Navigating the Texas Adoption Process

Texas adoption, like adoption in all states, is a legal process. While a lawyer can explain the process and guide you through the steps, a basic understanding can be a big help. Attorney Lindsey J. Wilson and her brother were adopted, which is one reason she enjoys helping parents adopt children so much.

FAQs About Texas Adoption

The following are some common questions people often have about adopting a child:

Who can adopt in Texas?

Any adult may adopt a child. There is no age minimum or limit based on Texas law. In addition, marriage is not a requirement. Although, if you’re married, you cannot adopt by yourself. Your spouse would have to agree. This is also true for someone who is living separate but not yet divorced. LGBTQ couples can also adopt. The adoptive process involves obtaining approval through a home study.

What is the adoption home study?

The agency would conduct a home study evaluation that includes: Texas criminal background checks, interviews and home visits among other things. In addition, there are different types of adoption that have different requirements, including: domestic, international, and foster care adoptions.

What children can you adopt?

In order to adopt a child in Texas, the court must first terminate parental rights. Termination of parental rights can be voluntary. For example, an expectant mother can make a plan with an agency for her baby’s adoption. Based on Texas law, the mother must wait 48 hours after childbirth to give consent. Two witnesses must sign the consent before an authorized notary. However, fathers may consent at any point before birth.

Can you pay for a mother’s expenses in exchange for adopting the child?

Payment in exchanges for babies is illegal in the U.S. However, there are certain expenses that you can help a mother with during pregnancy. Adoptive families can pay for:

  • Prenatal care, pregnancy and birth expenses for the mother and child
  • Reasonable living expenses for the birth mother to help support her during pregnancy (food, rent, etc.)
  • Birth parent’s attorney fees

(Reference: American Adoptions)

These are just a few of many questions people have about adoption. You can arrange a consultation, and our attorney would be glad to answer any other questions you have.

The Law Office of Lindsey J. Wilson assists clients with adoption in Texas. We also provide legal representation for clients in cases involving family law, custody and support, divorce, property division and modifications and enforcement.