Independent adoption are permitted in Texas.
Independent adoptions, also known as private adoptions, are child placements that individual families and their attorneys facilitate themselves. These adoptions do not rely on the assistance of third-party child placement agencies. According to Adoptions.com, independent adoptions are legal in most U.S. states, including Texas. Nonetheless, Texas places restrictions on how families may make independent adoption plans. Both the Texas Penal Code and Texas Family Code outline these regulations.
Advertising
Under Texas Penal Code Section 25.09, birth parents may not place advertisements in public media, such as in newspapers, television or the Internet stating they have a child they wish to place for adoption. Likewise, prospective adoptive parents may not place any public advertisements stating they are looking for a child to adopt. Word-of-mouth advertisement is legal and acceptable for both birth families and prospective adoptive parents.
Payments
Texas Penal Code Section 25.08(a)-(b) prohibits birth parents from taking money or property from prospective adoptive parents in exchange for their child. Adoptive families may provide the birth mother with monies related to her pregnancy and the adoption, however. Specifically, Texas law allows birth mothers to accept money for medical expenses related to the pregnancy and childbirth, as well as attorney fees related to the adoption. Prospective adoptive parents may also reimburse the birth mother and father for the cost of pre-adoption counseling services provided by a licensed social worker or mental health professional.
Disclosures
Section 162.025 of the Texas Family Code says only adoptive or natural parents may place a child with a new family through independent adoption. Texas law mandates that the placing family or birth family provide the new adoptive parents with physical descriptions of themselves and their family members. They must also produce a comprehensive health history that discloses their ethnic background and nationality, as well as their educational, religious, professional and criminal backgrounds.
Under Texas Family Code Section 162.0070, the adoptive family is also entitled to receive background information on the child, including her health status, birth records and immunization, social and educational history.
Qualifications for Adoption
To qualify for an independent adoption in Texas, prospective adoptive families must pass a home study that meets the regulations set forth by the Board of Protective and Regulatory Services, pursuant to Section 107.0511 of the Texas Family Code. Under this statute, a social worker must also complete a post-placement visitation and file a report with the court before the judge may finalize the independent adoption.
Tags: adoptive parents, Family Code, prospective adoptive, Texas Family, Texas Family Code, Code Section