As a Birth Parent in Texas, What Rights Do I Have If I Put My Child Up for Adoption?

Whether you’re a birth mother, father, or adoptive parent, the adoption process is always complex and emotional for all parties. Although birth parents’ rights vary per state law, typically, their rights are terminated once an adoption is finalized; in Texas, this is commonly the case.

In Texas, it’s an infrequent legal occurrence for the court to reverse a legal adoption and return parental rights to the birth parents. Generally, this only happens under unique circumstances or where evidence is found that the adoption resulted from fraud or coercion.

For an adoption to be finalized in Texas, the court must terminate the parental rights of one or both birth parents. This termination right is legally binding and requires the birth parents to relinquish their parental rights voluntarily. If the birth parents don’t relinquish their rights voluntarily, the Texas court must have solid evidence that provides grounds to terminate their parental rights involuntarily.

Understandably, in most cases, this is a highly emotional and stressful decision for all parties. Additionally, the laws governing voluntary and involuntary relinquishment of parental rights can be vague and challenging. Therefore, if you’re going through this process, the professional advice, guidance, and compassion of an experienced adoption lawyer is mandatory.

In Texas, How Does the Process of Voluntarily Relinquishing Parental Rights Work?

Under Texas’s adoption laws, a child’s biological parents legally can (and must) permanently surrender their parental rights if they wish their child to be adopted by another family.
They usually do this by formally signing an affidavit of voluntary relinquishing of parental rights. However, in Texas, all birth mothers must be allowed at least 48 hours after giving birth before they can be asked to sign a voluntary relinquishment of their parental rights. In some cases, the birth mother may also be asked to attend a court hearing to confirm the voluntary relinquishment of her child.

The Texas court usually also needs to approve an affidavit of voluntary relinquishment to finalize the termination of the birth parents’ legal rights. If you are a birth parent in Texas, you must be aware that termination of your parental rights is typically irreversible; there are very few exceptions to this rule. In almost all cases, if you wish to overturn your relinquishment of parental rights, your experienced, diligent, and thorough adoption lawyer must prove that you gave up your rights due to some fraud or coercion.

As a Biological Parent in Texas, What Are My Parental Rights Before and After Adoption?

First, as a biological father, you are free to surrender your parental rights at any point before your child is born. As stated, as the biological mother, you are required to maintain your parental rights for a minimum of 48 hours after giving birth. During these first 48 hours, the birth mothers maintain full parental rights. But, after the 48 hours have passed, the birth mother can relinquish their rights legally by signing a written voluntary release of parental rights. The birth mother’s signature on this form also serves as a power of attorney for the adoptive parents to now fully exercise and uphold their rights as the child’s parent until the court finalizes the entire process. As soon as the biological parent’s rights are terminated, the child’s new adoptive family can follow up and seek full conservatorship rights from the court, assuming all necessary home studies and documentation have been filed with the court. So, simply put, what the birth parents must realize is that once their parental rights are terminated, they cannot get their child back.

Under Texas law, one of the only valid exceptions to this rule is if the birth parent’s parental rights were terminated through the use of fraud, duress, or coercion; in other words, their parental rights must have been terminated freely. That said, Texas law concerning adoptions does recognize what’s known as “involuntary” termination. This is when the court terminates the birth parents’ parental rights due to sound and compelling reasons to do so, such as:

  • Their child was in imminent danger.
  • They abandoned their child, and neither parent expressed an interest in being involved with the child.
  • A parent abused or neglected their child.
  • A parent is imprisoned for two years or more.
  • Or the court finds the parent otherwise unfit.

There are cases in Texas where the child’s biological mother may continue to have ongoing contact with their child, a so-called “open adoption.” In these, usually rare cases, the child’s adoptive family and the birth mother discuss her level of involvement, the frequency of contact, etc.

However, in Texas, as the birth parent, there is no means to receive written assurance that an open adoption will occur, as this type of arrangement is not allowed by Texas law.
Whether or not a birth parent has contact with their child after an adoption is finalized is entirely decided by the adoptive parents; the birth parent, once they relinquish their parental rights, can no longer assert any legal right to see their child.

Additionally, the child’s biological mother may request a closed adoption. This stipulates that she will have no contact with her child after her parental rights are terminated and the adoption is finalized. As you may see, some rules and laws involving adoption in Texas are irrevocable. However, some “wiggle room” exists for some types of agreements. Suppose you wish to discuss an open adoption or any other variation from the normal Texas Statutes, you must seek the professional, experienced, and sound counsel of a Hurst or Tarrant adoption lawyer.

In Texas, How Long Is It Before an Adoption Can Be Finalized?

Your empathetic and skilled adoption lawyer will fully explain the relinquishment process and all the rules and paperwork involved before you, as the birth mother, sign. Before signing her relinquishment forms, the birth mother must not have any mind-altering medications for at least four hours. The signing of the relinquishment form must be witnessed by two unrelated parties and properly notarized. Additionally, during this period, families need post-placement supervision, which consists of five visits by a social worker to check on the newborn’s development and counsel all parties on any adoption challenges they might have experienced.

Under Texas law, complete adoption finalization can occur after six months. After this time, and if all goes well with the adoptive parents, the family will receive a final adoption decree. New birth certificates will be issued with the child’s new name and the adoptive family listed as the child’s sole parents. The entire adoption process is legally complex and emotionally laden. In most cases, there are always hurdles to overcome for all parties involved. Therefore, the process should never be attempted without a well-versed adoption lawyer’s compassionate, experienced, and knowledgeable guidance.

I Am Considering Adopting or Giving My Child Up for Adoption. How Should I Proceed?

First, in Texas, adoption is always considered to be a lifelong commitment for both biological and adoptive parents. Once you, as the biological parent, give your consent and sign the appropriate paperwork, there’s usually no going back. This is why you must ensure that you, as the biological (or adoptive) parent, fully understand your rights under the strict Texas adoption laws.

The compassionate, skilled, and highly experienced adoption lawyers at the Cutrer Law Group have decades of experience in the adoption process. They will thoroughly explain your rights and address all your concerns throughout this stressful and emotional time. Call them today at 817-422-5455, and they will stand by your side to ensure everyone is satisfied with the outcome.