Texas Adoption
Texas permits the following types of adoptions in addition to public adoptions:
| Adoption Type |
Yes/No |
| Private Agency |
Yes |
| Private Attorney |
No |
| Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
-
The only non-agency adoptive placements which are lawful are those made by legal parents or managing conservators. Texas Family Code, Chapter 162, Subchapter A. 162.025
Public
Public Adoptive Placement-Requirements:
May be single or married and must
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be at least 21 years of age, financially stable, and responsible mature adults
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complete an application (staff can assist you)
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provide relative and not relative references
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share information regarding their background and lifestyle,
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show proof of marriage and/or divorce (if applicable),
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agree to a home study which includes visits with all household members,
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allow staff to complete a criminal history background check and an abuse/neglect check on all adults in the household, and
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attend free training to learn about issues of abused and neglected children
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have adequate sleeping space
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allow no more than 6 children in the home including your own children or children for who you provide day care.
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agree to a nonphysical discipline policy
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permit fire, health and safety inspections of the home,
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vaccinate all pets,
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obtain and maintain CPR/First Aid Certification
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obtain TB testing as required by the local Health Department for household members
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attend 20 hours or more of training each year
The training provides an opportunity for the family and DFPS to assess whether foster care or adoption is best for the family. The family may withdraw from the meetings at any time. There is no charge for the meetings. Foster/adoptive parents generally train together.
Adoption Assistance
Adoption assistance payments begin:
- At the time the child is placed
Sending State Adoption Subsidy Payments (Guidelines):
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Children must be legally free for adoption to be eligible for adoption assistance.
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In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined below and under the managing conservatorship of the state of Texas (in state custody/under jurisdiction of the state).
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Adoption assistance payments and benefits may begin in Texas the first month after the month of adoption placement and termination of foster care assistance.
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Texas does not have a specific program to provide additional finances or services for medical or therapeutic needs not covered under the state medical plan. Additional services may be available through their Post Adoption Service Program
Special Needs
Texas definition of "Special Needs":
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A child with special needs is defined as a child that has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:
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Six years of age or older and less than eighteen years of age
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Two years of age or older and less than eighteen years of age and a member of a minority group that traditionally creates a barrier to adoption
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Member of a sibling group to be adopted together or adopted to join a sibling
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Verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional through a diagnosis that addresses what the condition is and how the condition is handicapping
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Texas, child must be in adoptive placement:
Statutory code/cite for Adoption Petition:
Petition filed at any time. No petition for adoption granted until the child has lived in the home for a period of at least six months, unless waived by the court. Texas Family Code, Chapter 162, Subchapter A. 162.002
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
In adoptions, a court ordered social study is required. Texas Family Code, Chapter 162, Subchapter A. 162.003.
