Adoption is a wonderful thing and an amazing way to provide a fulfilling life for a child in need. If you’re considering adoption in San Antonio, TX the best way to have a smooth experience is to work with a qualified adoption lawyer who understands all the legal requirements here in the state. Keep reading to learn a bit more about the process and why it’s so important to have a lawyer’s help.

Legal Requirements for a San Antonio, TX Adoption

The Basics

If you wish to adopt a child in our state, the Department of Family and Protective Services sets out some basic requirements. First of all, you must be a legal adult of 21 years of age or older. Single people, married people, and LGBTQ+ couples are all permitted to adopt legally under Texas law, but everyone must meet the basic requirements of having:

• Financial stability
• The ability to pass a background check (including a criminal background check), Good personal references
• Completed all adoption applications and forms
• Passed a Texas home study

It’s worth knowing that the criminal background check will need to be done for any individual who is living in the same house as the child will be living, even if that person is not actually adopting the child themselves. Non-violent felonies are not necessarily an immediate dealbreaker: a person with a non-violent felony on their record may still be cleared for adoption, depending on what their violation was.

You will also be required to attend some training about how to help children from neglected or abusive backgrounds, and this training is free and provided by the state of Texas. This training is done for both foster parents and those interested in adoption, and at the training you’ll work together with government representatives to determine whether a foster situation or an adoption situation is the best situation for you.

Home Requirements

In order to proceed with an adoption, you’ll need to have a home environment that meets the state’s requirements. This means that there must be no more than six children in the home, including both your own children and any children that you provide daycare services for, and you must have what the state considers to be adequate sleeping space. In general, this means that you have a bed for the child that they do not have to share with anyone else, in a room that they would only share with someone appropriate, such as another child of the same gender.

You must also agree to a non-physical discipline policy. Any pets you have must be fully vaccinated, and you must have a fire, health, and safety inspection of your home. You yourself as the adoptive parent must get CPR/First Aid certification and get TB testing for yourself and anyone else in the household.

Other Questions to Ask Your Adoption Lawyer

How Do I Prepare for the Home Study?

The home study is arguably the most important step that you will take in this process. This is the point at which the state will evaluate whether you can provide a good home for an adopted child and whether you are ready to do so, and there are very specific requirements. In addition to the background checks and medical and financial issues mentioned above, your social worker will take a close look at your home to make sure it’s safe. They will also ask questions of every resident about how each one feels about the adoption. The state is reluctant to put a child into an adopted home, no matter how much a prospective adoptive parent may want it, if the other residents of the home are not on board.

If there’s a change to your living situation or to your job once you’ve adopted, you’ll need to have an updated home study, and one is required every year until your adopted child becomes an adult. There will also be several visits after you first bring the child home, as many as six in a relatively short period, to check on how the child is adjusting and how everyone in the family is getting along. Your attorney can help you to prepare for the types of questions you’ll be asked and understand how to put your best foot forward in each situation.

What If I Live Somewhere Else?

If you want to adopt a child from our state but live in a different state, you need a local San Antonio adoption attorney with experience in Texas family law to allow things to go smoothly in the Texas family courts.

Adoptions from out of state are governed by the Interstate Compact on the Placement of Children (ICPC). Among the requirements are that you may have a home study done according to your own state laws, but, depending on what those are, you may still be required to provide extra documentation to comply with Texas adoption law. Once the adoption is official, the child needs to remain in the state of Texas for 48 hours until you get final ICPC approval.

When Is the Adoption Finalized?

Above, we mentioned that you will have to have up to six home visits from a social worker after the adoption. Your adoption cannot be finalized until all these visits have been finished and filed with the court. Once they have, you’ll need to go to court to get the final decree and make the adoption legal. If everything in the home visits has gone well, then you can expect this final court appearance to be simple and even very celebratory in most cases.

Is Any Financial Help Available?

If you are adopting a child with special needs, there is a tax credit available from the IRS. There may also be tax credits available for those adopting children without special needs, but you need to ask your attorney about this and be sure to document all qualified adoption expenses carefully. To be eligible, you must have adopted a child other than a stepchild, and the amount of credit you can claim will depend on your income.

Additionally, Texas has an adoption assistance program that you may qualify for, which works in tandem with the federal government to provide help for those adopting a special needs child. The law does require that the DFPS first attempt to find a home for a special-needs child where adopt adoption assistance is not needed, unless that is not in the child’s best interest. If you already have a strong emotional bond with a child, however, this would be taken into consideration even if you need to get assistance.

If you qualify for this program, medical assistance for the child may be available, as well as reimbursement for certain one-time expenses related to the adoption, like court costs or attorney fees. You may also be eligible for monthly payments based on the child’s needs as well as yours. The funds for these assistance programs come from the Federal Title IV-E of the Social Security Act as well as Texas.

To learn more about adoption, what it takes, and how we can help the whole thing go more smoothly for you, contact the Rojas Law Firm, PLLC today to speak to one of the state’s top family law attorneys.