. 
 
Allowable Fees Charged by Department/Agency
Citation: Pen. § 25.08
A licensed child-placing agency may charge a fee for services provided. 
 
Accounting of Expenses Required by Court
Citation: The statutes do not specifically require that an accounting be given to the court.