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Welcome to the forty second post* in our series Adopting In the 50 States. Today, we’re in Texas, where I know a ton of people I’ve never met. Remember, I am not a lawyer, nor do I play one on TV. Consult an attorney or other adoption professional with specific questions. If you have adopted in Texas and would like to share your experience with others, please leave a comment or email me at RobynC@adoptionblogs.com.
Who May Adopt In Texas?
Any adult may adopt.
When May Consent Be Signed?
The biological father can sign an affidavit disclaiming interest in the child at any time. The biological mother can sign consent 48 hours after the child is born.
How Much Time Do the Birth Parents Have to Revoke Consent?
The amount of time the birth parents have to revoke consent depends on the type of affidavit filed.
If an affidavit doesn’t explicitly state the revocation period, then birth parents have 10 days to revoke consent. An affidavit may give up to 60 days to the birth parents to revoke consent. If consent is given to a licensed child-placing agency, then consent is irrevocable.
Does Texas Have a Putative Father Registry?
Yes.
Does Texas Allow the Biological Father to Give Consent Before the Child is Born?
Yes.
Can Adoptive Parents Advertise to Find Expectant Parents?
Yes.
Does Texas Allow the Use of Facilitators?
No.
How Long Before Adoption Can Be Finalized?
6 months.
Which Expectant Mother Expenses Can Be Paid by the Adoptive Parents?
Legal fees, medical expenses, and counseling expenses may be paid.
Can Out of State Residents Finalize in Texas?
Yes.
Does Texas Allow for Enforceable Open Adoption Agreements?
Yes. The agreement is between the biological parent and the Texas State Department of Protective and Regulatory Services. The biological parent may have the right to receive information about the child, communicate with the child, and/or visit the child.
Advice from Someone Who’s Been There
A lot of friendly people seem to adopt in Texas!
Carrie lives in California and adopted from Texas. The ICPC took about 7 days. She had to go back to Texas to finalize the adoption six months later, although only one parent needed to be present and her son did not need to be present. She advises: “Make sure you have a good agency working with you!”
Alison lives in Idaho and adopted from Texas. Because there was a holiday involved, the ICPC took about 2 weeks.
Bree lives in Tennessee and adopted from Texas. The ICPC took 7 days. Tennessee was faster than Texas in getting their ICPC clearance. She advises: “Definitely do your research on your agency and if you can’t find anything, don’t assume that means everything is sunshine and roses.”
Debbie lives in Texas and adopted from Texas. She advises: Be open to what you know you’ll be able to handle… Be sure you know how the matching process works and all the birth and placement guidelines as well.”
Resources
- Texas Adoption Resource Exchange
- Adopting In Texas
- Child Adoption Laws, Texas
- Child Welfare Information Gateway, State Statutes
- Adamec, Christine. The Complete Idiot’s Guide to Adoption. New York: Alpha Books, a member of Penguin Group (USA) Inc., 2004.
- Adoptive Families Magazine 2008
Photo Credit: Perry-Castañeda Library Map Collection, University of Texas
