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.