Private Adoptions In Texas: What Makes A Strong Petition?

In this article, you will discover:

• The step-by-step process for private adoption in Texas.
• How courts assess the suitability of a home in a private adoption.
• Red flags that can indicate weaknesses in your private adoption case.

What Is The Step-By-Step Legal Process For Private Adoption In Texas?

1. Selecting Jurisdiction And Venue
   The first step in preparing for a court to render a final decree in a private adoption case is selecting the proper jurisdiction and venue. Selecting proper jurisdiction means ensuring the necessary parties are subject to the jurisdiction of a court in the State of Texas. Selecting the proper venue ensures you’re in the appropriate county and that you’ve chosen the correct court to file your lawsuit.
   Under the Family Code, a petition for adoption can be filed in any venue if all the parties to the adoption agree. This option may be relevant if a parent places a child for adoption in a particular venue that allows the extended family to participate more easily or because that’s where the attorney handling the adoption primarily practices.
2. Terminating Birth Parents’ Rights
   Once you have established the proper jurisdiction and venue, you must address parental rights. Depending on the circumstances, this may involve a biological, alleged, or unknown father and the mother who gave birth to the child.
   There are many avenues available for ensuring that parental rights are terminated legally so that you can pursue the adoption and obtain that sought-after Final Decree of Adoption. You want to work with an attorney who checks all of the prerequisites and ensures that parental rights are correctly handled in the termination proceeding before the court renders its final decree granting the adoption.
3. Proving Up The Adoption
   Finally, you must be ready to “prove up” the adoption. How do you show the court that the adoption is in the best interest of this child? What necessary documents might the petitioner seeking the adoption need to have?
   Those documents should include the adoptive home study, which is prepared by a social worker who has interviewed your family and submitted a home study report recommending the adoption.
   Another essential document is the criminal and CPS background checks. Don’t worry! The criminal background check isnot intended to uncover traffic tickets or minor disturbances from 20 years ago when you were in college. It’s designed to expose major crimes that may indicate whether you could be a danger to a child. The CPS history check will check the central registry to determine if there are substantiated allegations of abuse or neglect against the parties seeking to adopt.
   
4. The Final Hearing
   

Once you have your paperwork in order, your attorney can schedule a final hearing to prove up the adoption before the court. These proceedings are usually more casual than a normal court appearance and can involve many friends and relatives to celebrate the exciting day.. Once you get the judge’s signature on that final decree of adoption, you should plan to take pictures and celebrate that exciting adoptive moment in the courtroom.

Attorney Christina Perrone is a seasoned lawyer based in Greenville, TX, who has helped countless clients just like you navigate the intricacies of adoption law. With years of experience, she is prepared to assist you with your Texas private adoption petition so you can successfully fulfill your dream of being a parent.

Still have questions? Ready to get started? Contact The Perrone Law Firm, PLLC today to schedule an initial consultation.

What Documents Are Needed For A Private Adoption Petition?

If you’re seeking to have a child placed with you for adoption, you need to participate in the home study and the background checks. Have those on file with the court before the court signs that final adoption decree.

The other necessary document is an Interstate Compact on the Placement of Children (“ICPC”) affidavit. That’s simply an affidavit stating that the child was born and is being adopted in Texas. However, if the child was born outside the State of Texas and brought to Texas for adoption, that’s where an ICPC Affidavit will be crucial.

If the child was born in another state and is being placed for adoption in Texas, ICPC may apply. In that case, youmust sign the ICPC affidavit as the petitioner, stating you complied with the Interstate Compact on the Placement of Children process and did all that was necessary under federal law to ensure that the adoption complies with the ICPC requirements.

Another necessary form is the Health, Social, Educational, Genetic History report. This report contains information provided by the child’s birth family. It is required in most adoptions.

Once these documents are completed, you should be ready to set your hearing to finalize your adoption.

How Do Texas Courts Evaluate The Suitability Of An Adoptive Home In A Private Adoption?

The courts review the home study conducted by a licensed social worker. There are specific requirements in the Texas Family Code about what an adoptive home study needs to address:

• What did you do to prepare for the adoption?
• What accommodations or changes have you made to your home to accommodate the adoptive child?
• What was your fertility journey like, so the evaluator can determine if your motivations for adoption are appropriate?
• How does the extended family feel about adoption?

The answers to those questions are prepared in a concise written report filed directly with the court by the adoption home study evaluator. Having the report on file ensures that the court has the evidence it needs to evaluate the appropriateness of the proposed adoptive home. The court will review to ensure that all evaluative techniques were complied with and that all questions were thoroughly answered.

If there are any remaining issues, the court can allow you to explain or provide some context that may be relevant to the court’s evaluation of the adoptive home.

The other component is the background check, which can include a criminal background check and a Child Protective Services involvement check to determine if you have ever been involved in situations that might endanger a child.

The court will want to know if these issues have been addressed and whether they apply to you. For those reasons, they will seek documentation demonstrating that a proper inquiry has been made before you obtain the final decree of adoption.

Attorney Christina Perrone is a seasoned lawyer based in Greenville, TX, who has helped countless clients just like you navigate the intricacies of adoption law. With years of experience, she is prepared to assist you with your Texas private adoption petition so you can successfully fulfill your dream of being a parent.

Still have questions? Ready to get started? Contact The Perrone Law Firm, PLLC today to schedule an initial consultation.

What Are Some Common Red Flags That Can Weaken My Private Adoption Petition?

One of the most common red flags is not having all the necessary paperwork at the adoption hearing. If you’re missing a criminal background check or Child Protective Services history, those will be significant red flags for the court. Their absence will cause the court to question whether everything was thoroughly reviewed before the hearing.

If the judge then has to spend their own time reviewing the missing information, they may question whether your adoption case is ready for finalization. The court may order you to go back and correct these omissions before they finalize the adoption.

The other significant red flag is if you haven’t appropriately dealt with the birth parents’ rights. Under the law, birth parents hold the initial set of parental rights. To legally address those rights, a termination is required. There may be an involuntary termination due to some act of a birth parent or a voluntary relinquishment because the birth parents voluntarily placed a child for adoption.

It doesn’t matter to the court which route you take, but there must be proof of termination. You must either request the court to order termination as part of the adoption process or present the court with the birth family’s prior order of termination so the court is in a position to render an adoption.

If these terminations aren’t handled before you reach court and ask for that final decree, it’s not only a red flag to the court, but it also puts your adoption at legal risk.

How Can A Family Law Attorney Strengthen My Private Adoption Case?

There are many specific legal requirements necessary to ensure the adoption is bulletproof. Having an attorney who makes sure everything is complete before appearing before the court is crucial. There are also so many specific legal nuances to consider. You don’t want your adoption to be challenged by the birth parents or their extended family members, who may decide to come forward later.

Suppose there’s a contested adoption. Perhaps the birth mother decided to place the child for adoption, and you’re working to get those termination tasks completed regarding the mother’s parental rights. If the biological father doesn’t agree to the termination, there might be a need for a contested final hearing. You’ll need an attorney to ensure you obtain the appropriate termination relief you need to move forward with your private adoption.

You also want to work with a family law attorney whose specialized knowledge can ensure that:

• The adoptive home study meets all of the requirements under the Family Code
• The criminal history and the background checks are completed
• The ICPC affidavit is signed off and compliant with the requirements

It’s essential to have an attorney involved from the outset. There’s no time to waste. By the time you appear before the court, you want to have everything you possibly need accounted for.

What Key Elements Make A Private Adoption Petition Stand Out To The Court?

The court needs to know if termination has already occurred. Specifically, is this a joint petition requesting termination and adoption simultaneously, or is it a petition requesting adoption only? If it’s the latter, the court must see the prior termination order before it can grant the adoption.

The other key elements are the findings of the home study, the criminal history background checks and the affidavits. Those documents can be filed after the petition if they’re not completed yet, but the petition needs to reflect that they will be filed before any hearing.

Those are specific elements the court looks for in your petition to ensure that it’s ready and timely set for that final adoption day.

Still Have Questions? Ready To Get Started?

For more information on private adoptions in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 202-3911 today.