Attempting to adopt a child is one of the most generous and loving acts you can undertake. If you have already filed your petition for adoption, you have likely come to realize that there will be a social study completed on you, your spouse, and your household. This is true whether or not you are a child’s stepparent, another relative of the child, or are unrelated to the child. Rather than trying to figure out what a social study means for you and your family in the moments before one is ordered to be done, I recommend learning as much as possible beforehand.
In the social study, you will discuss your adoption goals with the professional assigned to your case. Talk how you and your family are prepared to take on the tremendous responsibility of raising a child well. Some people would consider this an invasive aspect of the case, though it does not have to be. If you know what to expect, you can prepare well before meeting with anyone who comes into your house.
On behalf of the attorneys with the Law Office of Bryan Fagan, PLLC, I’d like to spend today’s post for this topic. I can scarcely think of any more important issue in today’s world of families in transition and children in need. If you have any questions or seek clarification on any topic we cover today, please do not hesitate to contact our office today.
What is the purpose of adoption in Texas?
Just so we can all start with the same knowledge on adoption, I wanted to share with you what adoption is all about in our state. Adoption exists in Texas to create a parent-child relationship between you as an adoptive parent and your child. Once you are named the adoptive parent, there is no distinction between you as an adoptive parent and a biological parent. You are assuming the permanent roles of care, custody, and control that a biological/birth parent would have.
Your commitment is a complete one, both to the court and to your child. You will provide the necessities of life for your child. The court does not play an active and involved role in your life after your adoption petition is granted. Likewise, there is no “sliding scale” of care that you can provide your child with due to your being “only” an adoptive parent. You’re in it fully at this point.
Where can I file a Petition for Adoption in Texas?
A lawsuit in which you seek to adopt a child should be filed in the county where the child resides or where you reside. It does not matter if another court in Texas has jurisdiction over the child in other family law-related matters. However, keep in mind that the other case does not have to be transferred into your family law court.
You cannot go about the adoption alone if you are married
If you are married, your spouse must enter into the adoption process as a party to the case. If you and your spouse get divorced during your adoption case, then the court can dismiss your request for adoption until you can seek leave of court to amend your petition to include only your name.
Termination of at least one parent’s parental rights is necessary
There cannot be three parents of a child in Texas. As such, one of the child’s legal parents must have their rights terminated. Once this has happened and the child has lived in your home for at least six months, you can move forward with the adoption process.
Why is a social study done in conjunction with your adoption case?
The judge in your case has a large amount of responsibility on their shoulders in handling your adoption case. He or she must decide that naming you as their legal mother or father is in the child’s best interests. In making that decision, you will be scrutinized a great deal. The social study functions to provide the judge with additional information regarding your persona and home environment when you are not in the courtroom. The social worker assigned to your case acts as the court’s eyes and ears in relaying information and making recommendations either for or against you.
When your social worker enters your home, your family members will be met individually and then as a group. The reason is that the worker will want to see how well you relate to one another as a group and also how you respond to questions when separated.
It is expected that a background search is a part of this process. A search of your criminal, employment, and general background histories will be run to determine if there are any skeletons in your closet that render you unfit to become an adoptive parent. Past incidents involving drugs, alcohol, or CPS are sure to be looked at harshly.
Any other children who live in your household that are of age (say, older than 10) will be interviewed individually. In addition to your children, you will provide a list of references for your social worker to reach out to for additional information about you.
What happens once the social study is completed?
When the social worker has completed their study, a report will be created for submittal to your judge. Once it is filed, you will receive a copy along with your attorney. At the end of the study, a recommendation will be made by the social worker. Either the adoption should move forward or should not be approved.
In the event that the social worker recommends that your adoption application be approved and continued, there would be a final hearing in your case where a judge would render a decision on your petition. Keep in mind that if you are not recommended for adoption, you can work with the social worker. In most cases, you can improve areas of your life or to clear up discrepancies to gain the worker’s recommendation. In these areas, an attorney is an excellent advantage for you to have.
What documents are required in a Texas adoption?
Just to put a bow on this subject, I wanted to run through the documents that will be required in your adoption case in addition to the pre-adoptive social study.
A Health, Social, Educational, and Genetic History Report will be compiled unless you are a blood relative or stepparent. This requirement may be waived if you cannot locate the child’s biological parents.
If your child is over the age of 12, they must provide a written consent form to the court regarding their preference on whether or not you should be able to adopt them.
Criminal History Report, as discussed above. You and your spouse will have a criminal background search completed.
Exceptional circumstances for adopting a child from a foreign country will be discussed tomorrow.
If you are a Texas resident interested in adopting a child from another country, we will discuss some topics related to this subject at the outset of tomorrow’s blog post. Stay tuned to our blog to learn more about this issue.
Questions about adoption and the pre-adoptive social study? Contact the Law Office of Bryan Fagan, PLLC
If you are interested in adopting a child and need to learn more or have information clarified for you, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We work on behalf of southeast Texas families just like yours to accomplish their goals and objectives. A free-of-charge consultation with a licensed family law attorney is only a phone call away.
Other Related Articles:
- Stepparents and Adoption in Texas: Expanding Your Family
- Texas Adoption FAQs
- Open versus Closed Adoptions: What is the difference?
- Will a Texas divorce impact my adoption?
- Adult Adoption in Texas: Why, When and How does it affect inheritance?
- Private adoptions in Texas
- Adoption and sperm donation in Texas
- Adult Adoption in Texas: What it is and how it works
- CPS Adoption Representation in Texas
- Stepchild adoption: What if the other parent won’t consent?
Frequently Asked Questions
What is a pre adoption?
Pre-adoption refers to the phase before the formal adoption process begins. It involves preparations, evaluations, and legal considerations that prospective adoptive parents undertake.
At what age can a child choose to be adopted by stepparent in Texas?
In Texas, a child who is 12 years old or older can express their preference regarding adoption by a stepparent. While the court considers their preference, the ultimate decision rests with the judge.
Is it difficult to adopt in Texas?
The difficulty of adopting in Texas can vary based on factors such as the type of adoption, the age of the child, and individual circumstances. While there are requirements to meet, many families successfully navigate the process with proper preparation and guidance.
How long is the adoption wait in Texas?
The adoption wait time in Texas can vary widely. It depends on factors like the type of adoption, the availability of children, and the specific agency or route chosen. While some families may experience shorter waits, others might need to be patient during the matching process.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
