Adoptions

The types of adoption cases that Enos Family Law handles include:

• A step-parent is married to parent A and parent B is deceased or has signed or will sign an affidavit of relinquishment of parental rights. In this type of step-parent adoption case, the law firm’s clients are parent A and the step-parent.
• A step-parent was married to parent A, who is now deceased, and parent B is deceased or has signed or will sign an affidavit of relinquishment of parental rights. In this type of adoption case, the law firm’s client is the step-parent.
• Grandparents are adopting the child and the child’s biological parents are deceased or have signed or will sign affidavits of relinquishment of parental rights. In this type of adoption case, the law firm’s client is the grandparent(s).

Adoptions of minor children in Texas require an order terminating parental rights between the child to be adopted and the parent of the child that is not the stepparent’s spouse or by both parents if it is a grandparent adoption case.

If the child needs an order of termination of parental rights before the child is eligible to be adopted, the courts allow the termination and adoption cases to be filed together as one case. The termination and adoption happen in the same proceeding.

Termination and adoption lawsuits must be served on the child’s other parent, if living, whose parental rights will be terminated, and anyone with a court-ordered relationship with the child.

If the termination is agreed upon, the parent whose rights will be terminated should sign an “Affidavit of Voluntary Relinquishment of Parental Rights.” This affidavit usually says that no service is necessary.

If the child is twelve years of age or older, the child must consent to the adoption in writing or in court. A child who is ten years of age or older must consent if the adoption will change the child’s name.

Usually, the child, siblings, and the step-parent or adopting grandparents go to court for the final hearing as does the parent whose parental rights are not being terminated. Adoption hearings are joyous family events and typically the judge allows photographs to be made after the adoption is granted.

Before the final adoption hearing:

• The parent whose rights will be terminated should sign an “Affidavit of Voluntary Relinquishment of Parental Rights.”
• The step-parent or grandparents who are adopting the child must submit to a criminal background check.
• The court may order an adoption evaluation to evaluate each party requesting the parent-child relationship’s termination or an adoption suit. If the case is completely agreed to and the step-parent or grandparent passes their criminal history check, the court may waive this requirement.
• The court may also order the appointment of an attorney ad litem to represent the child(ren) in the case. The adopting step-parent or grandparent may ask the judge to order the adoption evaluation or the attorney ad litem. Sometimes, the judge may order both.
• The petitioner in an adoption case must file a signed and notarized affidavit concerning compliance, or noncompliance if it does not apply, with the Interstate Compact on the Placement of Children.
• Some courts require a Child Protective Services Central Registry Check and/or a certificate from the Texas Paternity Registry that says no other man has claimed paternity of the child.
• A proposed order of termination and an order of adoption is also filed with the court for the judge to sign at the hearing.

A termination of parental rights and an adoption can only be granted if the judge finds that the termination of parental rights and the adoption is in the child’s best interest.

An adoption order makes the adopted child the son or daughter of the stepparent or grandparent, ends the child support obligation of the terminated parent, except that any past due child support arrears still must be paid, and may change the child’s name.

An adoption allows the parents to get the child a new birth certificate. Termination and adoption cases are sealed after the case is over, so it is important to get several certified copies of the orders before the case is over.