Adoptions
Who may adopt -
Any adult may petition to adopt a child who may be adopted. If the party seeking to adopt the child is married the other spouse must join in the petition. A stepparent of the child may file a petition to adopt if the petition is joined by the petitioner’s spouse. An adult who, as a result of a placement for adoption, has had actual possession and control of the child at any time during the thirty day period immediately preceding the filing of the petition; by an adult who has had actual possession and control of the child for at least two months during the three month period immediately preceding the filing of the petition; or by an adult whom the court determines has had substantial past contact with the child to warrant standing to do so.
Who may be adopted –
A child residing in Texas at the time the petition is filed if the parent child relationship between the child and each living parent has been terminated or a suit for termination o0f the parent child relationship is filed in conjunction with the adoption proceeding.
A child who is at least two years of age and the parent-child relationship has been terminated with respect to one parent and the person seeking adoption has been a managing conservator or has had actual care, possession and control of the child for a period of six months preceding the adoption or is the child’s former stepparent and the non-terminated parent consents to the adoption.
A child who is at least two years of age and the parent-child relationship has been terminated with respect to one parent and the person seeking adoption has been a managing conservator or has had actual care, possession and control of the child for a period of one year preceding the adoption.
The parent whose rights have not been terminated is the spouse of the petitioner in a stepparent adoption.
If the child to be adopted is twelve years of age or older, the child’s consent to the adoption must be given.
Each petitioner must obtain that person’s own criminal history record information. A pre-adoptive home screening and post-placement report must be conducted. Before placing a child for adoption with any person other than the child’s stepparent, grandparent, or aunt or uncle by birth, marriage or prior adoption, the Texas Department of Family and Protective Services, a licensed child –placing agency, or the child’s parent or guardian must compile a report on the available health, social, educational, and genetic history of the child.
The court must be satisfied that adoption would be in the best interest of the child. An order of adoption creates the parent-child relationship between the adopted child and the adoptive parents, for all purposes.