The process of adopting in Texas can differ drastically if it’s an adult adoption or the adoption of a child which is why it is best to seek legal help from an Arlington family lawyer to navigate this. The processes will contrast each other considering we are looking at an adult versus a minor, in the eyes of the law the adult will have more of a say in the matter than a child who is normally under the decision of their parent or parents but both processes can be simplified to be understood more easily. When discussing these two processes and their contrasting qualities we need to make sure we understand both processes on their own.
For adopting a child in Texas there are a few steps that are necessary before you can say that the child is legally part of your family. You will need to be at least 21 years of age and be deemed financially stable enough to fund yourself and the child you are looking to adopt. The next step for you would be to complete an application to adopt. It’s required for you to share background and lifestyle information in order to ensure that the child will be able to thrive in an environment with you as their guardian and to protect the child from any harm. There will be a criminal background check and child abuse checks on all adults living in the home to guarantee the child will be safe in the home. Furthermore you may provide references that can attest to your character as well as a home study. The purpose of the home study is to interview any residents in the house and get a feel for the home life the child will have.
The process for adult adoption is not quite as lengthy since the adult you are wanting to adopt is able to make the decision for themself on whether or not they agree to the adoption. You are still required to be at least 21 years of age and be financially stable and responsible. First, you will fill out a petition to adopt similar to how you would for the child adoption. If you are married then your spouse must also sign the petition and agree to the adoption. The adults that wish to adopt must consent to the adoption in writing since they are of legal age to approve or deny the adoption. Finally, you and the adult you are wanting to adopt must attend the hearing unless the judge waives that requirement if they see fit. After that you’re all done, the adult is officially your adopted child!
A major difference between these two types of adoptions is that for the adoption of a minor, the parental rights of the biological parents must be terminated in order for adoption to take place. An adopted child can still inherit from their biological parents as long as there wasn’t a termination decree specifically stating that they cannot inherit from their parents, but they can inherit from their adoptive parents. This means that the biological parents of the child must be informed of the adoption and they must consent to it. On the other hand, in an adult adoption there is no legal obligation to inform the adult’s biological parents of the adoption and they are not able to give consent on the adult’s behalf. The adopted adult is able to inherit from their adoptive parents whatever their adoptive parents would like to leave them.
These two types of adoption can benefit families depending on their specific circumstances and will differ for varying reasons. Overall adoption is helpful in building and growing families but can also become complicated when dealing with children and it’s crucial to know the differences in adoptions. Contact the Brandy Austin Law Firm today for help with all adoptions today.
