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How Do You Start the Legal Process of Adoption?

How Do You Start the Legal Process of Adoption?

If you’re ready to grow your family and have decided that adoption is a way to do it, an adoption attorney in San Antonio, TX can help. There are a lot of steps involved, but all of them get simpler when you know what to expect.

How Do You Start the Legal Process of Adoption?

The Basics

While there are several pathways to adoption, depending on your circumstances and the child, there are some basics that will apply to any adoption here in Texas. The key basic is that you must be qualified to adopt, and that means you have to meet certain criteria. Essentially, you have to meet age and residency requirements and show that you’re able to provide a stable home environment. You’ll need to do a home study and be willing to undergo some background checks as part of showing your eligibility.

Contacting an Adoption Attorney in San Antonio, TX

Choosing the right professionals to guide you through this difficult process is going to make an enormous difference, not only in the amount of stress you undergo, but also in how quickly and smoothly the process progresses. You always want to work with an attorney who focuses their practice on family law and has plenty of experience in handling Texas adoptions. 

An attorney will make sure you don’t get tripped up by any of the legal requirements and ensure that all the petitions are filled out properly and filed correctly with the court. They will also represent you and your interests during the hearings and finalization phases.

Choosing an Adoption Type

There are four types of adoption available to you in Texas, unless you are adopting as a stepparent or another close relative situation, and you may already know what you want to do. If you don’t, consider these options with your lawyer:

1. Domestic Private Infant Adoption

In this type of adoption, you are adopting a newborn who has been put up for adoption by the mother. You are able to choose the sex and ethnicity of the baby, but you’ll also have to be selected by the potential birth mother. She will likely want to meet with you at least once, and sometimes several times, as she decides if you were the right person to give her baby to.

2. Foster to Adopt

Fostering to adopt is one of the more difficult types of adoption, but can also be one of the most rewarding. If you become a foster parent, you will likely have a number of children in your home who you will not be able to adopt, and that could be emotionally difficult. However, it is possible that some of the children you foster may become available to adopt, and this can be a wonderful thing, since you already have a relationship with a child. Fostering, whether you’re able to adopt in the end or not, is not only personally rewarding but a valuable service to our whole society.

3. International Adoption

There are some similarities here with a domestic infant adoption, and a lot of the steps are similar, but you will need to have a complete dossier on your family and a passport. One of the difficulties with an international adoption is that international laws do change fairly often, so you’ll want to work with someone who keeps up with all these changes. This is also the most expensive option by far.

4. Older Child Domestic Adoption

Most older children are foster children who can now be legally adopted. Most children in this situation are older than two years old, and you will need special training for this because there can be some emotional and relation challenges in adopting an older child. However, this is one of the more inexpensive forms of adoption, and it can be highly rewarding to give a home to a child who may feel lost in the system

Preparing Your Documents

Whatever adoption type you’re pursuing, you’ll need to prepare plenty of documentation. Your lawyer can tell you what you need and help you make sure it’s all done correctly. 

At the least, you need documents to prove where you live and provide verification of your income, gather some personal references from those who can speak to your good character, and have health statements that confirm that you are both physically and mentally fit for an adoption. The more organized your paperwork is, the more smoothly everything is going to go.

Preparing for the Home Study

In Texas, you will need to do a home study for nearly all adoptions. In a home study, a social worker comes to visit, review your circumstances, and interview you and everyone else in the household where the child will be living. The social worker with then prepare a report recommending you (or not) as suitable to be an adopted parent.

This is not a fast process but it is an important one, and if you know exactly what kinds of things the social worker is going to be looking for, things will likely go more smoothly. You’ll be able to answer well when you’ve had some time in advance to think over the types of questions the social worker will ask. Your lawyer will be able to tell you more details about what the home study will involve, so talk with them early in the process so you can start preparing.

Submitting the Initial Paperwork and Petitions

Once you’ve dealt with all the preliminary preparations, it’s time to submit your paperwork and petitions to the Texas family court. Depending on the type of adoption, there are different documents that need to be filed.

In a private domestic infant adoption, for example, you may need to file a petition to initiate the process and provide all the supporting documents showing your eligibility. If you are adopting a relative, such as if you are a stepparent, you may also need to show the relationship between you and the child you hope to adopt as well as either consent from the birth parents or documentation that their parental rights have been terminated.

Waiting for the Court’s Decision and Post-Placement Period

Once you have submitted everything, the court will review your case and make a decision. They’re going to take a look at the report from the home study and your supporting documents and take some time to verify that the rights of everyone involved have been respected.

It’s also important for the court to confirm that the adoption is in the best interest of the child. It’s also possible that during this period the court will ask for extra home visits, and if a child’s already been placed in your home, it’s likely there will be some post-placement visits. These are to confirm that the child is being cared for well and adjusting to their new life.

There are few things more wonderful than providing a home and love to a child in need. We can help this process go as smoothly as possible for you. Contact us at the Rojas Law Firm, PLLC in San Antonio, TX today to schedule a consultation.

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