Adoption establishes the legal relationship of a parent and child between two individuals who are legal strangers. Adoption proceedings are Suits Affecting the Parent-Child Relationship (SAPCR), and if a biological parent does not consent to the adoption, the process can only be completed on strict compliance with statutory requirements.
Adoption in Texas may occur through agency adoption or private/ domestic adoption. Agency adoption requires that the biological parent has relinquished their parental right voluntarily or the court has terminated the biological parent’s rights involuntarily and the child is placed in the care of a state agency. A child may also be adopted by a stepparent, foster parent, relative, or by a person who has had actual care of a child under two years for more than one year. Private adoption is one in which the child’s natural parent, adoptive parent, or legal guardian makes the arrangement for the child to be adopted by another person. When adoption occurs, the legal relationship between the adopted child and the biological parents is severed except for the child’s inheritance rights, which the child retains unless the court provides otherwise.
The child’s rights and needs are the ultimate consideration in an adoption case, and Texas laws often require that prospective parents undergo an adoption evaluation to determine whether the conditions in the home will be suitable for the child. There are also criminal law considerations that are involved in adopting a minor child.
As family law experts, the Law Office of Ify Ononogbu understands the intricacies of the adoption process. Schedule a consultation with us today to get the help that you need with your adoption case.