Adoption Attorney in San Antonio, TX
Despite the nature of this selfless act, at Cook Law Firm, we recognize that adopting a child is a complex and emotionally charged process. You’re often forced into contention with unfit biological parents, family members, and even government entities such as the Texas Department of Family and Protective Services (DFPS) and USCIS. Do not take on this legal process alone.
Whether you have questions about your adoption options in Texas or want to petition for or challenge an adoption, give a child hope by contacting our family law attorneys today.
Types of Adoption Recognized in Texas
Adopting a child in Texas requires the legal termination of both biological parents’ conservatorship and parental rights. This automatically occurs if the parent dies, the parents voluntarily terminate their parental rights, or the court orders termination based on factors such as abuse or neglect. The legal complexities inherent in your adoption often depend on the nature of the biological parents’ rights. Texas recognizes the following forms of adoption:
Stepparent Adoption
In an easier form of adoption, the spouse of a parent with sole managing conservatorship rights due to the death or termination of the other parent’s rights may legally adopt a stepchild.
Foster Care Adoption
Often a more complicated form of adoption, this process involves adopting children currently in the San Antonio foster care system. These may involve straight adoptions, where a court has already terminated parental rights, or more complicated adoptions, when unfit parents and eligible family members, such as grandparents, fight foster parents during involuntary termination proceedings. In such cases, you need an experienced adoption lawyer, even if DFPS is on your side.
Private Placement Adoption
When both biological parents agree that adoption is the best option, they may reach out to an adoption lawyer or private agency to find adoptive parents. These private placement cases involve the voluntary termination of parental rights in favor of the selected parents, bypassing specific next-of-kin considerations inherent in foster care adoptions. Importantly, Texas does not generally enforce open adoption contracts.
Relative/Kinship Adoption
A more common form of adoption occurs when a child is adopted by a relative or family friend. Biological parents may agree to terminate parental rights in such cases or fight the process. Additionally, other family members may also battle for adoption, access, or possession rights.
International and Surrogacy (Post-Birth) Adoption
More complicated federal immigration and contract laws apply to overseas, out-of-state, and adoptions following certain surrogacies. Our experienced San Antonio complex adoption attorneys can assist you in obtaining all necessary paperwork and protections throughout this process.
Determining Adoption Eligibility in Texas
After parental rights are terminated, the court must still determine whether the proposed adoption is in the child’s best interest. Judges consider numerous factors during this process, including:
- Adoption evaluation
- Home study
- Consent (children over 12)
- Family and cultural connections
- Prospective parent fitness
- Relationships with other household members
- Special needs
- Financial ability
Family members, state entities, foster parents, and biological parents can all challenge the adoption at this stage. Discuss the factors that are in the best interest of the child applicable to your proposed adoption with our dedicated family legal team.
Compassionate Adoption Lawyers in San Antonio, Texas
Although all adoptions require legal proceedings, not every form of adoption will result in lengthy family litigation. Discuss the best path for facilitating your adoption with our compassionate San Antonio adoption, foster care, and surrogacy attorneys today by calling (210) 740-0281 or connecting with our Texas adoption lawyers online.