Three Adoption Requirements You May Not Know About

 Posted on February 20, 2025 in Adoption

Adopting a child is a serious undertaking. Whether you are adopting from an agency or from a relative, the state of Texas asks a lot from prospective parents. If you are not adequately prepared, you could be caught flat-footed by the state’s stringent requirements during a very sensitive time. A Texas family law attorney can advise you on what to expect to help your adoption go smoothly.

At Powers Kerr & Rashidi, PLLC, our attorneys are board-certified in family law and experienced at handling complex cases. We will do everything we can to facilitate the adoption process, providing you with representation and counsel the whole way through.

If you are considering adoption, you should familiarize yourself with the state’s adoption requirements. Our lawyers can make sure you have what you need and advocate for your rights when necessary.

Termination of Parental Rights

In order to adopt a child in Texas, the birth parents must terminate their parental rights, which means a judge must sign a court order to make a termination of parental rights official. In some cases, parents may voluntarily choose to give up their rights, as with private adoptions. But in other cases, the parents’ rights could be terminated due to neglect or abuse.

If you are adopting a child through an agency, you may have to worry about a conflict of parental rights, especially in adoptions of young family members who have lived in difficult situations. At Powers Kerr & Rashidi, PLLC, our family law attorneys can make sure your adoption is legally sound.

Consent Agreements

Before you can adopt a child, you may have to secure the consent of multiple parties. In Texas, any child over the age of 12 must give their consent to an adoption. However, a judge can waive this requirement if the adoption would be in the child’s best interests. If this is necessary our family law attorneys can represent you in a court of family law to make a case on your behalf.

Additionally, if you are married, your spouse must give consent to the adoption of a child, without exception. Before you proceed with an adoption, you should make sure your partner is fully willing to take on the shared responsibility of raising a child.

Home Study

As part of the adoption process, you will have to participate in a home study. This is true whether you decide to adopt privately or through an agency. Before an adoption can be approved by the court, a social worker will visit your home and interview every member of the house. 

As you might expect, many of the questions will relate to your ability to provide for the child. For instance, the social worker may ask about your employment history, your physical and mental health, and why you think you are prepared to raise the child you hope to adopt. Aside from the interviews, you may also have to produce your social security information, reference letters, proof of insurance, and more.

At Powers Kerr & Rashidi, PLLC, we can help you prepare for a home study, helping you compile all of the necessary documents and advising you ahead of the interview.

Meet With a Travis County, TX Adoption Lawyer

Adoption can be a wonderful step for your family. At Powers Kerr & Rashidi, PLLC, our Austin, TX family law attorneys can guide you through the process, making sure you are adequately prepared for the legal proceedings. To schedule an initial consultation, call our offices today at 512-610-6199.