Some Questions and Answers about Adoption

 Posted on October 30, 2015 in Adoption

Adoption is one of the most delicate legal procedures in the Texas Family Code. Properly executed, this process brings a lifetime of joy to an adopting family. But if done improperly, this complex child custody proceeding can mean an almost unheard of amount of heartache and disappointment, to say nothing of an incredibly high financial cost. Given the amount of precision required, it is a tremendous advantage to partner with a board certified expert in a Texas adoption.

Finding a Birth Mother

Many prospective adoptive families simply make subtle inquires in their circle of friends to find a possible birth mother. Another option is to use the services of an adoption facilitator, who will perform much or all of the legwork involved. Advertising online, in a newspaper, or on a college bulletin board may also be an option, but there are legal and institutional rules to comply with in this area.

Money Matters

Quite understandably, this area is closely regulated to prevent human trafficking. Texas is one of the few states that allows adoptive families to pay for all the mother's medical expenses during pregnancy; the broad law also allows for the payment of a social worker, mental health counselor, and adoption agency. The mother's living expenses are about the only payments that are illegal.

In many cases, with the notable exception of step-parent adoptions, there is a substantial tax credit; for adoptions finalized in 2015, the amount is $13,400. This credit includes attorneys fees, travel expenses, and other such expenditures. As always, consult a tax professional before claiming the credit.

Legal Procedure

This area is actually a two-step process: termination of the natural parents' legal rights and the legal adoption.

Termination procedures vary by state. In Texas, a judge may terminate parental rights pursuant to a voluntary request, if the parent files an affidavit to that effect and the termination is in the best interests of the child.

Adoption proceedings may begin immediately thereafter, but they cannot be finalized until the adopting family has had custody of the child for at least six months. During that time, the new family must obtain a genetic history of the child, a comprehensive social study, and a criminal history report.

For more information about legally adopting a child in Central Texas, contact an experienced Georgetown family law attorney. Mr. Powers is a Family Law expert.

Sources:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm#261.001

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.162.htm

https://www.nacac.org/taxcredit/taxcredit2015.html