Jackson, Landrith & Kulesz

Adoption

Adoption and Termination

The adoption process in Texas is very complex and understandably raises a lot of questions. When you are thinking of adopting, it is important to put a lawyer in your corner who fully understands the termination of parental rights and other laws surrounding the process.

For a consultation regarding your adoption questions, reach out to Jackson, Landrith & Kulesz, PC, by calling (817) 587-6452 or contact us online.

Answers to Your Adoption and Termination of Parental Rights Questions

How soon after a child is born in an adoption matter can the biological parents’ rights be terminated?

An affidavit of relinquishment of parental rights must be signed after birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose parental rights are to be relinquished.

Can the petition for termination be filed before the child’s birth?

Yes, a suit for termination may be filed before the birth of the child. If the petition in a suit for termination is filed before the birth of the child, the court may not conduct a hearing in the suit nor render an order other than a temporary order until the child is at least five days old.

Can an affidavit of relinquishment be revoked?

An affidavit of relinquishment of parental rights or affidavit of waiver of interest in a child that fails to state that the relinquishment or waiver is irrevocable for a stated time is:

Revocable only if the revocation is made before the 11th day after the date the affidavit is executed
Irrevocable on or after the 11th day after the date the affidavit is executed

At any time before an order granting the adoption of the child is rendered, a consent required by Section 162.010 may be revoked by filing a signed revocation.

Who can bring standing to request termination and adoption?

An original suit requesting only an adoption or for termination of the parent-child relationship joined with a petition for adoption may be filed by:

A stepparent of the child
An adult who, as the result of a placement for adoption, has had actual possession and control of the child at any time during the 30-day period preceding the filing of the petition
An adult who has had actual possession and control of the child for not less than two months during the three-month period preceding the filing of the petition
Another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so

What are the grounds for termination?

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:

That a parent has:

Voluntarily left the child(ren) alone or in the possession of another who is not the parent and expressed an intent not to return
Voluntarily left the child(ren) alone or in the possession of another who is not the parent without expressing an intent to return, without providing for the adequate support of the child(ren) and remained away for a period of at least three months
Voluntarily left the child(ren) alone or in the possession of another without providing adequate support of the child(ren) and remained away for a period of at least six months
Knowingly placed or knowingly allowed the child(ren) to remain in conditions or surroundings that endanger the physical or emotional well-being of the child(ren)
Engaged in conduct or knowingly placed the child(ren) with persons who engaged in conduct that endangers the physical or emotional well-being of the child(ren)
Failed to support the child(ren) in accordance with [his/her] ability during a period of one year ending within six months of the date of the filing of this petition
Abandoned the child(ren) without identifying the child(ren) or furnishing means of identification, and the child(ren)’s identity cannot be ascertained by the exercise of reasonable diligence
Voluntarily, and with knowledge of the pregnancy, abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth
Contumaciously refused to submit to a reasonable and lawful order of a court
Been the major cause of the failure of the child(ren) to be enrolled in school as required by the Texas Education Code
Been the major cause of the child(ren)’s absence from the home without the consent of the parents or guardian for a substantial length of time or without the intent to return
Executed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided for by chapter 161 of the Texas Family Code (this affidavit of relinquishment is attached to this petition)
Been convicted or placed on community supervision (including deferred adjudication community supervision) for being criminally responsible for the death or serious injury of a child under the Texas Penal Code
Been adjudicated under title 3 of the Texas Family Code for conduct that caused the death or serious injury of a child and that would constitute a violation of the Texas Penal Code
Had [his/her] division (1) of section 161.001 of the Texas Family Code or substantially equivalent provisions of the law of another state
Constructively abandoned the child(ren) who [has/have] been in the permanent or temporary managing conservatorship of the Department of Protective and Regulatory Services or an authorized agency for not less than six months, and the department or agency has made reasonable efforts to return the child(ren) to [him/her], [he/she] has not regularly visited or maintained significant contact with the child(ren), and [he/she] has demonstrated an inability to provide the child(ren) with a safe environment
Failed to comply with the provisions of a court order that specifically established the actions necessary for [him/her] to obtain the return of the child(ren), who [has/have] been in the permanent or temporary managing conservatorship of the Department of Protective and Regulatory Services for not less than nine months as a result of the child(ren)’s removal from [him/her] under chapter 262 of the Texas Family Code for abuse or neglect of the child(ren)
Used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the child(ren) and failed to complete a court-ordered substance abuse treatment program
Used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health and safety of the child(ren) and, after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance
Knowingly engaged in criminal conduct that has resulted in [his/her] conviction of an offense and confinement or imprisonment and inability to care for the child(ren) for not less than two years from the date this petition is filed
Been the cause of the child(ren) being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 261.001 of the Texas Family Code
Voluntarily delivered the child to a designated emergency infant care provider under Section 262.302 without expressing an intent to return for the child; and that termination is in the best interest of the child.

Continue Reading Read Less

Take the First Step Toward Resolution

Contact Us Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Jackson, Landrith & Kulesz at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Why Clients Choose Us

The Right Legal Team Makes All the Difference

Client-Focused and Responsive Representation

At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
Experienced Legal Advocacy Across Multiple Practice Areas
With 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
A Dedicated Team Ready to Fight for You
When legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
A Proven Track Record of Success

Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.

Adoption-Specific Questions and Answers

When can the adoption take place?

The court may not grant an adoption until the child has resided with the petitioner for not less than six months.
On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.

How long do the biological parents have to contest the adoption?

The validity of an adoption order is not subject to attack after six months after the date the order was signed
The validity of a final adoption order is not subject to attack because a health, social, educational and genetic history was not filed

What is the retainer fee required for a termination and adoption?

A minimum retainer of $3,000 for a stepparent family adoption is required before a suit is filed and $3,000 for a private adoption is required before a suit is filed.

Need More Answers?

Call our lawyers at (817) 587-6452 to schedule a consultation where we can guide you through the entire adoption process.

Continue Reading Read Less

Let’s Discuss Your Case

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Jackson, Landrith & Kulesz at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Real Clients. Real Results.

See how We’ve Helped Clients Navigate Their Legal Challenges

At Jackson, Landrith & Kulesz, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"Professional, courteous & respectful."
Everything was expedited in a very timely manner. Ms. Brown has been a great communicator and her instructions have been clear and helpful. I have appreciated their help and counsel throughout a difficult time.

- Former Client
"My family will never hire a different attorney."
My family has personally used Brooke 3 times! Each time she listened to us and made sure we understood the whole process. She fought for the things that I was entitled to but also brought me down to earth when things were not possible.

- Former Client
"Straightforward, genuine, and will fight to get what is right."
Even with all of her clients, she makes sure to give our situation every bit of attention when it’s our time. I know I can call or email with questions anytime and get an answer quickly!

- Former Client
"A top notch attorney."
When I met Brooke, she assured me that she would untangle all the complexities, and she did just that and more. She listened to me. I was able to get everything that I requested. I highly recommend Brooke.

- Former Client
"I fully recommend Brent for divorce cases."
Brent was very instrumental in my case and was particularly good at listening to my needs. Divorce is a very sensitive matter and requires someone that understands this and works hard toward a quick resolution. I fully recommend Brent for divorce cases.

- Christian
"David is AMAZING & is one of the most competent family law Attorney EVER!"
He honestly cares about the needs of his client and what’s in the best interest of the kids. I feel so blessed. I am a single father and have custody of my children, thank you David Kulesz for believing that men can be great single parents too.

- Tony
"One of the most brilliant, and caring lawyers."
After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

- Patty G.
"He always listened to everything I had to say and was very calming in stressful situations."
David was recommended by a family friend and I’m very thankful I chose him for my attorney in my divorce case. He always listened to everything I had to say and was very calming in stressful situations. If I ever need another lawyer there is no one else I would ever consider to represent me and my children.

- Former Client

View All Reviews