How does the state terminate parental rights for adoption?

On Behalf of | Aug 11, 2021 | Adoption |

Adopting a child is something that you must take very seriously. It is a huge duty to undertake. Because adoption is such an important task, the state has set some strict standards you must meet to become an adoptive parent. The state also ensures there is a severing of the legal relationship with the biological parents.

According to the Texas Constitution and Statutes, an adoption is an option once the child-parent relationship ends between the child and his or her biological parents. There are some other situations that also may apply where the handling of the biological parenteral rights occurs differently.

Parent retains rights

You may be able to adopt a child who has one parent retaining his or her rights. In this situation, you must be someone who has provided care for the child for at least six months. The parent who retains rights must give his or her consent, and the child must be at least two years old.

If the parent who retains rights does not consent, then you need to have care of the child for one year to adopt.

Without termination first

It is also possible for you to adopt a child without having to go through specific termination proceedings beforehand if you go through the Department of Family and Protective Services. You will need an affidavit of relinquishment from the parent who gives up his or her rights voluntarily. The affidavit must consent to the adoption of the child. The department can then allow you to adopt the child, and when the court finalizes the adoption, the parental rights terminate automatically.