Texas LGBTQ+ Adoption Attorneys
If you and your spouse desire a complete family, we can help you through the whole process of bringing your dream child home and in your arms. From the adoption process to seeking court approval for a legal relationship, we understand that it takes some doing. Like all the laws guarding individual states and their differences, the same applies to the concept of adoption, including the great state of Texas. Texas LGBTQ+ adoption attorneys can help guide you through the process and ensure that your dreams of a child become fulfilled.
Same-sex couple adoptions happen in Texas, and that can be your reality too. However, it is highly crucial that you and your partner follow all the procedures to adopt a child jointly. For instance, should one of the partners be a non-biological parent, procedures have to be followed to protect the rights of such a parent.
We have prepared this article to help you come to terms with all it takes to adopt a child. Every burning question you have and the rationale behind each answer will be made plain. To speak directly with our adoption attorneys, call Eddington & Worley today at 855-949-0056 and discuss your adoption case with our experts. The consultation is risk-free and it will allow you to have an in-depth discussion with an experienced attorney about the specific circumstances of your adoption.
What Does Second-Parent Adoption Mean?
This is another name for adoption by same-sex couples and is an option in Texas. As mentioned, it’s now perfectly legal for same-sex couples to marry in Texas, but for adoption purposes, the legal rights of the non-biological parent have to be protected.
We possess the practical intelligence and competency to help your bid for joint adoption or the adoption of either of your child(ren). For us, the process is one we’re accustomed to, even if it involves a child from another country that has to be registered through the foreign adoption process.
Why is Legal Adoption Important?
Legal adoption is important to the extent that it grants you equal rights and responsibilities to the child as biological parents would have. Further, it protects both parents’ connection to the child, and likewise, the child’s relationship to you.
My Spouse and I are Married. Do We Still Have to Go Through the Adoption Process?
Yes. Being married doesn’t stop the process because the parental rights of the non-biological parent won’t be protected without it.
Is Same-Sex Adoption Legal in the State of Texas?
Yes. Same-sex partners can adopt in Texas. However, since there is no definitive law regarding second-parent adoption, some judges won’t allow it. To that end, a consultation with an attorney seasoned in the subject of adoption by same-sex couples should form part of your priority.
How Long Will the Adoption Process Last?
This will largely depend on your circumstance(s). However, expect it to take a few months to sort out the whole adoption process.
Do I have to Perform a Background Check?
Yes. Both parents, biological or otherwise, have to go through and pass the FBI’s background check.
What Is A Home Study? Who Does The Home Study?
This is one of the measures taken by the state of Texas, where prospective parents are required by law to take part in a process called “pre-adoptive home screening.” The aim of this process to learn more about the applicants.
This helps the authorities form an opinion on the couples’ fitness and readiness for adoption. Prospective parents are evaluated along with their family history, financial situation, health, and home surroundings.
The home visit process is part of the study and helps the evaluators develop a report on their findings. This report includes a recommendation stating whether the study participant(s) are fit to adopt.
How Much Does It Cost?
Costs associated with same-sex adoption varies according to your circumstance(s). If you’re interested in adopting and would like to learn more about the process, including the costs involved, reach out to us to have a consultation scheduled.
Are Tax Credits Available For Expenses On Adoption?
Yes. Obtaining an adoption credit for expenses is a possibility and usually includes attorney fees and court costs in place of the adoption.
Why Is It Important to Register an Adoption from another Country with the State?
When you register the adoption with the state, your child becomes entitled to state-issued documentation, including a birth certificate from Texas. Registering your child will make life much easier with different circumstances needing documentation, such as a driver’s license or medical insurance.
What Location Requirements Do We Need to Meet?
Unlike many other legal matters, including divorces or name changes handled in your resident county, the location for adoption is rather flexible. It can take place at the child’s birth location, the adoption agency’s base, the location of the adoptive parents, and just about any other place or venue both parties agree to.
Should We Start the Adoption Process before the Child’s Delivery?
Many prospective parents opt to start the adoption process long before the child’s delivery. This helps them finish as many significant parts of the process as they can before the job of bringing-up a newborn takes over their lives. Our office is at your service any time after the second trimester of pregnancy, and you can schedule an appointment.
How to Choose an Ideal Sperm Donor?
It’s your choice and personal decision to ask a friend to donate or to make use of an anonymous donor from a sperm bank.
It’s not uncommon for female couples to have a strong desire to know the donor, while others don’t give it much thought. For expenses, using a sperm bank might prove expensive at first, but legal fees will be quite low since the known donor’s rights won’t require termination.
It is our advice and opinion, though, that you ignore sperm donors that appear online.
Is Surrogacy An Option?
With same-sex marriage being legal, surrogacy agreements have names of the male partners outlined as ‘intended parents,’ making adoption unnecessary.
Is Private Adoption Through an Agency a Good Idea?
We have clients who sometimes find a child with the help of an adoption agency. In such circumstance, the agency may decide to handle the termination rights of the birth parents, while our office deals with the adoption concerning both same-sex adoptive parents.
What Differentiates Adoption from Joint Custody?
You’ll come across Texas LGBTQ+ adoption attorneys that advise same-gender parents to go for joint custody. It’s usually called Joint Managing Conservatorship in Texas.
This is most frequent when an attorney practices the legal profession in a county where judges are opposed to such adoptions. It could also be that such attorney is rather unfamiliar with second-parent adoptions.
The fact is this: while joint custody may provide both parents with a legal connection to the child, it doesn’t provide the kind of legal cover that adoptive parents are entitled to.
A second parent in joint custody is thus, a custodian, not a legal parent – and as such, do not have the same rights as legal parents do. Also, the rights they have as custodians can be altered.
Are Adoptions Allowed In Other States?
Laws are different in each state, and the law concerning second parent adoptions differ for each state.
However, the law is unequivocal that a court order obtained from one state is allowed ‘full faith and credit’ by the courts in other states of the country. The US Supreme Court confirmed this principle in 2016 after giving an opinion on second-parent adoption.
Can The Child’s Name Be Changed during the Adoption Process?
At delivery, the child can be given a name for that moment, even if it has nothing to do with the birth mother’s last name.
The child’s name can be altered or changed altogether as a significant part of the adoption process. This can happen, especially if parents want a uniform last name for the whole family.
Our Texas LGBTQ+ adoption attorneys can assist you with ideal instructions to help you handle this process yourselves, without needing an attorney’s presence.
Areas We Serve
We understand that there are challenges for anyone or people wanting to adopt a child. That’s why we provide more than experienced hands and heads to help you out.
Further, many legal issues may arise that need to be addressed. That’s why in Texas, we ably provide help and legal advice to different towns and counties.
It’s our forte to advise you on your rights and all the procedures same-sex couples must go through for an adoption process to sail through. Whether you’re doing it together or adopting your spouse’s biological child, we’ll cover all the basics.
Some of the places we serve include:
Reach Our Texas LGBT Adoption Attorneys Today For a Scheduled Free Consultation
Our firm consists of dedicated Texas LGBTQ+ adoption attorneys who derive a sense of career-fulfillment from offering you the best legal services for LGBT adoption. Whether it’s formally adopting your step-child or seeking parental rights over a child that’s not your biological relation, our firm can be of massive assistance.
Having a skilled attorney is not just an advantage; it’s a necessity to make sure every process is free from potential loopholes and pitfalls. This ensures your interests and more importantly, your legal rights, are protected at all times. We are a PRO-LGBTQ+ firm. We appreciate and foster the needs and rights of every one of our clients to live their dreams.
If you and your partner are seeking to adopt a child in Texas, call Eddington & Worley today for a risk-free consultation. Our experts can answer all of your questions while also helping guide you through the struggles of the adoption process. LGBTQ+ discrimination commonly occurs in the adoption process; don’t let it happen to you, contact our firm today to ensure you receive the equal rights you deserve.