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Legal Overview

Summary of State Adoption Laws

TEXAS

Texas Code Annotated Family Code 16.01 to 16.55(1995); 15.01 to 15.07;

 and 11.03 to 11.04 (1995)

Who Can Adopt?

 Any adult may adopt. A husband and wife must adopt jointly, including thespouse of a stepparent.

Who Can Be Adopted?

 Any child or adult living in the State may be adopted.

Consent to Adoption

 The written consent of the following people must be given:

 (1) both natural parents;

 (2) a managing conservator (a person or agency who retains all of the rights,privileges, duties, and powers of a parent to the exclusion of other parents)if one has been appointed; and

 (3) the adoptee who is 12 years of age or older, unless waived by the court.

 Consent is not required of the following:

 (1) a parent who has voluntarily left the child alone or in the possession ofanother with no intent to return and without providing adequate support for thechild;

 (2) a parent who has abandoned the child without means of identification; or

 (3) the alleged father, who upon notice fails to respond by timely filing anadmission of paternity.

 No decree for adoption may be filed unless parental rights have beenterminated as to each parent of the child. Consent to the adoption may berevoked any time before the final adoption order is entered.

Confidentiality

 The preadoption report shall provide adoptive parents with the health, social,educational, and genetic history of the child, which shall includenonidentifying information about the child's biological family.

 A mutual consent voluntary adoption registry shall be established throughwhich adoptees, birth parents, and biological parents or siblings over 21 yearsold can locate each other. If both parties have agreed to disclose informationthen a match will be made and identifying information will be released. Incertain circumstances, such as where the parent has failed to respond torequests for the parent's consent or is deceased the identifying informationwill be released.

Permissible Fees

 There are no provisions in the law regarding permissible fees.

Place of Adoption Hearing

 An adoption hearing may take place in the court of the county where the childor where the adoptive parents live.

Authority To Place Child

 The Texas Department of Social Services or an authorized agency, person, orentity may place the child for adoption.

Relative Adoption

 In the case of relative or stepparent adoption the preadoption report on thechild's health, genetic, social, and educational status is not required.

Attorney Referral Service

State Bar of Texas
P.O. Box 12487
Austin, TX 78711
(512) 463-1400

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