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During the six month waiting period, can the birth parents revoke consent (change their minds), or is it a waiting period for the state to make sure the parents are fit?
We have been confused because the law reads that the birth parent consent is revocable during the first ten days after consent or it is revocable after the 61st day?
We didn't adopt from TX, but here's my understanding of TX law. They offer 3 revocation timeframes. If the adoption is through an agency, TPR is irrevocable upon signing. If it's a private adoption, it will depend upon what timeframe is written into the TPR affidavit signed by the parents. As I read it, they can either state 10 days or 60 days. If no timeframe is stated, the law defaults to a 10 day revocation period. I have no idea when or why the different timeframes would be used.
As for the 6 month period, I don't think it has anything to do with revocation. As you mentioned, it is more of a time for the agency or state to evaluate the adoptive home to ensure that all is well before the adoption is finalized.
I found this guide to be helpful in summarizing some of the laws: [url]http://www.theadoptionguide.com/files/StateAdoptionLaws.pdf[/url]
Your adoption Atty or agency should always be willing and able to clarify these types of questions for you, too. :)
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I adopted C from Texas. The PP is correct that, if you go through an agency, the consent is irrevocable upon signing. Then it goes to court for the TPR hearing after 30 days; in that time frame bparents can contest if they can prove that they were coerced or unable to understand what they were signing (my understanding is that this is very difficult to do). If bdad is unidentified or does not sign, they have to wait the 31 days specified by law and check the putative father's registry, and then any known or unknown bfather rights can be terminated in court. The 6 month timeframe is the postplacement period, in which you have visits with the social worker to make sure you are all adjusting well, before you can finalize the adoption. In that time, if you are going through an agency, the agency retains conservatorship (legal rights) to the child. After 6 months you go to court for finalization, and the agency's involvement ends at that time.
kind of an addendum: the parent can also sign irrevocable relinquishment at court even if the adoption will be through the state.
our kids' biodad showed up for the trial. his attorney presented him with the relinquishment papers. he signed and left.
mom went to trial and rights were terminated. she had 30 days to file appeal. after that, there was another 60 day period for processing the appeal. since that did not happen, we proceeded to adoption.
the 60 days are for you, your child, and your agency to ensure that things are working. they have nothing to do with birth families.
How soon after the birth is the mother allowed to TPR?
There should be no contact between parents and prospective adopters prior to the birth surely as the parents may then feel a sense of obligation to the prospective adopters which might influence the parents' decision regarding their child?
Which I would have thought means that a parent decides to TPR before seeking an adopter.
LJ6 we adopted from Texas. The waiting period for the birthparents to sign after birth is 48 hours. Ruth74 is correct on all of the other timelines.
It is common in "open adoptions" to meet the birthparents prior to birth. Ours was a closed adoption and we never met the birthparents.
In many cases in adoption today the birthparents pick out the adoptive parents before the child is born.
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