Adoption

Question 1

Adoption of a child

Answer 1

adoption created the parent-child relationship as if the child were born to the parents

Any adult, regardless of their marital status can adopt. But if partitioner is married both spouses must join in the adoption

Question 2

*Standing: When child may be adopted

Answer 2

A child may be adopted if the parent-child relationship as to each living parent has been terminated, or a suit for termination is joined with the suit for adoption

Question 3

*Standing: Stepparent adoption

Answer 3

child may be adopted if parent whose rights have not been terminated is the spouse of petitioner.

Question 4

*Standing: Adoption by Former Stepparent

Answer 4

A child may be adopted by a former stepparent if:

1) the child is at least two years old,
2) the parent-child relationship has been terminated with respect to one parent
3) the former stepparent has been the child’s managing conservator or has had actual care, possession, and control of the child for at least 6 months

Question 5

Adoption Evaluation

Answer 5

a pre-adoptive evaluation by TDFPS into circumstance and condition of the child and of the home of the adopting parent is required

Follow up social study before final decree entered

Question 6

Child must reside with petitioner for 6 months before adoption

Answer 6

Unless waived

Question 7

Effect of Death or Divorce of Adopter(s) During Adoption Proceeding

Answer 7

the proceeding abates on the death of the petitioner or if there are two petitioners, on the death of both

If only one dies, then the proceeding continues

The proceeding abates upon the petitioners’ divorce unless the petition is amended to request adoption by one of the original petitioners

Question 8

Social, Health, Educational, and Genetic History Report

Answer 8

Report is required before an adoption can be granted

The purpose is to make it possible for an adopted child, upon reaching adulthood, to see a report summary that is edited to protect the confidentiality of birth parents and their families

Adoptive parents get a copy of the child’s health history

Other than that, adoption records are sealed

Question 9

Adoption of Adult

Answer 9

allowed in TX when the person adopted consents in writing

The adult can inherent from and through the adopting parent but may not inherent from or though his biological parents, and the biological parents may not inherent from the adopted adult

Question 10

Adoption by Estoppel

Answer 10

is an equitable doctrine used to protect a child’s right to inherent by adoption when an adoption was ineffective because of a failure to strictly comply with the statutory procedures

To establish the adopted child must prove:

1) the existence of an agreement by the parent to adopt the child; and
2) performance by the child, meaning that the child must show love and affection to the parent and render services such as a child would render to a parent

Will not apply if the purportedly adopted person was an adult at the time

Question 11

Abandonment of Adopted Child

Answer 11

It is a felony to transfer the permanent physical custody of an adopted child without receiving court approval

Question 12

*Paternity Suit

Answer 12

May be brought by the child, the child’s mother, a relative of the child’s mother if the mother is dead, the alleged father, or an authorized government entity

Purpose for filing is usually to obtain child support

Question 13

*Genetic Testing

Answer 13

on motion, the court will order genetic testing

A man is rebuttable identified as the father of the child if the results of the genetic testing disclose that the man has at least a 99% probability of paternity

Can only be rebutted through other genetic testing

Question 14

*Paternity by Estoppel

Answer 14

In certain circumstances the court may deny genetic testing and issue an order adjudicating the presumed father to be the father of the child if:

1) the court determines that the conduct of the mother or the presumed father estops that party from denying parentage, and
2) it would be inequitable and against the best interest of the child to disprove the father-child relationship

Question 15

*Acknowledgement of Paternity

Answer 15

Done by the child’s mother and the father.

Is a legal finding of paternity equivalent to a judicial determination

Acknowledgment must be in writing and signed by both the mother and the father and filed with the vital statistics unit

60 days to rescind, if outside 60 day window then can only contest for fraud, duress, or material mistake of fact

Question 16

An acknowledged father

Answer 16

Can terminate his parental rights by showing:

1) that he is not the biological father; and
2) he signed because of a mistaken belief that he was the father based on a misrepresentation

Question 17

General Duty to Report Child Abuse

Answer 17

A person having cause to believe abuse is happening must report it to the state or local government or the department of family services

Question 18

Child abuse and professional Privilege

Answer 18

Professionals must report the info within 48 hours of suspected child abuse regardless of privilege

Duty to make a report cannot be delegated to another person

Includes attorneys, clergy, doctors, social worker

Question 19

• Must a child give consent to being adopted?

Answer 19

if the child is 12 years or older, he must give consent *either in writing or in testimony, but the court can waive this.

Question 20

*What is the standard for adoption?

Answer 20

best interests of the child

Question 21

• Must both parent(s) be present at the adoption hearing?

Answer 21

the adoption parent(s) and the child must be present at the adoption hearing *but not if dad was overseas for military because can’t discriminate against that and there was someone there to represent child’s rights