What about termination of parental rights?
If the birth mother and the adoptive parents live in Texas, then the termination of parental rights will take place here. When the termination is granted, then the adoptive parents will be appointed as the Managing Conservators, which is the Texas term for legal guardian. Usually the termination of parental rights is granted based upon the consent of birth parents.
Even if the birth mother and adoptive couple live in Texas, it's always necessary to have an attorney who is an adoption specialist represent the birth mother. It is critical that the birth mother understands completely the adoption process, her rights and particularly the affadvavit of Relinquishment of Parental Rights.
The attorney for the adoptive couple should not advise the brith mother; that would be a conflict of interest and could be used as grounds for the birth mother to undo the adoption.
When the birth mother lives in another state, then the attorneys from the two states will have to confer to determine where the termination of parental rights will occur. Sometimes it is not possible to reconcile the laws of both states, so we have to determine whose laws are the most favorable to you. Many states are "consent to adoption" states so they do not actually terminate parental rights. If you involved with one of these states, then we will have to do the termination in Texas so that we can meet the statutory requirements for an adoption.
The termination of parental rights is usually done within a short period of time. Your petition for adoption can not be finalized until the child has been in your possession for six months. At the time of the adoption, you must present the court with a social study, a genetic history, and the results of a criminal history report.
Isn't there a chance that the birth parents will get a child back after the adoption?
In modern adoption, laws have been established that nearly eliminate this possibility. In domestic adoption and adoption out of foster care, this possibility can be avoided by obtaining a competent adoption attorney, preferably, one who has litigation experience. This kind of counsel will ensure that all legal papers are signed before the child is placed.