El Paso Adoption Attorney

The path to adoption can be long, and the right process depends on your situation. Texas law recognizes several types of adoption, each with its own requirements and procedures.

Types of Adoption We Handle in El Paso

We help clients with the following types of adoption:

• Agency Adoptions
  • Public and private agencies facilitate adoptions by connecting children with prospective adoptive parents.
• Independent Adoption
  • Prospective parents can connect directly with a birth parent outside of an agency, without agency involvement.
• Stepparent Adoption
  • If you’ve remarried and want to legally formalize the relationship with your spouse’s child, stepparent adoption accomplishes that. The non-custodial biological parent’s rights must be terminated before the adoption can be finalized.
• Relative or Kinship Adoption
  • Extended family members, grandparents, aunts, uncles, and others, can adopt a child in certain circumstances.
• International Adoption
  • Adopting a child from a foreign country requires compliance with the Hague Convention in addition to Texas law, making it among the most procedurally involved options available.
• Foster or CPS Adoption
  • Families can adopt a child already in the Texas Department of Family and Protective Services foster care system when parental rights have been terminated or are in the process of being terminated.

The Texas Adoption Process: What to Expect

Texas law establishes a consistent framework that applies across adoption types, though every case has its own facts. Here are the key stages prospective adoptive parents in El Paso County should expect.

• Adoption Evaluation: Required under Texas Family Code § 162.003, the adoption evaluation involves personal interviews, background checks, and a home evaluation to confirm the prospective parent can provide a safe and stable environment for the child.
• Termination of Parental Rights: Before any adoption can be finalized, the biological parents’ parental rights must be terminated, either voluntarily through a signed relinquishment or involuntarily by court order under Texas Family Code § 161.001. In some cases, termination and the adoption petition are joined in the same proceeding.
• Eligibility Requirements: Prospective adoptive parents must be at least 21 years old under Texas Family Code § 162.001. If the child is 12 or older, the child must consent to the adoption in writing or in court unless the court waives that requirement.
• Court Finalization: All Texas adoptions are finalized through a court proceeding. The judge applies the best interest of the child standard under Texas Family Code Chapter 162 before issuing a final decree.

Adoption vs. Guardianship in Texas

Adoption and guardianship accomplish different legal goals, and the right path depends entirely on your family’s circumstances. Adoption permanently transfers parental rights from the biological parents to the adoptive parents, creating a new legal parent-child relationship that includes full inheritance rights. Guardianship grants a guardian legal authority to care for a child without terminating the biological parents’ parental rights. It provides ongoing care and legal authority, but doesn’t establish the permanent relationship that adoption does. Families weighing these options benefit from speaking with an attorney who can evaluate the specific situation and recommend the appropriate proceeding.

Do You Need an Attorney to File for Guardianship in Texas?

Yes, you need an attorney to file for guardianship in Texas. Guardianship proceedings are complex. An attorney can help you understand the eligibility requirements, prepare and file the necessary paperwork, and represent you at court hearings throughout the process.

Connect with an El Paso Adoption Attorney Who Knows Your Community