Adoption Flashcards
Who May Adopt and Be Adopted - Generally
A child may be adopted if:
1) The parent-child relationship as to each living parent has been terminated;
2) A suit for termination is joined with the suit for adoption; or
3) The parent whose rights have not been terminated is the petitioner’s spouse and the proceeding is for a stepparent adoption
Any adult, whether single or married, can adopt a child as long as the court finds that the adoption is BIC. However, if the petitioner is married, both spouses must jointly petition for adoption.
Who May Adopt and Be Adopted - Former Stepparent
A former stepparent may adopt a child who is at least two years old if the PCR has been terminated as to one parent and the stepparent has been a managing conservator or has had actual care, possession, and control of the child for at least 6 months before the adoption, and the non-terminated, natural parent consents to the adoption. If the natural parent does not not consent, the former stepparent must have been a managing conservator or have had actual, care, possession, and control of the cild for at least one year before the adoption.
Who May Adopt and Be Adopted - Foster Parent
TX authorizes a court to order either or both parents to support a child in the manner specified in the order. “Parent” is defined as the “mother, a man presumed to be the biological father, a man legally determined to be the biological father, a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father.”
Note: Because the definition of “parent” does not include foster parents, the doctrine of adoption by estoppel, while applicable in probate case, is not applicable in family law cases.
Who May Adopt and Be Adopted - Adoption of adult
A court may grant an adoption of an adult as long as the adults consents in writing to be adopted.
Who May Adopt and Be Adopted - Consent required for child 12 or older
A child age 12 or older must consent in writing to be adopted, but this requirement may be waived if BIC.
Who May Adopt and Be Adopted - Race & Ethnicity
A court may not discriminate or delay the adoption based on the prospective adoptive parents’ race or ethnicity.
Other Requirements
Before an adoption can be finalized, the following requirements must be met:
1) A pre- and post-placement social study to give the court a clearer picture into the circumstances and conditions of the child and the child’s prospective home environment must be paid for by adopting parents
2) A report showing the prospective adoptive parents’ chimerical history record
3) A Social, Health, Education, and Genetic History (SHEG) report. This report is not required if the person seeking to adopt the child is a grandparent, aunt or uncle by birth, marriage, or prior adoption, or a stepparent; and
4) Generally, a child must reside with the petitioner for six months before a decree can be entered, unless waived by court
Effects of Adoption
The adopted person becomes the child of the adoptive parents for all purposes–including inheritance as if the adopted person were the adoptive parents’ biological child.
However, an adopted adult may not inherit from or through his biological parents; nor may the biological parents inherit from or through the adopted adult.
Access to Information
The adoptive parents and the child (after the child is an adult) are entitled to copies of records of the child’s history from the Department, licensed child-placing agency, entity, or person placing the child for adoption. The records may be edited to protect the identity of the biological parents.
Procedural Aspects
The venue for adoption proceeding is where the child resides or in the county where the petitioners reside. A jury trial is not an option. If there are 2 petitioners and one dies, then “the proceeding continues uninterrupted. If the petitioners become divorced then the petition abates unless one of the original petitioners amends the petition to request adoption.”
