Obtaining Non-Identifying Information: Adoptive parents, legal guardians of adopted adult, and adopted adults may obtain non-identifying information.
Obtaining Identifying Information: Identifying information is provided through a registry.
Using the Adoption Registry: The following persons may use the registry: adopted adults age 18 or older, birth parents, and birth siblings age 21 or older. The registry is provided through either the agency or the Texas Department of Health-Bureau of Vital Statistics.
Contact:
Central Adoption Registry
Bureau of Vital Statistics
TX Department of Health
PO Box 140123
Austin, TX 78714-0123
(512) 458-7388
Website
Obtaining an Original Birth Certificate: An adoptee must petition the court in which the adoption was finalized.
Statutes
Citation: Texas Family Code (1999), Sections 162.001 to 162.025; 162.101 to 162.107; 162.201 to 162.206; 162.301 to 162.309; 162.401 to 162.422
Web Site: http://www.capitol.state.tx.us
Contact: Local County Library
Consent Laws
WHO MUST CONSENT: Fam. Code § 162.010
• The managing conservator.
• The parent and spouse of parent.
CONSENT OF ADOPTEE: Fam. Code § 162.010
• A child 12 years or older must consent, unless court finds it in the child's best interest to waive consent.
WHEN PARENTAL CONSENT NOT NEEDED: Fam. Code §§ 161.001; 161.003; 161.005, 161.006, 161.007
• Parent unable to care for child due to mental illness.
• Has voluntarily terminated parental rights.
• After an abortion where the child survives.
• A person is convicted of a crime resulting in the birth of a child.
• Rights have been terminated on the grounds of abandon-ment, nonsupport, endangerment, abuse and neglect.
WHEN CONSENT CAN BE EXECUTED: Fam. Code §161.103, 161.106
• The birth mother may consent no sooner than 48 hours after the birth.
• A man may sign an affidavit disclaiming any interest at any time before or after the birth.
HOW CONSENT MUST BE EXECUTED: Fam. Code § 161.103
• A consent must be signed by the parent, whether or not a minor, witnessed by 2 credible witnesses, and verified by a person authorized to take oaths.
REVOCATION OF CONSENT: Fam. Code § 161.1035
• An affidavit of relinquishment that fails to state that it is irrevocable can be revoked for up to 11 days after signing.
• On the 11th day, consent becomes irrevocable.
§ 162.011
• Any time before an order granting an adoption, consent may be revoked by filing a signed revocation.
Parties to Adoption
WHO MAY ADOPT: § 162.001
• An adult.
WHO MAY BE ADOPTED: § 162.001
A child residing in the State if:
• The rights of the parents have been terminated
• The petitioner is a stepparent
• The child is at least 2 years old, and the petitioner is a former stepparent who has cared for the child at least 6 months.
WHO MAY PLACE A CHILD: § 162.025
• The child's natural or adoptive parent
• The child's legal guardian
• A licensed child placing agency.
Putative Fathers
REGISTRY: Yes
REGISTRY/PATERNITY REQUIREMENTS TO RECEIVE NOTICE: Fam. Code §160.256
• May file before child's birth, but no later than the 30th day after birth.
• Complete Bureau of Vital Statistics form signed by putative father and notarized.
INFORMATION CONTAINED IN REGISTRY/CLAIM: Fam. Code §160.253
• Putative father's name, address, driver's license number and social security number.
REVOCATION OF INFORMATION: Fam. Code §160.259
• Putative father may at anytime revoke a notice of intent to claim paternity by sending a written statement signed and notarized. The statement must include that the registrant is not the father or a court has adjudicated paternity and another person was determined to be the father.
ACCESS TO INFORMATION: Fam. Code §160.255
• Sent to birth mother.
• A court.
• An authorized agency.
• A licensed child-placing agency.
• An attorney involved.
• Any other person or entity with a legitimate interest.
Regulation of Adoption Expenses
BIRTH PARENT EXPENSES ALLOWED: §162.025(b) A professional may provide legal or medical services.
EXPENSES NOT ALLOWED: None are specified.
PAYMENTS FOR ARRANGING ADOPTION: §162.025(a) A person who is not the parent or a licensed agency may not receive payment for placing a child or serving as an intermediary.
PAYMENTS FOR RELINQUISHING CHILD: This issue is not addressed.
FEES CHARGED BY DEPARTMENT OR AGENCY: §§162.0025; 162.003; 162.025 A licensed agency may charge a fee for services, including for any home studies or social studies.
ACCOUNTING OF EXPENSES REQUIRED BY COURT: The statutes do not specifically require that an accounting be given to the court.
This material may be reproduced and distributed without permission; however, appropriate citation must be given to the National Adoption Information Clearinghouse.
