family chap 13

Review and Quiz Notification

  • Review scheduled after Thanksgiving break.

  • No class next week; students have the week off.

Post-Adoption Support

  • Definition: Services provided after the final decree of adoption is completed, addressing what happens next for families.

  • Includes support for various types of adoptive families such as same-sex couples, stepparents, and others.

Counseling Requirements

  • Some adoption systems may require counseling for adjustment and trauma.

  • Adoptive families can receive counseling or referrals to aid children in adjusting and managing trauma or attachment issues.

Financial Assistance

  • Additional adoption assistance may include financial support, such as Medicaid for children eligible due to special needs.

  • Coverage may extend to behavioral development needs and healthcare costs, ensuring adoptive parents receive necessary support.

Open Adoptions in Texas

  • Definition: Open adoptions allow birth parents to have visitation rights with adoptive children.

  • Open adoption agreements are post-adoption contracts, but are not legally binding in Texas.

  • Rely on trust and goodwill between birth and adoptive parents; the court does not enforce them.

  • Once parental rights are terminated, birth parents lose legal rights, but adoptive parents may decide on continued contact without legal enforcement.

  • Agencies may offer education and mediation to support healthy relationships in open adoptions.

Sealed Adoption Records

  • All adoption records in Texas are sealed post-finalization.

  • A new birth certificate is issued listing the adoptive parents following the adoption finalization.

Access to Original Birth Certificates

  • Adult adoptees (18+) may request a non-certified copy of the original birth certificate only if they know the birth parents' names.

  • Without this knowledge, a court order is necessary to obtain a copy.

Court Records Confidentiality

  • Sealed court records include adoption files, home studies, and relinquishments.

  • Accessing sealed records requires a court order and justification; public access is not permitted without this.

  • Juvenile files are also sealed, requiring judicial permission to unseal or access.

Medical and Genetic Information Disclosure

  • Adoptive parents and adult adoptees have access to non-identifying medical, social, and genetic history.

  • Essential for adoptive parents to be aware of any medical conditions or hereditary issues to avoid wrongful adoption claims.

Texas Central Adoption Registry

  • A mutual consent registry for adoptees, birth parents, and siblings requiring both parties to agree after counseling for information release.

Stepparents Adoption

  • Most common adoption type in the U.S. occurs when a custodial parent remarries.

  • In many states, home study requirements are waived for stepparent adoptions.

  • Waiting for consent from a non-custodial parent can be waived under certain conditions (e.g., abandonment).

  • Stepparents assume legal responsibilities post-adoption, including child support obligations after divorce.

Parental Rights

  • Adoption typically terminates the parental rights of birth parents, but custodial parents keep their rights, and only rights of the relinquishing parent are terminated.

LGBTQ Adoption in Texas

  • Texas law permits same-sex couples to adopt without discrimination based on sexual orientation.

  • Legal precedent set by Obergefell v. Hodges mandates equal treatment for same-sex married couples in adoption contexts.

Types of Adoptions for LGBTQ Individuals

  • Joint Adoption: Same-sex married couples adopt together.

  • Second Parent Adoption: A spouse adopts the biological or previously adopted child of their partner.

  • Single Parent Adoption: An individual LGBTQ person can adopt without restrictions.

Challenges Faced by LGBTQ Parents

  • Faith-based agency refusals to place children with LGBTQ families.

  • Finding supportive agencies may require seeking LGBTQ-friendly resources.

  • Non-biological parents should complete the second parent adoption to secure legal rights.

Unwed Fathers' Rights

  • Unwed fathers must take legal action to establish paternity and contest an adoption.

  • Two methods: voluntary acknowledgment of paternity and court-ordered paternity suits.

  • Establishing paternity grants the father rights similar to a married father.

Registration for Adoption Notifications

  • Fathers must register to receive notice about adoptions if they might be the biological parent; failure to register can lead to termination of rights without notice.

  • Registration alone does not establish legal paternity, merely preserves the right to notice of adoption proceedings.

Court Perspectives on Unwed Fathers

  • Courts differ on whether unwed fathers who did not know about pregnancies should have adoption rights.

  • This raises issues of responsibility between the father and the law regarding protecting parental rights.

Transracial Adoptions in Texas

  • The Multi-Ethnic Placement Act mandates no discrimination based on race in the adoption process.

  • Earliest possible placement is favored, regardless of racial or ethnic backgrounds of the child and parents.

  • Agencies must strive for a diverse pool of adoptive families.

Wrongful Adoptions in Texas

  • Texas recognizes claims for wrongful adoption, often based on negligence or misrepresentation by adoption agencies.

  • Agencies must provide complete and accurate background information regarding the child’s history.

Legal Definitions and Requirements

  • Wrongful adoption lawsuits arise when agencies deceive or withhold crucial information from adoptive parents.

  • Adoptive parents may claim emotional distress and unexpected financial burdens as damages.

Case Example
  • A case involved adoptive parents suing for wrongful adoption after not being informed of a birth mother’s mental health issues.

  • The court ruled in favor of the agency, emphasizing foreseeability and environmental factors in mental health considerations.

Conclusion of Chapter 13

  • Recap of significant issues and cases discussed in relation to adoption processes and rights within Texas.