Adopting a child is a wonderful thing. Whether you are starting a family through adoption or are a stepparent looking to consolidate a blended family, there are a number of steps that need to be fulfilled before a legal adoption can be completed. An adoption attorney in San Antonio can smooth the process, ensuring that all legal considerations are taken care of. At the Rojas Law Firm in San Antonio, TX, we have a wealth of experience in this area.

What Are the Legal Steps to Finalize an Adoption? 

Adopting a child is a life-changing decision filled with emotional and legal significance. The legal steps necessary will depend on the kind of adoption that you are involved in. Texas law allows for a number of different types of adoption, including agency adoption, private or independent adoption, stepparent adoption, relative or kinship adoption, and foster-to-adopt.

Termination of Parental Rights (TPR)

No adoption can be finalized unless the biological parents’ legal rights are first terminated. This process can be voluntarily or involuntary. In a voluntary termination, a birth parent can sign an Affidavit of Voluntary Relinquishment of Parental Rights. In Texas, this affidavit cannot be signed until at least 48 hours after the child’s birth, ensuring the parent has time to consider the decision. This affidavit must be filed with the court and approved by a judge.

If the biological parent refuses to relinquish rights but is considered an unfit parent, or if the biological parent is unavailable, we can petition the court for involuntary termination. This is considered a very serious matter, and the court requires clear and convincing evidence to terminate a parent’s rights involuntarily. Grounds considered valid include:

• Abandonment
• Neglect or abuse
• Failure to support the child
• Criminal behavior or imprisonment
• Endangerment of the child’s welfare

Filing an Adoption Petition

Once parental rights are terminated, whether voluntarily or involuntarily, the child becomes legally available for adoption. You must then file a Petition for Adoption in the district court of the county where you or the child resides. At this stage, we can help to ensure all supporting documents are completed and submitted correctly. The petition will include:

• Your basic information
• The child’s details
• Confirmation that parental rights have been terminated
• Consent of the managing conservator (if applicable)
• Your request for the court to legally recognize the adoption

Home Study and Background Checks

A home study is required in almost every adoption case, although in some cases it may be waived for close relatives such as in a grandparent or stepparent adoption. A home study is an assessment conducted by a licensed social worker or agency.

Child Placement

Once the home study is approved, the child can legally placed with you. In some cases, this step may have been completed earlier in the process, particularly in foster-to-adopt or relative placements. Texas law requires a minimum of six months of placement before the adoption can be finalized. During this time, the agency or caseworker will visit you in order to see both how the child is adjusting and how your family is adapting to their arrival.

Consent to Adopt

Consent is an important part of the adoption process. In Texas the managing conservator must give consent (this is often a state agency or guardian), as must the child’s guardian ad litem (if one has been appointed). The child must also give consent if they are 12 years old or older. For younger children, consent may be given on their behalf by a court-appointed representative.

If you’re adopting through Child Protective Services or the Texas Department of Family and Protective Services (DFPS), they must also provide consent and a placement agreement.

Ad Litem Appointment

Final Adoption Hearing

This is the most meaningful part of the legal process. The Final Adoption Hearing typically takes place six months after the child has been placed in your home, or some time after that. You, your attorney, and the child (if old enough) will appear before a judge. At the hearing, we will present all necessary documentation to the court, including:

After the Adoption