Dallas Adoption Lawyer

Adoption Attorney In Dallas

Thinking of adopting in Dallas? Congratulations! It’s probably one of the biggest acts and expressions of love you can show a child. Our Dallas adoption attorneys can’t think of a better way of expressing love than telling a child (and then making it legally official) that you (and your spouse if you are married) will take that child and love them, protect them, feed them, shelter them, discipline them, and educate them. Our hat is off to you. You’re a rock star.

What is a Private Domestic Adoption in Texas?

Private Domestic Adoption a generic term I’ve coined for the following situation: a child (a person under the age of 18) is located locally in Texas and you want to start legal proceedings to start the adoption process and the Texas Department of Family and Protective Services (commonly referred to as CPS) is not involved. You simply hire and pay a private lawyer, and the lawyer you hire handles the legal paperwork for you.

Typically a private adoption is where a child comes into a married couple’s life either by accident, death of the parents or agreement between the parents and the State isn’t involved. Adoption by accident? Yes it has happened. Usually it means simply that, due to the life circumstances of the birth parents, a child will find his/her way into a prospective parent’s life and everyone simply agrees (including the child) that the adoptive parents are in a better position to take care of the child than the birth parents. Sometimes the child wasn’t planned and everyone agrees the child will be better off with the prospective parents. The vast majority of private adoptions usually include a family member adopting another family member’s child.

Texas Legal Matters Involving Adoption

There are a million exceptions to some of these requirements but our Dallas adoption attorneys provide a brief outline below. Particulars can always be discussed in person. A person wanting to adopt a child must do or comply with the following:

1. Both biological parents’ parental rights have been terminated or they have signed Affidavits of Voluntary Relinquishment.
2. Join their spouse in the petition to adopt if they are married. You can’t half adopt the kid if you are married. Sorry no exceptions.
3. The child must reside in this State
4. The parent-child relationship as to each living parent must be terminated. If it’s a step parent adoption then the parent child relationship must be terminated between with respect to the non-adopting parent and the child must have lived with the step-parent for one year (six months if the child is less than two years old)
5. If you’re a member of the military, armed forces or National Guard then the Court or an adoption evaluator cannot make a negative inference of your service. Seems like a no brainer but it’s in the Code.
6. An adoption evaluation must be completed. Cannot be waived by consent of the parties or consent of the Court.
7. Preparation of a Health, Social, Educational & Genetic History Report. There are tons of exceptions to this requirement and it’s usually not required for private placement adoptions but it is a requirement if you don’t meet an exception. Usual exceptions are step-parent adoptions. Click here for link of what this is.
8. Criminal Histories of adoptive parents.
9. Child must have resided with the adoptive parents for no less than six months. This can be waived by the Court if the waiver is in the child’s best interests.
10. The adoption must be in the child’s best interests. If it’s not good for the kid then we don’t let you adopt.

The vast majority of these items are handled by the law office and attorney handling the adoption. The purpose of this article is to give the reader a sense of what is involved with an adoption. At the conclusion of the case and once all the prerequisites have been fulfilled then the Court will schedule a Court Hearing, confirm compliance of all of the above and grant the adoption. The Court will then sign a Court Order granting the adoption (done at the same time as the hearing) thus making it official and legally binding.

Why You Need a Health, Social, Educational, and Genetic History Report for Adoption in Texas

§162.007. Contents of Health, Social, Educational, and Genetic History Report

Basically this section provides basic information an adoptive parent would want to have and is provided by the birth parent to help the adoptive parent. Information like medical conditions, special learning needs, medical issues that need addressed either past or ongoing. Below are the actual contents of what is needed to be provided. It’s usually not needed in private adoptions since usually one adoptive parent has some type of family relationship with a biological parent and thus already has access to the types of information provided.

(a) The health history of the child must include information about:

(1) the child’s health status at the time of placement;

(2) the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information;

(3) a record of immunizations for the child; and

(4) the available results of medical, psychological, psychiatric, and dental examinations of the child.

(b) The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child’s siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

(c) The educational history of the child must include, to the extent known, information about:

(1) the enrollment and performance of the child in educational institutions;

(2) results of educational testing and standardized tests for the child; and

(3) special educational needs, if any, of the child.

(d) The genetic history of the child must include a description of the child’s parents by birth and their parents, any other child born to either of the child’s parents, and extended family members and must include, to the extent the information is available, information about:

(1) their health and medical history, including any genetic diseases and disorders;

(2) their health status at the time of placement;

(3) the cause of and their age at death;

(4) their height, weight, and eye and hair color;

(5) their nationality and ethnic background;

(6) their general levels of educational and professional achievements, if any;

(7) their religious backgrounds, if any;

(8) any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;

(9) any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code; and

(10) any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

(e) The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

(f) Notwithstanding the other provisions of this section, the Department of Family and Protective Services may, in accordance with department rule, modify the form and contents of the health, social, educational, and genetic history report for a child as the department determines appropriate based on:

(1) the relationship between the prospective adoptive parents and the child or the child’s birth family;

(2) the provision of the child’s case record to the prospective adoptive parents; or

(3) any other factor specified by department rule.

Contact Experienced Dallas Adoption Attorneys Today

Our firm has 20 years of experience helping clients throughout Texas. Schedule a consultation today at 217-977-9050 or complete our contact form.