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Hi,
If anyone could give me a summary of what Texas adoption laws are like, that would be great. What I'm wondering is stuff like-
when does the birthmother sign relinquishments?
how long until finalization?
can the birthmother change her mind after signing?
Things like that. Thank you for any help!
Back in 1988 in Texas...
I didn't relinquish until 72 hours after the birth.
It was finalized 6 weeks after relinquishment.
I had the choice to change my mind during the first 6 weeks.
I'm sure it hasn't changed much since then. Hopefully there will be some Texas Parents who can answer your questions in more detail.
Good Luck!!
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The birthmother has to wait at least 48 hrs after birth. If the circumstances are "normal" then you can finalize after 6 months.
If it is not worded in the relinquishment that she can not change her mind, then she can change it before the 11th day after signing.
Citation: Fam. Code ǧ 161.103; 161.106
* The birth mother may consent no sooner than 48 hours after the child's birth.
* A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child.
How Consent Must Be Executed
Citation: Fam. Code 161.103
A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.
Revocation of Consent
Citation: Fam Code ǧ 161.1035; 162.011
* An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
* On the 11th day, consent becomes irrevocable.
* Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.
The Rights of Presumed (Putative) Fathers
To better understand this issue and to view it across States, see the The Rights of Presumed (Putative) Fathers (PDF - 323 KB) publication.
Does State have a Putative Father Registry: Yes
Registry/Paternity Requirements to Receive Notice
Citation: Fam. Code ǧ160.402(a); 160.312
* The putative father may file before the child's birth, but no later than the 31st day after the child's birth.
* Registration requires a completed Bureau of Vital Statistics form, signed and acknowledged by the putative father.
Information Contained in Registry/Claim
Citation:
Not addressed in statutes reviewed
Revocation of Claim to Paternity
Citation: Fam. Code ǧ 160.414
The putative father may at anytime revoke a notice of intent to claim paternity by submitting a written statement which has been signed and notarized.
Access to Information Maintained in Registry
Citation: Fam. Code 160.412
* The birth mother
* A court
* An authorized agency
* A licensed child-placing agency
* A child support enforcement agency
* An attorney involved in the case
* The Registry of another State
Last update on July 22, 9:44 pm by Sachin Gupta.
Of note - if the TPR states that its irrevocable - then it is and the 11 days doesn't apply.
The '48 hours' is the minimum - meaning it can't be signed before 48 hours has been reached - it doesn't mean that at 48 hours the papers must be signed.
When my daughter was born - it was weeks (almost two months) before I signed - all the time, they had M as 'legal risk'.
I wasn't dragging my feet, however, to stop the adoption or because I had second thoughts - I had more important matters I had to deal with and as far as I was concerned, it could (and would) wait until I could make time to do it...I had full support of her parents in making this decision :)
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AZmomof3
Hi,
If anyone could give me a summary of what Texas adoption laws are like, that would be great. What I'm wondering is stuff like-
when does the birthmother sign relinquishments?
how long until finalization?
can the birthmother change her mind after signing?
Things like that. Thank you for any help!
Birthmothers can not complete relinquishment until 48 hours after the birth of the child. They may complete anytime after 48 hours.
The relinquishments can be taken to court to be terminated anytime. Generally the adoption is not finalized with the adoptive parents until 6 months or later.
If the birthmother places her child with a licensed agency there is no grace period to change her mind, the documents are irrevocable. The relinquishment should state "Irrevocable Relinquishment of Parental Rights...." If the birthmother uses the services of an attorney then her relinquishment would be revocable for 10 days.
funny how i didnt remember much of what i signed....its like i blocked it cause of the severe pain of relinquishment......
i remember signing papers with tears running down my cheeks and i could hardly sign .......