Adoption failing in Texas - Any help - I am going crazy

Are you adopting by Texas laws or through Virginia? What does your lawyer say?

Texas. The TPR is irrevocable until May 10, we are going to court this Thursday. I would think Texas has jurisdiction. He can't promise anything because basicially it is up to the judge. Have you heard of any situation like this before?

imn ot understanding what your saying if you meant to write its revocable until May 10 then that means since May 10th has yet to arrive the parents are within there rights to rescind there consent. and yes the baby would have to be returned to the parents immediately

I think what you mean is that the relinquishment becomes irrevocable on May 10. What that also means is that until then it is revocable, i.e. the birthparents can change their mind and take the baby back. Adoption is a very risky for adoptive parents since often potential birthparents change their minds. Sometimes they realize after birth what adoption means for them and they just cannot it. I went through two failed matches until I had my son in my arms. I went through another failed match last October. I had to return the little girl, the potential birthparents wanted her back and there was no choice. In all theses cases, I said to myself that the biological parents are the parents of the child and they have the first right to the child, not I. I did not say it was easy but it was what needed to be done. It is very likely that you will have to return the baby. I am terribly sorry that this is happening to you.

When did was the TPR originally signed? I was under the impression that the laws applied to whatever state the birth parents signed the TPR. From what I see when I looked up the states' laws, Virginia law stipulates that consent may be revoked up to 10 days after signing if the child is a newborn (This was changed about 2 years ago, so maybe a Texas lawyer is not aware of this). In Texas, consent is irrevocable. It seems that unless the TPR was signed within 10 business days before May 10, you've exceeded the requirements in both states. I'm not a lawyer, but I don't think this sounds right. What are your attorneys saying? Good luck!

In Texas, consent is irrevocable once signed. I would consult another attorney (preferably one very knowledgeable in adoption), because it sounds to me like someone's told you wrong information -- the consent should have been final as soon as the ink was dry.

This is a common misconception. In Texas, consent is irrevocable once signed if the documents state that it is. If the documents do not specifically state that they are irrevocable, then they are in fact revocable.A woman who is signing the documents in Texas can specifically request that the documents be revocable, if she knows she has an option. The actual statute reads as follows:How Consent Must Be ExecutedCitation: Fam. Code ǧ 161.103; 161.104An affidavit for voluntary relinquishment of parental rights must be signed by the parent, whether or not a minor, whose parental rights are to be relinquished, witnessed by two credible persons, and verified before a person authorized to take oaths. The affidavit must contain:• The name, address, and age of the parent whose parental rights are being relinquished• The name, age, and birth date of the child• The names the guardians of the child, if any• A statement that the person signing the affidavit is or is not presently obligated to make payments for the support of the child• A description of all property owned by the child• An allegation that termination of the parent-child relationship is in the best interest of the child• The name and address of the other parent or a statement that the parental rights of the other parent have been terminated or that the child has no presumed father• A statement that the parent has been informed of parental rights and duties• A statement that the relinquishment is revocable, irrevocable, or irrevocable for a stated period of time• The designation of a prospective adoptive parent, the department, or a licensed child-placing agency to serve as managing conservator of the childThe affidavit may not contain terms for limited posttermination contact between the child and the parent whose parental rights are to be relinquished as a condition of the relinquishment of parental rights.A man may sign an affidavit disclaiming any interest in a child and waiving notice in any suit filed or to be filed affecting the parent-child relationship. The affidavit shall be signed by the man, whether or not a minor, witnessed by two credible persons, and verified before a person authorized to take oaths.The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child. While each specific situation here may have involved an irrevocable consent – that isn’t always the case in every situation, which is why it’s important to remember that the laws may differ from your personal experience.

We were never told this. Grrrr (yet again) at agency.

Consult the attorneys again, and have the newest laws referenced. Also, look at the orginal paperwork for time and date. I say time because the Bmom of my child sued us for custody after her time elasped. She called several hours after the document became legal and binding. She kept us tied up in court for months and it was very costly both emotionally and financially. If she is within her rights to have the child back there is nothing you can do. Be prepared the courts may make you pay for transportantion of the infant back to her home state (this is yet another slap in the face). If time has elapsed she can take you to court and cost you time and money, but probalby will loose in the end. I know how stressful this is, but the bioparents have the right to change thier minds up to a certain point. Some states have a longer time frame than others.

If you AND your husband have joint custody, you might want to check with a military lawyer. There was a recent ruling that stated custody arrangements could NOT be changed while one party was on active duty. (The intent was to keep divorced couples from changing custody while one parent was stationed in war zone and could not appear in court, but it might work in your favor.)