adoption laws


Adoption laws in Texas

 When it comes to laws that govern Texas adoption, trying to find a quick and simple answer can be frustrating.  Trying to decipher what a specific adoption law statute means can be overwhelming.  Our goal is to help you find answers to the most common Texas adoption laws.

Every state has very different statutes that regulate how an adoption can be administered.  If you are considering an in-state adoption – where both the adoptive family and birth mother live in Texas – adoption laws become clearer and more definitive. However, if your adoption is a dual-state adoption – wherein the adoptive family and birth mother live in different states – which statesdownload laws take precedence can become very complicated.  Obviously, in either situation, we advise that an experienced adoption attorney knowledgeable in Texas adoption law should render an opinion before any action be considered.

As a general reference tool, the following information is provided as an abridged summary interpretation of key Texas adoption laws. Most of these adoption codes have additional circumstances that will need to be verified and considered for each specific adoption. In addition, in state-to-state adoptions, some of these codes may not be applicable depending on the combination of states involved. Below we have compiled a list of the most often asked adoption related questions . These are folowed by the actual in depth statutes, which we attempt to keep updated, but they change often,

UNDER NO CIRCUMSTANCES SHOULD THIS INFORMATION BE RELIED UPON AS COMPLETE LEGAL ADVICE AND APPLICABLE TO YOUR SPECIFIC ADOPTION. IT IS INTENDED ONLY TO BE A REFERENCE AND NOT DEFINITIVE.

Summary Answer**
State Statute
State Code Primary State adoption statute page
When can a Birth Mother sign consent? 48 hours after birth §161.103, 161.106
When can a Birth Father sign consent? 48 hours after birth §161.103, 161.106
Who is required to witness consent? Before the court §161.103, 161.106
When can consent be revoked? Anytime before court granting §161.1035, 162.011, 161.103, 161.106
Is a court hearing required for termination? Yes §161.2061, 161.2062
Is there a Putative Father registry? Yes §160.401, 160.402
How long until finalization? 6 months §162.009
Can a non-resident finalize? Yes §161.2061, 161.2062
Are Birth Mother expenses allowed to be paid? Yes §162.001(a)
Is there an allowable maximum for Birth Mother expenses? No §25.08(b)
Can court increase maximum Birth Mother expenses? No §25.08(b)
Are post partum expenses allowed? Yes, 6 weeks §25.08(b)
Are Birth Mother expenses required to be paid by an agency? No §25.08, 107.0519
Are Birth Mother medical expenses allowed to be paid? Yes §25.08(b)
Is there an allowable maximum for medical expenses? No §25.08(b)
Does the state allow same sex adoption? Yes §162.001(a)
Does the state allow single parent adoption? Yes §162.001(a), 162.001(b)