Ensure a Smooth Process with a Caring Private Adoption Attorney in San Antonio, TX
Making independent adoptions simple, secure, and stress-free.
Every year, thousands of Texas families start or expand by adopting children. Although adoptive parents may take different paths to adoption, they are all driven by the same desire to provide a safe home for children whose biological parents no longer have parental rights.
Private adoption is one route you can take to adopt a child born in the United States or internationally. Of the nearly four million children born in the U.S. each year, 0.5% are adopted domestically as infants. There are also thousands of older children and children with special needs who would benefit from being adopted into a loving home.
If you are one of the thousands of Texans considering adoption, working with an experienced private adoption attorney can make the process smoother and less stressful. You’ll want to understand how the process works and what your rights are when you commit to adopting a child. Attorney James P. Peterson has helped hundreds of clients in San Antonio, TX, start or grow a family through private adoption.
What Are Private Adoptions?
Private adoptions usually involve an infant born in the U.S., though older children and those with special needs can also be adopted. A private adoption typically refers to a non-family member adopting a child, but when a relative—such as a grandparent, aunt, uncle, or cousin—adopts, the process is very similar. Whether you’re working with a family adoption attorney or pursuing adoption as an independent adoption attorney would guide, both routes involve the biological parents voluntarily surrendering their parental rights, often making the process quicker than a state adoption.
In most private adoptions, the birth parents select the adoptive parents, and if both parties agree, they may maintain a relationship after the adoption. While Texas law prohibits adoptive parents from paying birth parents or making promises of future contact to influence their decision, an experienced private adoption lawyer or adoption law firm can help ensure that all communication and agreements are handled legally and ethically. Typically, relationships between biological and adoptive parents begin before the child’s birth.
Once biological parents in Texas provide written consent to terminate their parental rights for a private adoption, they have only 10 days to withdraw consent—after that, revocation is only possible by proving fraud or coercion. This legal safeguard protects adoptive parents from the heartbreak of losing the child. An adult may adopt a child in Texas, but if married, their spouse must consent and will generally join in the adoption. Working with a knowledgeable independent adoption attorney ensures that every step of this process is secure, compliant, and focused on building a stable future for the child.
What Is the Private Adoption Process in Texas?
Details of the private adoption process can vary; however, there are common general steps:
The birth parents (usually the mother) will contact the adoptive parents to develop an adoption plan. The plan firms up the agreement for the biological parents to surrender their parental rights, and for the adoptive parents to become the legal parents of the child. The plan will not be formalized until after the child is born in the case of a newborn adoption.
The biological parents select the adoptive parents; however, Texas law dictates the investigation process and approval of the adoptive parents. The adoptive parents will undergo a home study where a caseworker appointed by the court will evaluate the suitability of the adoptive family, their home, and their ability to care for the child. This study is best started before the child is born.
Following the birth of the child, and more than 48 hours after the birth of the child, the mother must sign an Affidavit of Relinquishment of Parental Rights. This document is the basis of the termination of the mother’s parental rights, and gives the adoptive parents the power to consent to medical treatment for the child. The court must approve the termination of the birth parents’ parental rights and bestows parental rights on the adoptive parents. There will also be home visits by the case worker after the child is placed with the adoptive parents. The court will finalize the adoption after the case worker files a positive report of the home study.
How Can Legal Counsel Help?
Adoption is a legal process. One misstep in complying with Texas law could delay the process or render disapproval from the court. A private adoption attorney experienced with San Antonio, TX’s private adoptions will help you navigate the process from beginning to end. You can focus on creating a welcoming home for the child while your attorney advocates for your legal rights as adoptive parents. Let us turn a complex process into a smooth path toward growing your family!