What are the legal rights of the birth parents, and how is their consent obtained and finalized in Texas?

It is crucial that you understand your parental rights before considering surrendering them, especially if you’re contemplating adoption for your child. Being aware of your rights as a birth parent is essential, particularly when it comes to the most significant step: terminating parental rights.

This guide provides an overview of birth parents’ parental rights.

Termination of Parental Rights

There are two ways parental rights can be terminated:

• Involuntary termination of parental rights
• Voluntary termination of parental rights
• Voluntary termination occurs when birth parents decide to put their children up for adoption, thereby relinquishing their parental rights. In contrast, involuntary termination happens following a court ruling due to reasons like abuse or neglect, where the biological parents lose their rights without consent.

Voluntary Termination

For a birth parent to voluntarily terminate their parental rights, several steps must be followed to allow for the child’s adoption:

• Waiting Period: Many states have a waiting period before a parent can consent to relinquish their child for adoption. This period ensures that birth parents have ample time to make an informed decision, with waiting times varying from 12 hours to 15 days, commonly set at three days. Approximately 15 states do not require a waiting period, allowing immediate consent post-birth.
• Consent: Post-waiting period, birth parents can consent to the adoption. This process typically requires the consent of one or both birth parents, governed by state laws.
• In situations where the birth father has not established paternity or responded to adoption proceedings, his consent may not be necessary.

Consent can also be provided by:

• A custodian of the child, such as a grandparent
• The child’s guardian
• A court with jurisdiction over the child
• A child-placing entity, like an adoption agency or social services department
• Writing Requirement: Most states mandate that consent be in writing, signed before a court official or notary public. This applies to both biological mothers and fathers who have established paternity.

Establishing Paternity

A birth father can establish paternity through various means, including being named on the birth certificate, registering with a state “putative father registry,” or submitting a paternity affidavit.

Involuntary Termination

Involuntary termination can occur under specific conditions, usually focusing on the child’s best interests. Reasons for such termination include severe abuse or neglect, parental mental illness or incapacitation, abandonment, criminal convictions, or lengthy incarceration.

Revoking Consent

Generally, adoption consent is irrevocable to ensure the child’s stability. However, some states allow revocation under limited circumstances, such as fraud, coercion, or mutual agreement between the birth and adoptive parents, typically before the final adoption decree.

Unknown Birth Parent

In cases with an unidentified birth parent, consent for adoption might not be required, particularly when the father’s identity is unknown, or the mother refuses to disclose it.

Open Adoption

Open adoptions, which are now more common, allow birth parents to remain involved in their child’s life post-adoption, often through visitation rights detailed in the adoption agreement.

Adult Adoption

Adult adoptions do not require birth-parent consent, simplifying the process significantly.

Stepparent Adoption

Stepparent adoptions require the consent of both biological parents, unless one is unlocatable or refuses consent, in which case a court may terminate their rights.

Birth Parent Support

Various state programs exist to support all parties in an adoption, aiming to ease the transition and reduce anxiety.

Consulting the Law Office of Dana Baker at 979-310-5507 can provide clarity on birth parent rights and the adoption process. An experienced family law attorney from our office can offer legal advice, helping you navigate the complexities of adoption law and understand your legal rights and obligations.