How Do You Complete a Second-Parent Adoption in San Antonio, Texas?
For a long time, it was almost impossible for LGBT couples to adopt a child in Texas. Adoption agencies could deny a couple’s application based on the fact that they weren’t married. Now that same-sex marriage has been legal in Texas for a couple of years, more LGBT couples are looking to adopt a child and start their families.
LGBT couples have the same options as straight people when it comes to adopting a child in Texas. Your San Antonio LGBT adoption lawyer is familiar with all of these choices. The options available to you include the following:
- Adopt a child
- Use a surrogate
- Have in-vitro fertilization
- Adopt a child that one partner already has
The issues that LGBT couples face when it comes to adopted children is what to do in the event of divorce. If only one parent has legally adopted your children, you will run into problems if you get divorced. Your LGBT adoption attorney understands this. That is why they would highly recommend that you complete a second-adoption.
LGBT attorneys in San Antonio can help you prepare for a second-adoption.
What is a Second-Parent Adoption?
For most LGBT couples, it is easier and a more viable option for just one of them to adopt a child. It is sometimes easier for a single person to complete an adoption than it is for an LGBT couple.
This is why you may choose to have your partner complete the adoption. But, if this is the case, you need to protect yourself. You don’t want to raise your children only to find out you have no rights if you get divorced. You won’t be able to get custody of your children. And, you won’t even have a say in their health care or education.
One solution is to complete a second-adoption. After your partner has been approved for their adoption, your LGBT adoption lawyer in San Antonio can help you petition to do a second-adoption. This process will allow both you and your partner to be legal parents of your children.
Second-adoptions are also a great solution for LGBT couples who adopted their children prior to 2017. Since the court wouldn’t allow an unmarried couple to adopt a child together, many LGBT couples who weren’t married will have problems raising their children together. A second-adoption will allow these couples, who are now married, to both be legal parents of their children.
Your LGBT Adoption Attorney in San Antonio Understand the Process for Second-Parent Adoptions
Second-parent adoptions allow LGBT parents to both become legal parents to their children. And, it allows the children to have two (2) legally adoptive parents. In order to complete this process, you must go through the same channels as a regular adoption.
The process for a second-parent adoption in Texas is as follows:
- First, you must file a petition for adoption.
- Next, you have to find a way to terminate any existing parental rights. You need to make sure both of the child’s biological parents agree to the adoption. If they don’t, you’ll have to petition the court to terminate their parental rights. This can be quite difficult. However, since your partner will consent to the adoption, you’ll really only have to worry about one biological parent.
- You will have to get background checks and fingerprinting done.
- You’ll have to take part in a detailed home study. Since your partner is already your child’s legal parent, they will be familiar with this process.
- Attend the adoption hearing. Your LGBT adoption lawyer in San Antonio will attend this hearing with you.
- Finalize the adoption – To finalize the adoption, you’ll have to show the following:
- Clean criminal background
- Fingerprints came back with no issues
- Prove that the child has lived with you for at least 6 months
- Show consent of any children over 12
- Proof that you have been married to their parent for at least 1 year
If you prove this information, the court will likely finalize your adoption.
Contact a LGBT Adoption Attorney in San Antonio, Texas
If you and your partner are looking to complete a second-adoption in Texas, you should call an experienced LGBT adoption attorney in San Antonio. Whether you’re looking to adopt a child together or one that you already have, you’ll need to file an adoption petition.
Call Eddington & Worley and schedule your initial consultation today. Get the peace of mind that you and your family deserve.
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