Texas
TexasWho Must Consent:
- The managing conservator.
- If a parent of the child is presently the spouse of the petitioner, he must join in the petition for adoption.
Consent of Adoptee:
A child 12 years or older must consent, unless court finds it in the child's best interest to waive consent.
When Parental Consent is Not Needed:
- 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 abandonment, nonsupport, endangerment, abuse and neglect.
- 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.
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.
Time for Revocation:
- 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.
- Any time before an order granting an adoption, consent may be revoked by filing a signed revocation.
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents
Relinquishment Summaries by State: Index
Source: National Adoption Information Clearinghouse. Reprinted with permission.
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