[tbrown0428]

HI! We are currently waiting with our China Adoption and my mother called me today stating someone she knows, knows a girl in her 20's that is healthy and going to give birth to a girl in a week and does not want to keep the baby! She said that CPS has been drug testing and watching her (she also gave up a baby a few years ago so that is why they are watching her???), and the girl wants to find a home for the baby in a week! We JUMPED at this chance and we have NO idea where to start. We guess we have to find an adoption attorney here in Texas (She is also in Texas) and have NO idea how much this will run us. I hate to talk about money but we have already paid about $15,000 in our China Adoption fees and just want to make sure we have enough in our savings to cover any attorney fees. My question is can we have all the necessry paperwork completed in the week until she delivers? She is worried the state will take custody of the baby once she delivers if a family is not located. We are beyond thrilled but scared that we do not have enough time to get all our paperwork together. We have a homestudy for our China adoption but it is a year old.....we also have all the clearances and fingerprinting/background checks but they are also over a year old and are not sure if we need to get those renewed and know that this cannot possibly be done in 7 days. I am scared, HELP, any advice is so greatly appreciated!!!

[BrandyHagz]

Just an FYI - if she placed before, not involving CPS...then that is no reason for CPS to be involved with her now.

She has to have a history of CPS involvement for her to be involved with them now...it would be in your best interest to find out what and why that is. If they are drug testing her, then I would bet that she is involved with CPS because the previous child was born addicted and/or exposed to drugs.

As for the process...Texas is S-L-O-W. You can find an attorney now, make sure you have all your ducks in a row...but Texas isn't going to finalize the adoption for at least a year. Once they do that, you'll need to update your China Homestudy...

Consider that China requires a year between kids...you need to make sure that you've got enough time...and that placement time counts...not just time from finalization.

Visit Adoption Directory - Local Services Professional Agency Attorney Facilitator Adopt for a list of adoption attorneys and other professionals in Texas.

[tbrown0428]

Thanks so much!! I am waiting on my mother to fill me in on what she knows about the mother so a lawyer can get the ball rolling. My DH believes he can use his Legal Ease thorugh his employer paid benefits for the adoption but I wonder if they really are experienced with adoption...we will see. I will keep everyone posted!

[BrandyHagz]

Double check to make sure any attorney you use is a qualified adoption attorney - not just family law.

It is possible that your husbands legal plan can help - many attorneys do accept that...we used a QuadA attorney for a portion of my son's step parent adoption (early on, we didn't end up completing the process thru this attorney) and we used the legal plan my husbands employer offered to help with the costs there.

[KyliesMommy]

I just pm'd you

[KyliesMommy]

PM'd you additional info

[tbrown0428]

Thank you so much for your encouragement. As an update my mother is desperately trying to now track down the young mother to let her know we would love to start the process immediately and we are waiting her response that it is a go. My fear is that she may have given birth in the last day or 2 and that is why she cannot be immediately located. My DH talked to one attorney in our small Texas town who did not sound too optimistic about our situation and was saying things like he could draw up the paperwork stating the mother has anywhere from 3 months or 10 days to change her mind and I was SHOCKED! I thought the birthmother has 2 days until he signs over the paperwork and then we retain legal guardianship until a 6 month period and then we legally adopt the infant but this is just what I have read/heard.

I will keep everyone posted and in the meantime I have calls into other attorneys who specialize in adoptions in Houston so possibly they will be more inclined to take our case since I am certain they have more experience. :

[BrandyHagz]

Here's some info on the laws in Texas regarding the signing of rights and the rights of the father:

Texas
Adoption
Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Fam. Code § 162.010
Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency.
If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption, and further consent of that parent is not required.

Age When Consent of Adoptee is Considered or Required
Citation: Fam. Code § 162.010
A child who is age 12 or older must consent, unless the court finds it in the child's best interest to waive consent.

When Parental Consent is not Needed
Citation: Fam. Code §§ 161.003 through 161.007; 162.010
Consent of the parent is not required when:

The parent is unable to care for the child due to mental illness.
The parent has voluntarily terminated parental rights.
The parent has no right of consent after an abortion where the child survives.
A person is convicted of a crime resulting in the birth of a child.
The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.
The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause.

When Consent Can Be Executed
Citation: Fam. Code §§ 161.103; 161.106
An affidavit for voluntary relinquishment of parental rights must be signed after the 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.

A man may sign an affidavit disclaiming any interest in a child before the birth of the child.

How Consent Must Be Executed
Citation: Fam. Code §§ 161.103; 161.104
An 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 child
The 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.

Revocation of Consent
Citation: Fam Code §§ 161.1035; 162.011; 161.103; 161.106
At any time before an order granting the adoption of the child is rendered, a consent required by § 162.010 may be revoked by filing a signed revocation.

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
The relinquishment or waiver of interest in an affidavit that designates the Department of Protective and Regulatory Services or a licensed child-placing agency to serve as the managing conservator is irrevocable. A relinquishment in any other affidavit of relinquishment is revocable unless it expressly provides that it is irrevocable for a stated period of time not to exceed 60 days after the date of its execution.



(Back to Top)

Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Family Code §§ 160.102; 160.204

''Adjudicated father'' means a man who has been adjudicated by a court to be the father of a child.
''Presumed father'' means a man who, by operation of law under § 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

A man is presumed to be the father of a child if:

He is married to the mother of the child and the child is born during the marriage.
He is married to the child's mother and the child is born before the 301st day after the date the marriage is terminated.
He married the child's mother before the birth of the child even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated.
He married the child's mother after the birth of the child, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
The assertion is in a record filed with the Bureau of Vital Statistics.
He is voluntarily named as the child's father on the child's birth certificate.
He promised in a record to support the child as his own.
During the first 2 years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.


Putative father registry
Family Code §§ 160.401; 160.402

A registry of paternity is established in the Bureau of Vital Statistics.
A man who desires to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child that he may have fathered may register with the registry of paternity:

Before the birth of the child
Not later than the 31st day after the date of the birth of the child


Alternate means to establish paternity
Family Code §§ 160.301; 160.302; 160.402; 160.601

The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man's paternity. An acknowledgment of paternity must:
Be in a record
Be signed, or otherwise authenticated by the mother and the man seeking to establish paternity
State that the child whose paternity is being acknowledged:
Does not have a presumed father or has a presumed father whose full name is stated
Does not have another acknowledged or adjudicated father
State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing
State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 4 years
A man is entitled to notice of a proceeding regardless of whether he registers with the registry of paternity if:

A father-child relationship between the man and the child has been established under this chapter or another law.
The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
The parentage of a child may be adjudicated in a civil proceeding.

Required Information
Family Code §§ 160.411; 160.402

The Bureau of Vital Statistics shall adopt a form for registering with the registry. The form must require the signature of the registrant. The form must state that:

The form is signed under penalty of perjury.
A timely registration entitles the registrant to notice of a proceeding for adoption of the child or for termination of the registrant's parental rights.
A timely registration does not commence a proceeding to establish paternity.
The information disclosed on the form may be used against the registrant to establish paternity.
Services to assist in establishing paternity are available to the registrant through the support enforcement agency.
The registrant should also register in another State if the conception or birth of the child occurred in the other State.
Information on registries in other States is available from the bureau.
Procedures exist to rescind the registration of a claim of paternity.
A registrant shall promptly notify the registry of any change in the information provided by the registrant. The Bureau of Vital Statistics shall incorporate all new information received into its records but is not required to affirmatively seek to obtain current information for incorporation in the registry.

Revocation of claim to paternity
Family Code §§ 160.414; 160.307; 160.308; 160.414

A signatory may rescind an acknowledgment of paternity by commencing a proceeding to rescind before the earlier of:

60 days after the effective date of the acknowledgment
The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support
After the period for rescission has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment is filed. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

A registrant [in the putative fathers' registry] may rescind his registration at any time by sending to the registry a rescission in a record or another manner authenticated by him and witnessed or notarized.

Access to information
Family Code § 160.412

The Bureau of Vital Statistics is not required to attempt to locate the mother of a child who is the subject of a registration. The bureau shall send a copy of the notice of the registration to a mother who has provided an address.

Information contained in the registry is confidential and may be released on request only to:

A court or a person designated by the court
The mother of the child who is the subject of the registration
An agency authorized by law to receive the information
A licensed child-placing agency
A support enforcement agency
A party, or the party's attorney of record, to a proceeding under this chapter or a proceeding to adopt or to terminate parental rights regarding a child who is the subject of the registration
The registry of paternity in another State

[BrandyHagz]

Basically, the 2 days you're talking about are the time in which she has to 'wait' until she can legally sign her rights away.

So, she gives birth, then 48 hours later, it is legal for her to TPR - but that doesn't mean she has to do it at the 48 hour mark...just that she can't do it UNTIL the 48 hour mark.

What the law says about revocation seems to be (and its changed in the 12 years, since I placed) that the mother has 10 days to revoke, unless the documents state that the period to revoke is different (or maybe even irrevocable.

To ensure you're following the law, to a T - check out the Quad A website and find an adoption attorney who can help. This is not something you want to trust to an attorney who is unfamiliar with the laws...or unsure.

[TxMom65]

I will agree with what has been stated.
1) CPS does not "watch" someone for relinquishing a child. She had a child removed by the state if they are watching her now. Well, they aren't watching her.

2) There is a world of difference in an attorney who specializes in adoption and other attorneys.

[tbrown0428]

I just got off the phone with my mother who spoke with her friend who spoke with the girl this afternoon!!! Apparently the girl is due early September, not as soon as we thought, and has been living with her sister and has been keeping a low profile away from CPS, as it sounds. She also has no phone and actually had to borrow a friend's phone to contact my mother's friend so getting in contact with her has been an issue according to my mother. My mother's friend told her all about my DH and I, how we really wanted to go with domestic adoption but went with China since we were so worried about the possible failure of a domestic adoption (we have had friends with failed DA's and my DH was just not willing to take a chance of bonding with a child and then having them leave) and that it is our dream to have a little girl. From what my mom's friend said she was scared and crying because she feels overwhealmed with being alone and pregnant and felt she had no options. My heart really goes out to this young girl and it just makes me want to cry that she feels this way. She probably just needs a friend to talk to and from what I hear she pretty much only has her sister to lean on (the father is out of the picture and does not want the baby either). She is worried CPS is going to step in the minute she gives birth and my mother's friend told her we have a lawyer ready to go as soon as needed if she decides to place her baby with us. I wanted to make sure she does not feel any pressure and is completely 200% comfortable with this so having a month until she gives birth gives her time to decide. The conversation with her ended that she will think about this and get back with my mom's friend and let us know what she decided......I really hope she chooses us and will keep everyone posted.....DA really is a rolllercoaster isn't it!