Family law attorneys handle all kinds of legal matters that are not known for their pleasantness - divorce, custody, child support, etc. Although helping people with their family issues is rewarding, one of the most rewarding things we help people with is adoption.
An adoption is the beginning of a new life not only for the child but for the parents and the entire family. And what a wonderful thing to be a part of and to help make happen!
Adoption is a two-step process. First you must terminate the rights of the biological parents, followed by the actual adoption; step two.
Occasionally a mother will call me wanting her husband to adopt her child but she doesn’t really want to notify the biological father. Unfortunately, that can’t happen. The biological father must be told of the adoption. Sometimes the father will agree to have his rights terminated so the stepfather can adopt. When that happens, it makes the adoption much easier in that the biological father will sign an affidavit of relinquishment of parental rights. When the biological parent or parents will not agree to relinquish his or her parental rights, you have to have a full trial where you must prove that it is in the best interest of the child to terminate the biological parents’ parental rights and prove any one of the statutory reasons for terminating parental rights.
Once the parental rights of the biological parents are terminated, the adoption is pretty much a formality.
I also have people ask me if they can do their adoption on their own without a lawyer. I do not recommend someone attempt to do so. Termination and adoption is a very technical paper-driven process and if you have not done everything exactly right and filed the correct paperwork with the Court, you will not be successful in your adoption.
If all the paperwork and pleadings are not in order, you might show up to the final trial only to be turned away because something is missing or incorrect. Further, if you complete your termination and adoption and one thing is wrong, someone can call in question a part of the process or procedure which means the adoption could be reversed. Something like that could be devastating to the child, the parents, and the family.
In Tarrant County, Texas, the judges like the termination trial and adoption to happen on the same day whenever possible. In Child Protective Services cases that can’t always happen but in private cases, the judges want the termination and adoption to happen all at once so that a child is not left fatherless, motherless, or parentless for any period of time.
When all the paperwork is in order, in Tarrant County, the judges do a great job of making adoption day something special not only for the adopted children and the parents, but for the entire family and their friends. The judges include everyone in the hearing; some will even swear in the children at the same time as everyone else just so they feel a part of the process. The judges do things at an adoption they don’t allow any other time. The entire group of people, family and friends are allowed to approach the bench for the actual (and very brief) adoption hearing. Taking pictures is not only allowed but encouraged. The judge even allows the immediate family to take the steps up to the bench where the judge sits for a photo opportunity with the judge. With all the ugly things judges see in family law courts, they love adoptions too.
Adoption can be a rewarding event for everyone involved. If you are looking for an adoption of any kind, I highly recommend meeting with an attorney and eventually hiring one to make sure everything is done correctly. As rewarding as an adoption can be, if it is not done properly, it can be a nightmare for the children and parents.
Ami J. Decker
www.famlawtex.com
