Category: Adoption

Adoption is a life-changing experience for the child, the adoptive parents, and the birth parents. A question that the parties involved in an adoption often have is whether the birth parents will retain any rights to the child once the adoption is complete. Whether you’re considering adopting a child or giving your birth child up for adoption, it’s important that you have a solid grasp on this issue. Below is an overview of the rights of birth parents after adoption in Texas. For additional information, please contact a Denton County family law attorney.  

Closed and Open Adoption

The rights available to birth parents after adoption primarily depend on whether the adoption is a closed or open adoption. Open adoption is a type of adoption in which the birth parents maintain contact with the child and adoptive parents following the child’s birth. In most cases of open adoption, the birth parents meet with potential adoptive parents prior to the child’s birth. When the birth parents find a compatible couple, both parties enter into a written agreement that allows for visitation and regular updates on the child.

By contrast, in a closed adoption, all birth and adoption records are sealed, and the birth parents don’t maintain a relationship with the child after the adoption is finalized. However, in Texas, when an adoptee reaches the age of 18, he or she can place his or her name on an adoption registry, which permits adult adoptees, birth parents, or siblings to connect with other registered family members.

Termination of Parental Rights

As noted above, unless an adoption is open, the birth parents have few or no rights once the adoption is finalized. In a closed adoption, the court terminates the birth parents’ parental rights once the adoption is complete. After the court terminates the birth parents’ parental rights, their rights and responsibilities regarding the child end. This means that the birth parents no longer have any obligation to provide for the child. However, following the termination of parental rights, the birth parents also lose the right to physical custody of the child and can no longer make legal decisions for the child. The adoption places these rights in the hands of the adoptive parents. Regardless of whether you need assistance with a closed or open adoption in Texas, it is imperative that you consult with a Denton County family law attorney before beginning the process. 

Contact our Denton County Family Law Attorney 

At Youngberg Law Firm, we understand the difficulties associated with family law matters. Issues like adoption, custody, and domestic violence are some of the most emotional ones that a couple or individual can endure. However, we also understand that those who are confronted by these types of issues require compassionate and knowledgeable legal counsel. Therefore, if you are facing a family law issue in Texas, please contact our experienced Denton County family law attorney for a consultation. 

Many stepparents who would like to formally adopt their stepchild are intimidated by the adoption process. This is understandable, as it is a complicated process with many steps.  However, with the assistance of an experienced adoption attorney, the adoption process becomes much easier. 

If you are a stepparent who would like to adopt your stepchild, you should strongly consider contacting a Texas stepparent adoption attorney to begin the process. Below is an overview of the stepchild adoption process in Texas. 

The Stepparent Files a Petition  

To begin a stepchild adoption in Texas, the stepparent must file a petition with the court. Under Texas law, a petition to adopt a stepchild joins two causes of action: (1) the termination of the natural parent’s parental rights and (2) adoption by the stepparent.

The Biological Parent’s Parental Rights Are Terminated

After the stepparent has filed a petition, the next step is the termination of the biological mother’s or father’s parental rights. Stepparent adoption in Texas requires that one biological parent’s rights be terminated. This process either involves the voluntary signing over parental rights by the biological parent or involuntary termination through the court intervention. 

A Social Study is Prepared 

Next, a social study evaluator evaluates the conditions and circumstances of the stepchild and prepares a social study. The requirements for completion of a social study are contained in the Texas Family Code. In order to complete the study, the social study evaluator conducts interviews with both parties to the case, joint interviews with each party to the case and the child, and individual interviews with the child.

An Amicus Attorney is Appointed

Finally, an amicus attorney is appointed to determine what is in the best interests of the child. The amicus attorney’s role is similar to the social study evaluator’s but involves a more in-depth analysis of a number of factors involved in the case. For example, an amicus attorney interviews the parents and other individuals involved in the child’s life, visits the child’s home, and performs a number of other important functions. 

Denton adoption attorney 

As you can see, there are many steps in the Texas stepchild adoption process, and it can be difficult to navigate alone. Therefore, if you’re interested in adopting your stepchild in Texas, you should enlist the services of a Denton adoption attorney. 

At Youngberg Law Firm, our Texas adoption attorney will help guide you through the stepchild adoption process in the most efficient manner possible while taking into account the unique circumstances of your family situation. We will always treat you with dignity and respect while working towards the best possible outcome in your case. In order to ensure that the adoption of your stepchild is handled with the utmost care, please contact us today for a consultation.

Same-sex married couples and heterosexual married couples have the same adoption rights in Texas. However, the adoption process can be complicated. Therefore, if you’d like to pursue adoption in Texas as a same-sex couple, please review the information below, and contact a Texas adoption attorney today for a consultation. 

Adoption laws in Texas 

The Texas Family Code allows adoption, whether by heterosexual or same-sex couples when it is in the best interests of the child. In addition, the adoption of a child over 12 years of age requires his or her consent to the adoption, and such consent must be given in writing or in court. The court, though, may waive this consent requirement if it determines that the waiver is in the child’s best interest. However, in order to ensure that your rights as an adopting same-sex couple are protected, it is important to consult with a Texas adoption attorney before beginning the process.  

Overview of same-sex adoption laws in Texas 

Below is an overview of the ways in which Texas addresses different types of same-sex adoption in Texas:

• Adoption by a single individual – Single individuals may petition for adoption in Texas regardless of sexual orientation. 
• Joint same-sex adoption – Texas does not prohibit adoption by same-sex couples, and Texas appellate courts have not addressed the issue of whether same-sex couples may jointly petition to adopt. However, as noted above, family courts in Texas allow adoption by same-sex couples. 
• Second parent same-sex adoption – There is no explicit prohibition on second parent same-sex adoption in Texas. Texas appellate courts have not addressed the issue of whether a same-sex partner may petition to adopt a partner’s child. However, like joint same-sex adoption, Texas courts generally permit second parent same-sex adoptions. 

Denton county adoption attorney 

If you are interested in adopting a child in Texas, you need an experienced attorney on your side. At Youngberg Law Firm, our Texas adoption attorney will help guide you through the adoption process. It is our goal to complete this process in the most efficient manner possible while taking into account the unique circumstances of your family. 

In addition, if you have other family law needs, our experienced Texas attorney can help. Our additional practice areas include divorce, child custody, child support, modifications of existing orders, enforcements, division of property, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. At Youngberg Law Firm, we understand the emotional and financial toll that a family law case can take on you and your family, so we will always treat you with dignity and respect while working towards the best possible outcome in your case. Please contact us today for a consultation.