Adoption Attorney in San Antonio, Texas

Through adoption, individuals and families are able to provide children in need with a stable home, adequate care, and a loving family. Unfortunately, adoption can often be complicated and overwhelming. If you're contemplating adopting a child in Texas, a knowledgeable family law attorney can provide detailed guidance.

For more than 35 years, James P Peterson has provided comprehensive legal guidance and strong advocacy to parents looking to explore their options with adoption. His experience allows him to evaluate your unique circumstances, explain your legal options, and guide you through every step of the adoption process.

Attorney James P. Peterson will offer you the experienced legal counsel and compassionate representation you need as you pursue adoption. Contact James P. Peterson Attorney at Law to start your adoption journey. The firm is located in San Antonio, Texas, and serves clients throughout San Antonio, Boerne, and New Braunfels.

Types of Adoption in Texas

Adoption is the legal process by which an adult chooses to accept another person's child legally into their family to raise him or her as their own child. In Texas, there are various types of adoption. These typically include the following:

State Adoption

This involves adopting a child through the Texas Department of Family and Protective Services (DFPS) or Child Protective Services (CPS). The prospective adoptive parent can work with DFPS or CPS to adopt children who have been removed from their former homes due to high-risk situations, such as child abuse, neglect, or abandonment.

Attorney James P. Peterson helps foster parents adopt children within and outside the CPS process.

Private Adoptions

A private adoption occurs between an adoptive family and the birth parent or family. Private adoptions offer a more personalized process as the adoptive parents often maintain direct contact with the birth family, allowing for a more tailored adoption experience.

This type of adoption can be advantageous for those seeking a specific match or who desire a faster and more confidential adoption process compared to adopting through state agencies.

International Adoptions

International adoptions involve adopting children from another country. An international adoption will often be arranged through an agency dealing with children from other countries placed in foster care or adoptive homes for several reasons.

Once the child is in Texas, most adoptive parents prefer to re-adopt the child to get a Texas birth certificate. Attorney James P. Peterson is experienced in these cases and can provide detailed counsel.

Step-Parent Adoption

Stepparents or family members looking to adopt their stepchild or relative can file a petition seeking the adoption of the child. This process is typically more straightforward because the child and adoptive parent(s) already have an established relationship. The birth parent's parental rights must be terminated before the adoption can be completed.

Adult Adoption

Adult adoption in Texas makes it possible for an adopted adult child to inherit property or possessions from their adoptive parent's estate. Often, adult adoptions are considered simply to formalize the relationship step-parents have had with the child they never adopted while the child was a minor.

Sometimes, older children want to be known as the child of the person who raised them. Texas law requires that the adoptive parent file a petition for adoption with the appropriate court to adopt the person. A name change is often sought at the same time as the adult adoption, but this is not required.

Understanding Texas Adoption Laws

When it comes to understanding how adoption works in Texas, there are a few concepts that require some clarity. If you or someone you know is considering adoption, here are some specific laws that guide adoption in Texas that you should be aware of:

Who is Eligible to Adopt in Texas?

The eligibility requirements to adopt are designed to ensure that children are placed in stable, loving homes. To be eligible to adopt in Texas, an individual must:

1. Be an adult: Only individuals who are 21 years of age or older can adopt a child in Texas.

2. Have financial stability: Prospective adoptive parents must demonstrate that they can provide financially for a child.

3. Have home stability: A safe and stable home environment is crucial. This includes undergoing a home study to evaluate the living conditions and overall ability to care for a child.

4. Get a background check: All adult members of the household are required to undergo a criminal background check, including fingerprinting.

5. Meet health requirements: The physical and mental health of the adoptive parent is considered to ensure they are capable of taking on the responsibilities of parenting.

6. Go through training: In some cases, prospective adoptive parents may need to complete training as part of the adoption process, especially when adopting through state agencies.

Meeting these requirements does not automatically guarantee approval to adopt. Each case is carefully reviewed to assess the best interests of the child and the suitability of the adoptive family. Attorney James P. Peterson can provide counsel and clarify any questions regarding eligibility as you go through the adoption process.

Is Consent Required for Adoption?

In Texas, obtaining consent is a crucial step in the adoption process to ensure legal and ethical compliance. Consent is required from the biological parents of the child being adopted, as their parental rights must be voluntarily relinquished before an adoption can proceed.

However, there are situations where consent may not be necessary, such as when the biological parents have abandoned the child, are deceased, or when the court has terminated their parental rights due to neglect or abuse.

For children aged 12 and older, the child's consent is also required unless the court finds it unnecessary for the child's welfare. If the adoption involves a step-parent, the process may still require consent from the non-custodial biological parent, unless their rights have already been terminated.

Given the complications surrounding consent, it is advisable to work with an experienced adoption attorney like James P. Peterson who will strive to ensure compliance with Texas adoption laws.

How the Texas Adoption Process Works

Initially, prospective adoptive parents must engage in a detailed application process, where they provide personal history and information about their suitability as adoptive parents. This is followed by a comprehensive home study conducted by social workers to assess the living environment, family dynamics, and readiness to adopt.

Once a child is identified for adoption, the prospective parents may spend time fostering the child to build a relationship and assess compatibility. Legal proceedings follow, where the court reviews all documentation and circumstances to determine if the adoption serves the child’s best interests.

After legal approval, the finalization of adoption takes place, granting the adoptive parents permanent parental rights and responsibilities.

Get The Trusted Guidance You Need Today

James P Peterson has devoted his career to offering experienced legal services and comprehensive guidance in family law and adoption matters, including private, international, and step-parent adoptions.

As your attorney, he will thoroughly explain all of your legal options, determine your eligibility, fill out all necessary paperwork, and submit the required documentation in court. Using his extensive experience and knowledge, he will make sure that all aspects of the adoption process are handled as efficiently and effectively as possible.