What is Adoption?
Adoption is the process of forming a legal parent-child relationship between an adult, not already a legal parent, and a child. Through adoption, a person (other than the birth parent) will enjoy all the rights and duties of a birth parent and becomes legally responsible for the child's physical, material, and emotional well-being. In sum, the final result is that an adoptive parent is legally indistinguishable from a birth parent.
Why do I need an attorney to adopt?
In Texas, an attorney cannot locate a birth mother for adoptive parents. While the attorneys of Julian, Crowder & Shuster, P.C. do not arrange adoptions between biological and prospective adoptive parents or locate children for purposes of adoption, we do represent the potential adoptive parents in the adoption process. Adopting a child requires the termination of the parental rights of one or both biological parents and legal restoration of those parental rights in the adoptive parents. We facilitate that legal process from start to finish.
What types of adoptions are available in Texas?
Texas permits both private and agency adoptions.
- Private Adoptions: Private adoptions are often referred to as independent adoptions. This type of adoption is the most common. In an independent adoption, it is the prospective adoptive parents who locate a birth mother who is willing to place her child for adoption. Another type of private adoption is where a step-parent wants to adopt the child of his or her spouse. In order for this to occur, the parental rights of the other biological parent must be terminated first.
- Agency Adoptions: In an agency adoption, prospective adoptive parents apply with an agency and wait for the agency to select them to adopt a certain child. The agency itself locates a birth mother wanting to give her child up for adoption to a loving family. The agency acts as an intermediary between the birth parents and the adoptive couple. The agency should make all of the necessary arrangements to facilitate the adoption.
How are the birth parents' rights terminated?
As stated above, the biological parents' parental rights must be terminated for an adoption to take place. The biological parents may voluntarily relinquish their parental rights, allowing for adoption of the child by qualified adoptive parents. In the instance of involuntary terminations, adoptive parents bring suit against the biological parents to involuntarily terminate the parental rights of the biological parents. The Texas Family Code contains a number of grounds under which involuntary termination may be granted.
What about adoptions involving a child outside of Texas?
An interstate adoption requires compliance with the Interstate Compact which is a uniform set of regulations between states. The compact basically states that you can not bring a child from one state to another, for the purposes of adoption, without obtaining permission from the Compact Administrator. The compact requires documentation showing that the parental rights have been or can be terminated, a copy of the genetic history for a child and a home study. It typically takes about 10 days to get the approval from the Interstate Compact. During this time you will not be able to leave the state with the child.
What is a pre-adoptive home screening?
A pre-adoptive home screening is a report prepared by a licensed social worker with experience in adoption studies.
The process includes:
- interviews with the adoptive parents;
- obtaining verification of certain legal documents;
- obtaining letters of reference from friends and family;
- confirmation of your financial status; and
- criminal history and child abuse checks.
The report will be put in written form and submitted with the Interstate Compact packet. This report is also filed with the court that grants the termination of parental rights. The home screening will then be updated through post placement visits. These visits will focus and report on the child's progress in your home. This post placement report will be submitted to the court at the time of the adoption hearing.
Are there any tax credits given for adopting a child?
Yes. The adoption tax credit gives you a credit against taxes for up to $10,000 for qualified adoption related expenses. In special needs adoptions, the $10,000 credit will be allowed with or without qualified expenses. This adoption tax credit, however, does not apply to step-parent adoptions. Qualified expenses include agency fees, attorney's fees, travel expenses and lodging. There are certain income limitations with regard to this credit.
What is an open adoption?
An open adoption is one where the adoptive parents and birth parents continue to have some type of contact with each other. Some open adoptions consist of only an exchange of names, others include provisions for on-going contact. In private adoptions it is up to the adoptive parents and the birth parents to determine the amount and type of contact that they desire to have in the future. In an agency adoption, the agency will continue to act as an intermediary to facilitate future contact. Generally, Texas law does not recognize these contracts.
How much will attorney's fees be in an adoption?
The amount will vary based upon the complexity of the adoption and whether the termination of the birth parents' parental rights is voluntary or not. We charge an hourly rate of $250.00 for private adoptions. A minimum $2,500.00 retainer is required.
How long will a private adoption take?
The voluntary termination of parental rights is usually done within a short period of time. An involuntary termination can take much longer. Your petition for adoption can not be finalized until the child has been in your possession for six months. At the time of the adoption you must present the court with a social study, a genetic history, and the results of a criminal history report.
