What you need to know about...
Adopting in Texas
Adoption in Texas
Ya'll, in Texas, anyone 21 or over may adopt. Out of state adoption is permissible too. Birth Mom medical, legal, counseling and living expenses for up to six weeks postpartum may be provided by Adoptive Families. Fun fact about Texas: Dr. Pepper was invented here in 1885.
Home Study Providers in Texas
2 Home Study Providers in TX
$1,400 Average Home Study Cost
37 days Average Home Study Duration
PairTree Home Study
The Modern Way to Home Study
Adoption Attorneys in Texas
17 Adoption Agencies in TX
13 
AAAA Attorneys in TX
Academy of Adoption & Assisted Reproduction Attorneys
Traveling For Your Adoption in Texas
Length of ICPC
in Texas
1-30 days
Email: Susan.Beck@dfps.texas.gov
Texas participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.
Adoption Law FAQ in Texas
Advertising Law Info
-
Can adoptive parents advertise for birth parents?
No.
-
State Advertising Code of Law
Citation: Penal Code § 25.09
A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption. This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
Public media includes newspapers or other periodicals, billboards or other signs, radio or television broadcasts, or communications through the use of the Internet or another public computer network.
Adoption Law Info
-
Who Can Adopt?
Any adult may adopt.
-
Can out-of-state residents finalize an adoption?
Yes.
-
Can adopting parents use an adoption facilitator or another paid intermediary?
No, only licensed child-placing agencies can âmatchâ prospective adoptive parents with an expectant mother.
-
What birth parent expenses may be paid, and in what time period?
Private: medical, legal, and counseling. Agency: medical, legal, counseling, living expenses (rent, clothing, food, gas). No reimbursement for expenses paid or incurred prior to contact with agency. 6 weeks postpartum. No reimbursement if adoption fails.
-
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
Private: Relinquishment revocable for 10 days, or irrevocable for up to 60 days after signing. If properly revoked during appropriate time, return is likely. Agency: after signing.
-
Qualifications for Adoptive Parents for adoption
Citation: Admin. Code Tit. 40, § 749.3623
All adoptive applicants must be:
• Age 21 or older
• Financially able to provide for their family and the child being adopted
• Healthy enough to assume parenting responsibilities
• Able to accept and parent an adopted child
• Willing to respect and encourage the adopted childâs religious affiliation, if any
Home Study Info
-
Elements of a Home Study for Adoption
Citation: Fam. Code § 107.0514; 162.0085; Admin. Code Tit. 40, §§ 745.615; 749.3663
The basic elements of a social study consist of:
• A personal interview of each adopting parent
• An interview, conducted in a developmentally appropriate manner, of each adoptive child who is at least age 4
• Observation of each adoptive child, regardless of age
• Obtaining information from relevant collateral sources
• Evaluation of the home environment
The court shall order each person seeking to adopt a child to obtain that personâs own fingerprint-based criminal history record information. The court shall accept a personâs criminal history record information when the information was obtained no more than 1 year before the date the court ordered the history to be obtained.
In regulation: A name-based criminal history check and a central registry check must be requested for:
• Each prospective adoptive parent seeking to adopt through a child-placing agency
• Each person age 14 and older who will reside in the home
The department must request a fingerprint-based criminal history check request for:
• Any person who applies to be an adoptive parent
• Any person age 18 or older living in the home of the applicant
Basic safety requirements for the home and grounds include:
• The home must be clean, safe, and free of obvious fire and other hazards. The home must be equipped with smoke detectors.
• Pets must be vaccinated and treated as recommended by a licensed veterinarian.
• If the adoptive home has a swimming pool, wading pool, hot tub, or other bodies of water on the premises, plans must be in place to ensure the safety of the child. -
Grounds for Withholding Approval for Adoption
Citation: Admin. Code Tit. 40, §§ 745.651; 745.655
Approval may be denied if the person has committed any of the following misdemeanor or felony offenses:
• Offenses against the person or family
• Robbery
• Public indecency
• Stalking
• Crimnal solicitation of a minor
• Failure to stop or report aggravated sexual assault of a child
• Any offense committed in the past 10 years including:
o Those under the Texas Controlled Substances Act
o Making firearms accessible to a child
o Intoxication and alcoholic beverage offenses
• Any other felony under the Texas Penal Code or similar offense under the law of another State or Federal law committed within the past 10 years
• Deferred adjudications covering an offense listed above if the person has not completed probation successfully
Approval also may be denied if a check of the child abuse central registry reveals that the person has any sustained finding of child abuse or neglect, including sexual abuse, physical abuse, emotional abuse, physical neglect, neglectful supervision, or medical neglect. -
When Home Studies Must Be Completed for Adoption
Citation: Admin. Code Tit. 40, § 749.3633
An adoptive home screening must be updated every 12 months and after a major life change in the adoptive family. The update must include:
• A review and any required updating of each category of information required for an adoptive home screening
• Documentation of at least one visit to the adoptive home when all household members are present within the 90-day period before the update is approved -
Postplacement Study Requirements for Adoption
Citation: Admin. Code Tit. 40 §§ 749.3741 through 749. 3753
A postplacement adoptive report is a written evaluation of the adjustment of all individuals to the placement. Interviews for the report may be conducted in one visit and must include:
• Individual interviews with each adoptive parent, each child age 3 or older, any other person living with the family
• A joint interview with the adoptive parents
• A family group interview with all family members
The interviews must be conducted after the child has resided with the adoptive parent for at least 5 months. Each interview should focus on the adjustment of the family and the child following the placement of the child. The caseworker must visit the home when all members of the household are present and document the date, persons present, their relationship to the adoptive parents, and observations made during the visit.
The postplacement adoptive report must include:
• A summary of all assessments and available information about the child, including:
o Health, social, education, genetic, and family histories
o History of physical, sexual, or emotional abuse experienced by the child
o History of any previous placements
o The childâs understanding of adoptive placement
o The childâs legal status
• A summary of all assessments, interviews, and available information about the adoptive parents including:
o The adoptive home screening, including the results of the criminal history and central registry background checks
o Individual strengths and weaknesses of the adoptive parents
o Observations made relative to the familyâs interactions
o Interviews conducted and home visits
• An evaluation of the childâs needs and whether the environment will meet those needs
• A summary of the adjustment of the family and child in the home during the postplacement period