Adoption Law Texas

PROCEDURE OF ADOPTION- TEXAS

The persons who are wishing to adopt a child, need to file a suit to adopt, in the District Court or a Statutory County Court which have been granted jurisdiction in family law cases and proceedings in the county of the petitioner's residence. An application for adoption shall contain the following:

  1. the name, address, and telephone number of the applicant;
  2. the age, date of birth, and place of birth of the applicant;
  3. the original name of the adoptee, if known;
  4. the adoptive name of the adoptee, if known;
  5. a statement that the applicant is willing to allow the applicant's identity to be disclosed to a registrant who is eligible to learn the applicant's identity;
  6. the name, address, and telephone number of the agency or other entity, organization, or person placing the adoptee for adoption, if known, or, if not known, a statement that the applicant does not know that information;
  7. an authorization to the administrator and the administrator's designees to inspect all vital statistics records, court records, and agency records, including confidential records, relating to the birth, adoption, marriage, and divorce of the applicant or to the birth and death of any child or sibling by birth or adoption of the applicant;
  8. the specific address to which the applicant wishes notice of a successful match to be mailed;
  9. a statement that the applicant either does or does not consent to disclosure of identifying information about the applicant after the applicant's death;
  10. a statement that the registration is to be effective for 99 years or for a stated shorter period selected by the applicant; and
  11. a statement that the adoptee applicant either does or does not desire to be informed that registry records indicate that the applicant has a biological sibling
  12. The application may contain the applicant's social security number if the applicant, after being advised of the right not to supply the number, voluntarily furnishes it.
  13. The application of a birth parent must include:
    1. the original name and date of birth or approximate date of birth of each adoptee with respect to whom the parent is registering;
    2. the names of all other birth children, including maiden names, aliases, dates and places of birth, and names of the birth parents;
    3. each name known or thought by the applicant to have been used by the adoptee's other birth parent;
    4. the last known address of the adoptee's other birth parent; and
    5. other available information through which the other birth parent may be identified.
  14. The application of a biological sibling must include
    1. a statement explaining the applicant's basis for believing that the applicant has one or more biological siblings;
    2. the names, including maiden and married names, and aliases of all the applicant's siblings by birth and adoption and their dates and places of birth, if known;
    3. the names of the applicant's legal parents;
    4. the names of the applicant's birth parents, if known; and
    5. any other information known to the applicant through which the existence and identity of the applicant's biological siblings can be confirmed.
An application may also contain additional information through which the applicant's identity and eligibility to register may be ascertained.
 
The administrator shall assist the applicant in filling out the application if the applicant is unable to complete the application without assistance, but the administrator may not furnish the applicant with any substantive information necessary to complete the application.
  1. If a petitioner is married, both spouses must join in the petition for adoption.
  2. A child residing in this state may be adopted if:
    1. the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
    2. the parent whose rights have not been terminated and is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
    3. the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption
      • has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or
      • is the child's former stepparent, and
      • the non-terminated parent consents to the adoption; or
    4. the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption
      • is the child's former stepparent and has been a managing conservator or
      • has had actual care, possession, and control of the child for a period of one year preceding the adoption.

An affidavit of relinquishment of parental rights contains the following

  1. a consent for the Department of Protective and Regulatory Services or
  2. a consent of a licensed child-placing agency to place the child for adoption

and the department or agency managing conservator of the child is being appointed, no further consent by the parent is required. The adoption order shall terminate all rights of the parent without further termination proceedings.