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Texas Adoption Law
Use
of Advertisement
Citation:
Penal Code § 25.09
A
person commits an offense if the person advertises in the public media
that the person will place a child for adoption or will provide or
obtain a child for adoption. This section does not apply to a licensed
child-placing agency that is identified in the advertisement as a
licensed child-placing agency.
''Public
media'' includes newspapers or other periodicals, billboards or other
signs, radio or television broadcasts, or communications through the
use of the Internet or another public computer network.
Use
of Intermediaries/Facilitators
Citation:
Penal Code § 25.08(a)-(b)
A person
commits an offense if he or she:
Has
cus
Utody of a child younger than 18 years of age and offers to accept,
agrees to accept, or accepts a thing of value for the delivery of the
child to another for the purposes of adoption
Offers
to give, agrees to give, or gives a thing of value to another for
acquiring a child for the purpose of adoption
It
is an exception to the application of this section that the thing of
value is:
A
fee or reimbursement paid to a child-placing agency as authorized by law
A
fee paid
to an attorney, social worker, mental health professional, or physician
for services rendered in the usual course of legal or medical practice
or in providing adoption counseling
A
reimbursement of legal or medical expenses incurred by a person for the
benefit of the child
A
necessary pregnancy-related expense paid by a child-placing agency for
the benefit of the child's parent during the pregnancy or after the
birth of the child as permitted by the minimum standards for
child-placing agencies
Children
Eligible for Subsidy
Citation:
§ 162.304
The
department shall enter into adoption assistance agreements with the
adoptive parents of a child as authorized by Part E of Title IV of the
Federal Social Security Act, as amended (42 U.S.C. §
673).
Limitation
on Subsidy
Citation:
§ 162.304
The amount
of the subsidy shall be determined by the department.
Termination
or Modification of Subsidy
Citation:
§ 162.3041
Assistance
may be offered until the child's 21st birthday if:
The
child has a physical or mental disability that warrants continued
assistance
Application
has been made for Federal benefits stipulated under 42 U.S.C.
§1381 et. seq.
The
adoptive parents are providing the child's financial support
Assistance
may be offered after a child's 18th birthday or until:
The
child stops attending high school or vocational school
The
child obtains a high school diploma or its equivalency
The
child's adoptive parents stop providing financial support to the child
The
child turns age 19
Certification
for Subsidy
Citation:
§§ 162.304; 162.3041
Need for
the subsidy shall be determined by the department.
The
department may conduct an assessment of the child's mental or physical
disability to determine continuation of benefits.
Agency
or Person Gathering Information or Preparing Report
Citation:
Fam. Code § 162.005
Department
of Protective and Regulatory Services
Child
placement agency
Other
entity that prepares report
Contents
of Report About Person to be Adopted
Citation:
Fam. Code § 162.007
Health
status at time of placement
Birth,
neonatal, and other medical, psychological, and dental history
Results
of any examinations
Immunization
record
Social
history, including any relationships with birth family
Educational
history
Genetic
history
Contents
of Report About Birth Parents
Citation:
Fam. Code § 162.007
Descriptions
of birth parents and other family members
Health
and medical history, including any genetic diseases or disorders
Health
status at time of placement
If
deceased, cause of and age at death
Physical
description
Nationality
and ethnic background
Levels
of education and professional achievement
Religious
background, if any
Psychological
and social evaluations
Any
criminal record
Contents
of Report About Adoptive Parents
Citation:
Fam. Code § 107.0511
Social
study that meets the requirements set by the Board of Protective and
Regulatory Services
Who
Must Consent to an Adoption
Citation:
Fam. Code § 162.010
The
managing conservator must consent.
If
a parent of the child is presently the spouse of the petitioner, he or
she must join in the petition for adoption.
Age
When Consent of Adoptee is Considered or Required
Citation:
Fam. Code § 162.010
A child 12
years of age or older must consent, unless the court finds it in the
child's best interest to waive consent.
When
Parental Consent is not Needed
Citation:
Fam. Code §§ 161.003; 161.005; 161.006; 161.007
The
parent is unable to care for the child due to mental illness.
The
parent has voluntarily terminated parental rights.
The
parent has no right of consent after an abortion where the child
survives.
A
person is convicted of a crime resulting in the birth of a child.
The
parent's rights have been terminated on the grounds of abandonment,
nonsupport, endangerment, abuse, or neglect.
When
Consent Can Be Executed
Citation:
Fam. Code §§ 161.103; 161.106
The
birth mother may consent no sooner than 48 hours after the child's
birth.
A
man may sign an affidavit disclaiming any interest at any time before
or after the birth of the child.
How
Consent Must Be Executed
Citation:
Fam. Code § 161.103
A
consent must be signed by the parent, whether or not a minor, witnessed
by two credible witnesses, and verified by a person authorized to take
oaths.
Revocation
of Consent
Citation:
Fam Code §§ 161.1035; 162.011
An
affidavit of relinquishment that fails to state that it is irrevocable
can be revoked before the 11th day after signing.
On
the 11th day, consent becomes irrevocable.
Any
time before an order granting an adoption is filed, consent may be
revoked by filing a signed revocation.
Court
Jurisdiction
Citation:
Fam. Code. § 101.008
The
district court
A
juvenile court having the same jurisdiction as a district court
Other
court having jurisdiction of a suit affecting the parent-child
relationship
Venue
Citation:
Fam. Code. § 103.001(b)
In
the county where the child or petitioner resides
Infant's
Age
Citation:
Fam. Code § 262.302
60 days old
or younger
Who
May Relinquish the Infant
Citation:
Fam. Code § 262.302
Parent
Who
May Receive the Infant
Citation:
Fam. Code § 262.301
'Designated
emergency infant care provider,' which includes:
Emergency
medical services provider
Hospital
Child-placing
agency
Responsibilities
of the Safe Haven Provider
Citation:
Fam. Code §§ 262.302; 262.303
Perform
any act necessary to protect the child's health and safety
Notify
the department no later than the close of the first business day
Offer
to the parent a form for voluntary disclosure of medical information
Immunity
for the Provider
Citation:
Fam. Code § 262.302
Yes
Protection
for Relinquishing Parent
Citation:
Penal Code § 22.041(h); Fam. Code § 262.303
The
parent may remain anonymous.
Relinquishment
to a safe haven is an affirmative defense to prosecution for abandoning
or endangering a child.
Effect
on Parental Rights
Citation:
Fam. Code § 262.303
The
Department of Protective and Regulatory Services assumes custody of the
child.
Effect
and Recognition of a Foreign Adoption Decree
Citation:
Family Code § 162.023(a)
A
decree
that was issued in a foreign country in accord with the laws of that
country and rendered to a State resident will be given full effect and
recognition as if a State court had issued the decree, unless it would
violate human rights or the law or public policy of this State to do
so.
Readoption
After an Intercountry Adoption
Citation:
Family Code § 162.023(b)
Adoptive
parents may petition the court for registration of a foreign adoption
decree that was issued abroad and may combine the petition for
registration with a petition for a name change.
Application
for a U.S. Birth Certificate
Citation:
Family Code § 162.023(b)(2)
The
court
will order the State Registrar to file a birth certificate for a
foreign-born adopted child whose foreign adoption decree was registered
this State.
Who
May Adopt
Citation:
Fam. Code § 162.001
Any adult
may adopt.
Who
May Be Adopted
Citation:
Fam. Code § 162.001
A child
residing in the State may be adopted if any of the following hold:
The
rights of the parents have been terminated.
The
petitioner is a stepparent.
The
child is at least 2 years old, and the petitioner is a former
stepparent who:
Has
cared for the child at least 6 months, and the non-terminated parent
consents
Has
had care, possession, and control of the child for at least 1 year
Who
May Place a Child for Adoption
Citation:
Fam. Code § 162.025
Only the
following may place the child:
The
child's natural or adoptive parent
The
child's legal guardian
A
licensed child-placing agency
Registry/Paternity
Requirements to Receive Notice
Citation:
Fam. Code §§160.402(a); 160.312
Does
Texas have a Putative Father Registry? Yes
The
putative father may file before the child's birth, but no later than
the 31st day after the child's birth.
Registration
requires a completed Bureau of Vital Statistics form, signed and
acknowledged by the putative father.
Information
Contained in Registry/Claim
Citation:
Not addressed in statutes reviewed
Revocation
of Claim to Paternity
Citation:
Fam. Code § 160.414
The
putative father may at anytime revoke a notice of intent to claim
paternity by submitting a written statement which has been signed and
notarized.
Access
to Information Maintained in Registry
Citation:
Fam. Code § 160.412
The
birth mother
A
court
An
authorized agency
A
licensed child-placing agency
A
child support enforcement agency
An
attorney involved in the case
The
Registry of another State
Birth
Parent Expenses Allowed
Citation:
Pen. § 25.08(b)
Legal
and medical expenses in connection with the birth and pregnancy
Adoptive
counseling services
Necessary
pregnancy-related expenses paid by a child-placing agency, as permitted
by department rules
Birth
Parent Expenses Not Allowed
Citation:
Pen. § 25.08(b)
Any
payments not expressly permitted
Allowable
Payments for Arranging Adoption
Citation:
Fam. § 162.025(a)
A
person
who is not the parent, legal guardian, or a licensed child-placing
agency may not receive payment for placing a child or serving as an
intermediary between an adoptive and expectant parent.
Allowable
Payments for Relinquishing Child
Citation:
Pen. § 25.08(a)(2)
It
is
unlawful to offer or accept a thing of value for the delivery of a
child to another or possession of the child by another for the purposes
of adoption.
Allowable
Fees Charged by Department/Agency
Citation:
Pen. § 25.08
A
licensed child-placing agency may charge a fee for services
provided.
Accounting
of Expenses Required by Court
Citation:
The statutes do not specifically require that an accounting be given to
the court.
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