Is adoption a lawsuit that must be filed in a court?
An adoption is considered a lawsuit with a petitioner and a respondent. The petitioner(s) are the parent(s) seeking to adopt. The respondent can be the parent(s) willing to place their child (or have their rights terminated) or an entity such as Texas Department of Family and Protective Services or a private agency that has permanent managing conservatorship of the child. A petition for adoption is filed with the Court that has jurisdiction over the child. Usually, this is where the child lives.
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Can I see a child's records and other information before I adopt the child?
A person that wants to adopt a child from the Texas Department of Family and Protective Services, a child placing agency, or the child's biological parents has the right to examine the records and other information relating to the history of the child. Information that must be made available includes the available health, social, educational, and genetic history of the child to be adopted. Other information that must be made available includes the history of physical, sexual, or emotional abuse of the child to be adopted, and medical, psychological, and psychiatric information of the child to be adopted.
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How long does a child need to live with his/her adoptive parents before an adoption can be finalized?
A child must live with the persons wanting to adopt for at least six months unless a waiver is included in the original petition for adoption stating that the child's best interests are for the adoption to occur sooner.
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Can an attorney find a child for me and then complete the adoption?
No. Only a natural or adoptive parent of the child, legal guardian of the child, or a licensed child-placing agency can serve as an intermediary between a prospective adoptive parent and an expectant parent or parent of a minor child or place the child for adoption.
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Can I place an advertisement stating my interest in adopting?
No. Individuals cannon solicit potential mothers/fathers to give up their child/children.
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How much does an adoption cost?
Adoptions from State Agencies can range from zero to $2,500 in upfront fees and expenses. There are no fees for adoptions from the Texas Department of Family and Protective Services (CPS) although there may be some legal fees. Costs for domestic private adoptions can range from $4,000 to $30,000. International adoptions can range in cost from $7,000 to $25,000.
There are a number of assistance programs available to help with the cost of adoption, including federal tax credits.
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Why do some people get payments until the child is 18 (for those who are adopted) and others do not?
There may be Federal or State adoption subsidies available for the ongoing care of children with special physical, mental, or emotional needs or sibling groups. Also, some children qualify for Social Security Insurance payments (SSI) or Medicaid because of certain medical conditions.
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Can the birth parents come back to get the child once the adoption is completed?
No. In the state of Texas, when the birth parents relinquish their parental rights, termination is irrevocable.
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How do I find an adoption attorney?
If you are adopting from a State Agency, they may have a list of attorneys that you can contact. You can also use one of the attorney referral services such as the Travis County Lawyer Referral Service, the Texas State Bar Lawyer Referral Service or FindLaw.*
* Contact information for the Travis County Lawyer Referral Service, the Texas State Bar Lawyer Referral Service, and FindLaw are on our Resources page.
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