Does the biological parent have to have his/her parental rights terminated before I can file a petition to adopt the child?
States differ in their requirements on filing for adoption. In Texas, the process of terminating parental rights can occur concurrently with the proceedings for adopting the child. This is referred to as a “joinder” of actions. However, 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 the agency as managing conservator of the child, further consent by the parent is not required and the adoption will terminate all rights of the parent without further termination proceedings. Q. I have located a child who is five months old. He is currently living with his birth-mother but she is willing to terminate her parental rights and allow me and my husband to adopt the boy. How long will the process of adoption take? The birth-mother will have to let the child move with you for a while. It is not only good for the child t
Related Questions
- Is the Relinquishment of Parental Rights Final? Do I have to worry about the Birth Parent(s) requesting the child back?
- Can the biological father’s parental rights be terminated even where his paternity has not been proved?
- May child’s grandfather adopt the child, while the child’s mother retains her parental rights?