There are many factors that go into one’s decision to place their child up for adoption. There are also many questions and concerns birth parents and prospective adoptive parents may have once they begin the adoption process. One big concern for both birth parents and prospective adoptive parents is whether a birth parent can change their mind about the adoption. The Texas Family Code lays out the requirements of a Voluntary Relinquishment of Parental Rights Affidavit in great detail.
A relinquishment affidavit that designates either the Department of Family and Protective Services or a licensed child-placing agency to serve as the child’s managing conservator is irrevocable. TFC 161.103(e). That means that if you are working with the Department of Family and Protective Services or a licensed child-placing agency, once you sign the relinquishment paperwork, you can no longer change your mind.
If the birth parents and prospective adoptive parents are not working with the Department of Family Protective Services or a licensed child-placing agency, the Voluntary Relinquishment of Parental Rights Affidavit must include a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time. TFC 161.103(b)(9). An expectant parent can change their mind until they sign the relinquishment affidavit or until such time as the revocability period has expired. If an affidavit of relinquishment of parental rights fails to state the period for irrevocability, the affidavit is only revocable if made before the 11th day after the date the affidavit is executed and therefore is irrevocable on or after the 11th day after the affidavit is executed. TFC 161.1035.
In non-agency adoptions, many relinquishment affidavits will include either a 60-day irrevocability period or an 11-day revocability period. It is important for both the birth parents and prospective adoptive parents to know which terms are included in the relinquishment affidavits and understand the different implications.
For both non-agency and agency adoptions, the Texas Family Code provides that a birth mother or presumed or acknowledged father cannot execute the Voluntary Relinquishment of Parental Rights Affidavit until the child is at least 48 hours old. TFC 161.103(a)(1). If an alleged birth father wishes to execute an Affidavit of Waiver of Interest to a child, they may execute that document at any time, and it is irrevocable in both non-agency and agency adoptions. An experienced attorney can explain the difference between a Voluntary Relinquishment of Parental Rights Affidavit and an Affidavit of Waiver of Interest as there are different reasons the parties may wish to use one affidavit versus the other.
There are many requirements for a Voluntary Relinquishment of Parental Rights Affidavit, and the adoption process can be intimidating for the families involved. However, with the help of a Modern Family Law attorney guiding you through the legal steps, you should feel confident in the adoption process. The Modern Family Law team is here to help guide birth parents and prospective adoptive parents through the process.
No, Texas law does not require that you work with an Adoption Agency. However, licensed agencies can provide certain services that non-agency or “private” adoptions cannot provide. For example, only a licensed agency is permitted to provide the birth family with financial assistance, other than certain exceptions such as medical expenses and legal expenses.
Typically, no. The Voluntary Relinquishment of Parental Rights Affidavit should include language that eliminates the necessity of appearing in Court.
Yes, Texas law requires that prospective adoptive parents will need to undergo a home study. The cost of a home study varies.
Texas law requires that the child lives with the prospective adoptive parents for a minimum of 6 months. However, the Court can waive this requirement if it finds that it is in the best interest of the child to be adopted prior to the 6-month period.
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