Adoption

El Paso Adoption Attorney

Adoption is one of the most meaningful legal events a family can experience. It creates a permanent, legally recognized parent-child relationship and gives a child the stability, security, and sense of belonging they deserve. The process, however, involves specific legal requirements, court filings, and procedural steps that must be completed correctly.

At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we guide El Paso families through the adoption process from start to finish. When you turn to our law office for legal counsel regarding adoption, you can expect the level of care and attention that this important milestone deserves. Call (915) 532-1122 to set up an initial consultation.

Types of Adoption in Texas

Texas law recognizes several types of adoption, each with its own requirements and procedures. The right approach depends on your relationship to the child and the circumstances surrounding the adoption.

Stepparent Adoption

Stepparent adoption is one of the most common types of adoption in Texas. It occurs when a stepparent legally adopts their spouse’s child from a prior relationship, creating a full legal parent-child relationship between them. For a stepparent adoption to proceed, the child’s other biological parent must either voluntarily relinquish their parental rights or have their rights terminated by the court. Once the adoption is finalized, the stepparent assumes all legal rights and responsibilities of a parent, and the biological parent who relinquished rights is fully released from any further obligation, including child support.

Stepparent adoptions also require the consent of the child being adopted if they are 12 years of age or older. Attorney Deck walks you through the full process, from filing the petition and addressing parental rights to finalizing the adoption in court.

Relative Adoption

When a child cannot be raised by their biological parents, a grandparent, aunt, uncle, or sibling may seek to adopt. Relative adoptions follow many of the same procedural steps as other adoptions but may involve unique circumstances such as an existing guardianship, a CPS case, or a parent who has passed away or become incapacitated. Attorney Deck has extensive experience in child welfare matters and understands how to navigate the complexities that often arise in relative adoption cases.

Independent Adoption

An independent adoption — sometimes called a private adoption — occurs when birth parents voluntarily place a child with an adoptive family without going through a licensed child-placing agency. These adoptions are governed by specific Texas statutes and require careful attention to consent requirements, home studies, background checks, and court approval.

The birth parents’ relinquishment of parental rights must be executed in a specific manner to be legally valid, and the timing and procedural requirements are strict. Having an experienced adoption attorney is essential in independent adoption cases to ensure every step is handled correctly.

Adult Adoption

Texas law also allows for the adoption of adults in certain circumstances. Adult adoption is most often pursued to formalize a parental relationship that has existed for years without legal recognition. An adult adoption requires the consent of the person being adopted and follows a streamlined court process compared to the adoption of a minor.

The Adoption Process in Texas

While the specific steps vary depending on the type of adoption, most Texas adoptions involve the stages outlined below. For more information about any of these steps, don’t hesitate to reach out to Richard Deck, Attorney & Counselor at Law, PLLC, at (915) 532-1122.

Consent and Parental Rights in Texas Adoptions

One of the most legally sensitive aspects of any adoption is ensuring that consent has been properly obtained and that parental rights have been validly terminated. In Texas, a birth mother cannot execute a relinquishment of parental rights until at least 48 hours after the child’s birth. The relinquishment must be executed in a specific form before a judge or an authorized representative and is irrevocable once signed, with very limited exceptions.

If a birth father’s identity is known, his parental rights must also be addressed. Unmarried fathers who have registered with the Texas Paternity Registry or who have taken steps to establish a relationship with the child have rights that must be properly handled before the adoption can proceed. Failure to correctly address a birth father’s rights is one of the most common sources of legal complications in adoption cases.

Attorney Deck ensures that every consent and termination of rights in your case is handled appropriately, protecting the integrity of the adoption and the security of your family.

Why Choose Richard Deck as Your Adoption Attorney

Attorney Deck is a Certified Child Welfare Law Specialist, recognized by the American Bar Association and the National Association of Counsel for Children. His background spans decades of work involving children’s legal matters, giving him a depth of knowledge that directly benefits families navigating the adoption process.

With an extensive background in child welfare law, Attorney Deck is well-equipped to handle any complexities that arise in your adoption case. In fact, many adoption cases — particularly relative adoptions — intersect with CPS proceedings or contested parental rights. Make sure you’re working with an attorney who knows this area of law.

Family in El Paso with their daughter, after getting help from their Adoption Attorney

Frequently Asked Questions

How long does the adoption process take in Texas?

The timeline varies depending on the type of adoption. Stepparent adoptions, particularly when the non-custodial parent voluntarily relinquishes rights, can sometimes be finalized in a few months. Independent and relative adoptions typically take longer due to home study requirements, background checks, and court scheduling. Cases that involve contested parental rights or CPS proceedings can take considerably more time.

Can a birth parent change their mind after relinquishing parental rights in Texas?

In most cases, no. A voluntary relinquishment of parental rights in Texas is irrevocable once properly signed and executed before an authorized individual. There are very limited circumstances under which a relinquishment can be challenged (such as fraud or duress), but these are narrow exceptions. Ensuring the relinquishment is properly executed is one of the most important steps in protecting the permanence of the adoption.

What rights does an adoptive parent have compared to a biological parent?

Once an adoption is finalized, the adoptive parent has every legal right and responsibility of a biological parent, and the child has every legal right of a biological child, including inheritance rights. There is no legal distinction between an adopted child and a biological child under Texas law.

What happens to child support from the biological parent after a stepparent adoption?

When a stepparent adoption is finalized and the biological parent’s rights are terminated, that parent’s child support obligation ends. They are also fully released from any future obligation. Any existing arrears (unpaid support that accrued before the adoption) may still be collectible depending on the circumstances.

Is a home study always required in Texas adoptions?

A home study is required in most Texas adoptions, including independent and relative adoptions. Stepparent adoptions may be exempt from the home study requirement in certain circumstances, though background checks are still required. The court has discretion to waive the home study in stepparent cases when it is satisfied that doing so is in the child’s best interests.

Speak with an Adoption Attorney in El Paso

Whether you’re ready to begin the adoption process or simply have questions about what is involved, our office is here to help. Call Richard Deck, Attorney & Counselor at Law, PLLC, at (915) 532-1122 or contact us via the form below to schedule a consultation today.