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In an adoption, individuals gain the full legal responsibilities and duties of birth parents. As part of this process, family law terminates the natural rights of the birth parents to prevent legal conflict and uncertainty in the future. Depending on whether this act is voluntary or involuntary, it can be a difficult, drawn-out process for everyone involved. Below is a brief guide to what you can expect in Texas.

Voluntary Termination

family lawFamily law in each state has different rules and guidelines for adoption, so speak to an attorney before filing the initial petition. In Texas, if the biological parent is voluntarily surrendering their rights, they will have to sign an Affidavit of Voluntary Relinquishment of Parental Rights, which acknowledges this decision. They must sign the document after the child is born and should include a provision stating whether it is irrevocable or if they can change their mind. Until the adoption is finalized, the adoptive parent or a state agency has the authority to make important decisions on the child’s behalf.

Involuntary Termination of Parental Rights

Texas family law allows a stepparent of the child, another caregiver, or the state to file a suit for termination of a parent’s rights in some circumstances. While the state is often hesitant to take these rights away, they will do so if enough evidence shows it is in the child’s best interests. For instance, the court may agree to terminate parental rights in cases of extreme abuse or neglect, if the child was born addicted to alcohol or a controlled substance, or if the parents otherwise fail to provide a safe environment for their kids.

 

If you’re planning to adopt, involved in a contentious child custody dispute, or going through a divorce, the family law team at Ronald D. Zipp, Attorney at Law, has the expertise and personalized service you need. For over 40 years, this law office has helped families throughout New Braunfels navigate the complexities of the system in a wide range of situations. Visit their website for more information about their background in this practice area, or call (830) 629-5600 to speak to an attorney today.

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