Adoptions


§ 162.001. WHO MAY ADOPT AND BE ADOPTED.

(a) Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted.
(b) A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child’s former stepparent, and the nonterminated parent consents to the adoption; or
(4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child’s former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.
(c) If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

§ 162.002. PREREQUISITES TO PETITION.

(a) If a petitioner is married, both spouses must join in the petition for adoption.
(b) A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:
(1) a verified allegation that there has been compliance with Subchapter B ; or
(2) if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

§ 162.003. PRE-ADOPTIVE HOME SCREENING AND POST-PLACEMENT REPORT.
In a suit for adoption, a pre-adoptive home screening and post-placement report must be conducted as provided in Chapter 107. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, § 73, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 800, § 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 133, § 6, eff. Sept. 1, 2001.

§ 162.005. PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT.

(a) This section does not apply to an adoption by the child’s:
(1) grandparent;
(2) aunt or uncle by birth, marriage, or prior adoption; or
(3) stepparent.
(b) Before placing a child for adoption, the Department of Protective and Regulatory Services, a licensed child-placing agency, or the child’s parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.
(c) The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.
(d) If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child’s parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.
(e) The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child. The copy of the report shall be edited to protect the identity of birth parents and their families.
(f) The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed. The supplemental information shall be retained for as long as the original report is required to be retained.

§ 162.0085. CRIMINAL HISTORY REPORT REQUIRED.

(a) In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person’s own criminal history record information. The court shall accept under this section a person’s criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.
(b) A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

§ 162.009. RESIDENCE WITH PETITIONER.

(a) The court may not grant an adoption until the child has resided with the petitioner for not less than six months.
(b) On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

§ 162.010. CONSENT REQUIRED.

(a) Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.
(b) If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.
(c) A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child’s best interest.