RANDALL                                                                                                                                                               

        WALKER                                                                                                         ATTORNEY AT LAW

ADOPTION

    Adopting a child privately (without the use of an adoption agency) is almost always much less expensive than going through an agency.  Although there are a number of possible complications to any adoption,  all adoptions have a two things in common:

•     The termination of one or both biological parent's parental rights;

•     The appointment of a social investigator who performs a social investigation, a home study, and a criminal background check; 

    The most common type of private adoption is a "step-parent" adoption, in which one spouse adopts the biological child of the other spouse and the other biological parent's parental rights are terminated. 

    The second most common type of adoption involves two non-parents seeking to adopt a child from the biological parents.  In this case, both biological parents must have their parental rights terminated prior to the adoption taking place. 

    A biological parent may voluntarily terminate his or her parental rights by signing a document called a "Voluntary Relinquishment of Parental Rights" in front of two witnesses and a Notary Public.  Involuntary terminations involve the adoptive parent(s)') bringing a suit against the biological parent(s) to involuntarily terminate the biological parent(s)' parental rights.  The Texas Family Code contains a number of grounds for which involuntary termination may be granted, the common of which are failure to pay child support for more than a year, abuse or neglect of the child, and abandonment.  An adoption in which an  involuntary termination of parental rights is sought is much more complicated than a voluntary termination, and usually requires the appointment of an ad litem attorney.

    A person seeking to adopt a child is not required to be married.  In other words, single persons can adopt children.  If a person seeking to adopt a child is married, however, both spouses must join in the adoption.

    If you want to know more about Texas adoption law,  you are invited to consult the Texas Family Code, which contains most of the laws which govern divorces and other family law matters in the State of Texas. 

  HOME    Child Custody    Child Support    Divorce Process    Enforcement    Paternity    Criminal    Probate