Megan B. Rachel, Attorney At Law

Family Law, Divorce, and Child Custody Law Firm

214-396-2048

Adoption

Adoption 101: Avoiding Adoption Delays And Denials

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You know from the moment you see your child that they were meant for you. The adoptive parent process is no different but adoptive parents have a much harder road to family that can lead to a jar full of emotions – excitement, worry, fear and joy. A parent’s desire to do the exactly perfect thing at the exactly perfect time can make legal judgement calls difficult and blurred, especially considering the complexity of adoption laws here in Texas. This is where Megan can help, an adoption attorney trusts to not only handle their legal matters but also give wise, caring counsel for the best outcome possible.

Avoiding Delays and Denials

It can be tempting to go it alone during the adoption process but it is never advised to travel this road by yourself. You deserve so much more than that. Not only can a law firm help you to understand legal documents, processes and deadlines, they can also help you to know when to remain calm and when to worry, providing support and honest answers. Because delays can and do happen, this alone can be extremely beneficial. Having a lawyer who has helped secure hundreds of adoptions can undoubtedly help you to avoid unnecessary delays. Most importantly, your lawyer can advise you on what you should do to greatly decrease the chances of heartbreaking adoption denials.

Get Help With Your Adoption Today

Adoption should be a joyful time of anticipation for you and your growing family. Rely on the adoption attorney Denton trusts to guide them each step of the way and call or contact the firm today to learn more about what they can do to make your adoption a positive experience. From helping with legal documents to talking you through any question or issue you may have, when you choose Megan Rachel you are choosing the understanding, dedicated attorney that will go above and beyond the call of duty to help you and your family enjoy the process that leads you to a lifetime of loving the child that was meant for you.

Texas Adoption Procedures: Key Information

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Texas Adoption Procedures: Key Information

Adopting a child can be one of the most rewarding experiences in a parent’s life. However, laws relating to adoption are often complex.

That is why it is important not only to possess a thorough understanding of all applicable adoption laws, but also to have guidance through the entire process. This helps avoid complications that can delay the process or ultimately result in an adoption denial.

Consent and communication are the two main adoption issues

Adoption is a legal proceeding involving the official termination of parental rights by a child’s birth parents. The child’s adoptive parents then take legal responsibility for all parental rights of the child.

Birth parents may choose the adoptive parents; however, a birth mother may not consent to adoption until 48 hours after the child’s birth. This rule also applies to a biological father who is married to the birth mother.

Even fathers who are not married to the birth mother must consent to the adoption. By law, the birth father must be notified of the mother’s intention to adopt the child. If the birth father’s whereabouts are unknown, a reasonable effort must be made to contact him.

Birth parents may officially sign all legal documents relating to the child’s adoption any time after this 48-hour waiting period. Consent is not necessary when:

  • Parental rights have been officially terminated
  • The child unintentionally survived a planned abortion
  • The child’s birth is the result of a crime

If the biological mother suffers from mental illness and is unable to care for the child, consent is also unnecessary.

Consent is revocable within the first 10 days of signing the adoption papers. If the birth parents properly revoke their consent within the applicable time limit, the child is typically returned.

Texas law allows communication between birth and adoptive parents. The terms of communication are documented in a Trust Agreement.

However, adoptive parents reserve the right to modify this agreement at any time and may choose to limit or prevent contact between the child and his or her birth parents. An adoptive child who is forbidden from communicating with birth parents must wait until reaching adulthood before attempting contact.

Texas requires a six-month monitoring period for adoptive parents

In order to become an adoptive parent, an individual must be over 18 years of age. Additionally, if the potential adoptive parents are married, the petition for adoption must come from both parties.

Prospective adoptive parents may not advertise for birth parents. Rather, a qualified intermediary such as an attorney is normally used to facilitate the adoption process.

There are several procedures involved with ensuring adoptive parents are qualified to adopt a child. Home screening is mandatory, and the criminal histories of both adoptive parents are carefully scrutinized.

The adoption process is not complete until the child resides with the adoptive parents for a period of six months. The situation is monitored by a licensed child placement agency during this time.

The adoption is officially finalized at the end of the six months during a court proceeding. In some circumstances, a court may waive this six-month period if it is in the best interests of the child.

Individuals wishing to adopt a child should contact an experienced adoption lawyer. A skilled adoption lawyer understands the emotional stress and anticipation felt by both parents before an adoption.

The lawyer can act in the role of a counselor and provide advice to parents on the most efficient method of transferring parental rights. This ensures the least traumatic transition for the adopted child.