Round Rock Adoption Lawyer, Austin Adoption Attorney

ADOPTION OVERVIEW

Adoptions are some of the rare happy moments in family law. To insure that the child is placed in a safe and loving environment, judges often appoint a person called an “ad litem” to represent the child’s interest, and will always use an experienced child therapist or licensed clinical social worker to perform a home-study of the prospective adoptive parents' home. An experienced family attorney will welcome the opportunity help you make a priceless addition to your family.

AREAS OF PRACTICE

ADOPTION

The adoption process greatly depends on the initial circumstances and status of the child, biological parents, and prospective adoptive parents at the time the petition for adoption is filed. Some children are adopted through state agencies, while others are already in the care of the prospective adoptive parent or parents, such as when a step-parent or the child’s legal guardians seek to adopt. To even qualify to seek an adoption, the prospective parent(s) must have legal “standing” to file suit. A person has standing to file a suit for adoption when he or she meets the pre-requisites contained in the Texas Family Code, usually based on an existing and ongoing relationship with the child.

For a non-parent to adopt a child, the parent-child relationship between the child and one or both of the child’s biological parents must have been terminated through death or a court order. Consequently, many suits to adopt are combined with a suit to terminate the parental rights of one or both of the child’s biological parents. For obvious reasons, terminating a parent’s rights to his or her child is a very severe judicial remedy. Consequently, unless a parent voluntarily relinquishes his or her rights, the party seeking termination must prove the existence of one or more of the grounds for termination set forth in the Texas Family Code, and demonstrate that termination is in the child’s best interest. Grounds for termination include, among many others, abandonment, conviction of certain violent or sexual crimes, and the knowing placement of a child in dangerous conditions (all being based on the acts or failure to act of the biological parent whose rights may be terminated).

Once the actual adoption process begins, the court will evaluate the appropriateness of the prospective parent, which includes an inquiry into his or her finances, criminal history, work history, and home environment. The court will appoint a qualified third party to conduct a home-study of the prospective parent’s home, and will sometimes appoint an attorney or guardian to represent the child’s interests. The process culminates at a final hearing where the judge considers all of the evidence and decides whether or not to grant the adoption.

Because so much is at stake in the termination/adoption process, the Texas Family Code contains very detailed legal procedures from start to finish. If you’re considering adoption, the final goal is one of immeasurable joy, but you’ll need a knowledgeable attorney to get you there.