Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Texas may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Texas child adoption law including such topics as advertising, the use of adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent,
Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
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 custody 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.
State Regulation of Adoption Expenses
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.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Fam. Code § 162.010
Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. A managing conservator must be a parent, a competent adult, an authorized
agency, or a licensed child-placing agency.
If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption, and further consent of that parent is not required.
Age When Consent of Adoptee is Considered or Required
Citation: Fam. Code § 162.010
A child who is age 12 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 through 161.007; 162.010
Consent of the parent is not required when:
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.
The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause.
When Consent Can Be Executed
Citation: Fam. Code §§ 161.103; 161.106
An affidavit for voluntary relinquishment of parental rights must be signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose
parental rights are to be relinquished.
A man may sign an affidavit disclaiming any interest in a child before the birth of the child.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Fam. Code §§160.402(a); 160.312
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.
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