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1 Feb 2011

General Information about Adoption of a Child in Texas
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Adopting a child requires the completion of very specific legal steps. Long ago, people “adopted” children informally but that is not the case anymore. There are many laws and regulations relating to adoption, and more laws are coming into effect every year for both domestic and international adoption.

The laws are necessary in order to keep children safe, and to standardize procedures and governmental record keeping.

The legal steps taken in an adoption vary, depending on whether or not the adoption is domestic or foreign, within the state of Texas or interstate, agency or non-agency, and whether it is an adoption by a stepparent, foster parent, grandparent, other relatives, or by non-relatives.
Although there are many variables, here are some basics to adoption procedure in Texas.
1. The child must be available for adoption. The legal rights of any living or legal parent must be terminated by court order.
2. Everyone who has the legal right to be notified about the procedure must be notified. This includes biological parents, guardians, a legal father (who can be a non-biological father married to the mother during pregnancy/birth) and any involved agencies. If a party’s whereabouts are unknown, there are certain methods that can be used to give “legal notice”, even if it isn’t “actual notice”.
3. The adoptive parent or parents must pass certain screening in order to adopt. In most situations, this involves a home study. The adoptive parent(s) will need to be capable of financially and emotionally supporting the child. The adoptive parent(s) background will be examined, especially to discover if there are crimes relating to injury or child endangerment, or crimes involving moral turpitude.
4. There must be a petition filed in a court and a judge must approve and sign a final decree.
5. Notification of the legal adoption and name change (when appropriate) will occur. After the final hearing, the adoption will be registered in Austin, and a new birth certificate will be issued. The new parents will notify social security. In some cases, paperwork will be filed with U.S. Immigration or the Department of State and official documents such as “green cards” or passports will need to be reissued.
These steps can take a while to complete, even when all parties are in agreement and the adoption is a “simple” one. In order to gain immigration benefits from U.S. citizen parents, children must usually be adopted prior to age 16 (there is one exception when adopting siblings).
If you are planning to adopt a child and have any deadlines (for instance moving to another state or country, travel outside the U.S., immigration deadlines) be sure to allow plenty of time for planning and completion by having an early legal consult with an adoption attorney who is familiar with your type of case.

Kalish Law Office has been serving clients in the areas of adoption for over 26 years. www.kalishlawtexas.com 281-363-3700
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27 Jan 2011

Basic Facts About Adult Adoption in Texas
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Adoption of an adult can be a fairly straightforward process.   The adoptee’s biological parents do not need to be notified of the adoption and are not entitled to have a voice in the proceedings.

There are many reasons to proceed with a formal adoption, even after the “child” reaches adulthood. The most common situation is one in which a stepparent has wanted to adopt the child but has not been able to get the approval of the biological parent. At the time the stepchild turns 18, the papers for stepparent adoption can be filed without notice to the biological parent.

Waiting until a child turns 18 for adoption works quite well in cases where the biological parent has a lifestyle that is unhealthy for the child.   When a biological parent is unstable or violent, it is often unadvisable to contact the biological parent because it may encourage him/her to try to reenter the child’s life, bringing the chaos and danger along for the ride. Waiting a few extra years can turn a nail-biting situation into a positive and happy one, and decrease the risk of drama or danger.

Some adult adoptees may be well beyond their 18^th birthday at the time of the adoption. Some of these situations involve stepfamilies, others involve “just like family” groups who want to make their relationship a formal and legal one.   These adoptions are done for emotional reasons, and the reward is well worth it.

Adoption creates the parent-child relationship under the law. As a practical matter, this affects the parties’ abilities to inherit to and from each other. It also affects next-of-kin issues in health care decision making.   Of course, there are other ways to accomplish inheritance goals and grant powers of attorney through proper estate planning but adult adoption will accomplish some of these goals plus satisfy the emotional need for people to be legally connected forever.

A name change may or may not be part of an adult adoption, but if it is desired, it can be accomplished at the same time.

An adult adoption will not be granted by a judge if it appears that it is being sought to defraud creditors or avoid responsibilities under the law. It may not be granted if the judge believes that someone is being taken advantage of (the judge will look closely at cases in which one of the parties is or may be disabled, elderly, or under duress).   An adult adoption will not grant benefits under U.S. immigration law.

In order to complete the adoption, a petition will need to be filed in family court and there will be a hearing.

If you considering adopting an adult or you are an adult who is thinking of consenting to being adopted, you should carefully consider how every aspect of your life will be affected, how the family will be affected, and be certain that you understand all of the legalities and steps involved in the process.

The Kalish Law Office has been helping families for over 26 years with adult adoptions, child adoptions, family law and estate planning.   www.kalishlawtexas.com 281-363-3700
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25 Jan 2011

What You Want to Know About Termination of Parental Rights in Texas
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Certain legal conditions must be met before parental rights are terminated by court order.

There are two types of termination; voluntary and involuntary.

A voluntary termination of parental rights occurs when the parent whose rights are being terminated agrees with the termination, cooperates, and signs the proper paperwork and/or appears in court and testifies that s/he is voluntarily giving up rights.

An involuntary termination occurs when the parent whose rights are being terminated is not in agreement with the termination. This can occur when the parent actively opposes the termination, stands by passively and allows it to happen, is absent with whereabouts unknown, or refuses to respond to the suit.

Even if an absent parent cannot be found to be served with a lawsuit terminating rights, there are certain legal steps that can be taken to give “legal notice” without “actual notice”. Translating from “Legalese” to “English”, this means that just because a person is missing or hiding, the termination may still go on. If the termination is in the best interests of the child the judge can make that decision.

Specific legal steps must be taken to locate a missing party. There will also be an attorney appointed to represent the interests of the missing parent.

Termination is not a given. A judge can refuse to terminate parental rights if the judge believes that it is not in the best interests of the child to do so. This can happen even if both parents are in total agreement about the termination.

Here are three common situations involving termination of parental rights:
1. Adoption. In order for a child to be adopted, he or she must be available for adoption and (except in an orphan situation) that will involve terminating the parental rights of one or both biological parents. Step parent adoptions will commonly require the termination of rights of one biological parent.
2. Abuse, Neglect or Danger. Parental rights can be terminated for abuse or neglect or to prevent harm to the child. Child Protective Services may be involved in these cases.
3. Non support, no contact, abandonment, lack of acknowledgment. In some circumstances a parent can lose his/her rights by not supporting, visiting or acknowledging the child.
Parental rights are protected by law, and the terminations of those rights are not taken lightly. Many legal steps must be performed in order for a termination to be granted. The primary consideration is the health, safety, support and well-being of the child involved.

Kalish Law Office in The Woodlands Texas has been representing clients in cases involving termination, adoption, paternity, and parental rights for over 26 years. www.kalishlawtexas.com 281-363-3700 “Passionate Professional and Personal. We Make the Difference.”
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11 Aug 2010

Stepparent Adoption: Kalish Law Office Blog, Texas
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There are many things to consider in determining whether or not to proceed with a stepparent adoption.

Of course, the most important issue is the best interest of the child. This is the basis for the final decision of the court.

Stepparent adoptions usually have fewer “steps” legally than other adoptions. This is because, in most cases, one of the child’s “current” parents is joining in the lawsuit and approving of it. The child will usually not be changing his/her situation. The typical stepparent adoption is just recognizing what is already happening anyway, which is the “parenting” of the child by one biological parent and one stepparent who live in the same home with the child.

Occasionally, there are stepparent adoptions that don’t fit the normal pattern. The most common one is a situation in which the sole bio parent (or sole bio parent who was involved in the child’s life) dies. The surviving stepparent (or even former stepparent who was divorced from one of the biological parents) may seek to adopt the child.

When a biological parent’s rights are terminated, there may be past-due child support owed. If the Child Support Division of the Attorney General Office was ever involved, or if the child has received welfare benefits, the government may try to recover some or all of the money that was paid on behalf of the child. Therefore, the remaining biological parent may not have the authority to promise that s/he will waive the past-due child support if only the other biological parent will agree to the adoption.

However, there are some situations in which the back child support can be “forgiven”. A judge will not usually grant this without inquiring into the family’s financial situation in order to determine if the child’s present and future needs can be met adequately without collecting this past due support.

If the biological parent cannot be found, the court will appoint an attorney ad litem to represent the absent parent in the termination/adoption lawsuit. There are certain legal steps that must be taken in order to assure that the absent parent’s rights are protected, allowing the adoption to proceed without him/her.
In the case of the absent biological parent it is also important to decide whether or not filing the termination/adoption suit may bring about an unwelcome reestablishment of the relationship with the child. This is particularly important in cases in which the absent parent engages in substance abuse, other irresponsible behavior, or is downright dangerous. In those cases, it may be best not to start proceedings at all, rather than alert the dangerous parent about where the child is currently located and risk visitation being sought. In cases where it is “best to leave well enough alone” we often file for an adult adoption of the child by his/her stepparent on the child’s 18^th birthday. At that point, the adoption can proceed with no notice or involvement by the absent bio parent. Then there will be formal recognition of who the child’s “real parent” has been!

The adoption attorneys at Kalish Law Office have been representing clients in stepparent adoptions for over 26 years.
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