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If I Put My Child Up For Adoption In Texas, Can I Change My Mind Later?

There are many factors that go into one’s decision to place their child up for adoption. There are also many questions and concerns birth parents and prospective adoptive parents may have once they begin the adoption process. One big concern for both birth parents and prospective adoptive parents is whether a birth parent can change their mind about the adoption. The Texas Family Code lays out the requirements of a Voluntary Relinquishment of Parental Rights Affidavit in great detail.  

Can I Change My Mind?

A relinquishment affidavit that designates either the Department of Family and Protective Services or a licensed child-placing agency to serve as the child’s managing conservator is irrevocable. TFC 161.103(e). That means that if you are working with the Department of Family and Protective Services or a licensed child-placing agency, once you sign the relinquishment paperwork, you can no longer change your mind.  

 

If the birth parents and prospective adoptive parents are not working with the Department of Family Protective Services or a licensed child-placing agency, the Voluntary Relinquishment of Parental Rights Affidavit must include a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time. TFC 161.103(b)(9). An expectant parent can change their mind until they sign the relinquishment affidavit or until such time as the revocability period has expired. If an affidavit of relinquishment of parental rights fails to state the period for irrevocability, the affidavit is only revocable if made before the 11th day after the date the affidavit is executed and therefore is irrevocable on or after the 11th day after the affidavit is executed. TFC 161.1035. 

 

In non-agency adoptions, many relinquishment affidavits will include either a 60-day irrevocability period or an 11-day revocability period. It is important for both the birth parents and prospective adoptive parents to know which terms are included in the relinquishment affidavits and understand the different implications.  

When Can I Sign?

For both non-agency and agency adoptions, the Texas Family Code provides that a birth mother or presumed or acknowledged father cannot execute the Voluntary Relinquishment of Parental Rights Affidavit until the child is at least 48 hours old. TFC 161.103(a)(1). If an alleged birth father wishes to execute an Affidavit of Waiver of Interest to a child, they may execute that document at any time, and it is irrevocable in both non-agency and agency adoptions. An experienced attorney can explain the difference between a Voluntary Relinquishment of Parental Rights Affidavit and an Affidavit of Waiver of Interest as there are different reasons the parties may wish to use one affidavit versus the other.  

Our Attorneys Are Ready To Listen

Our experienced family law attorneys in Texas have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

What Steps Should I Take?

There are many requirements for a Voluntary Relinquishment of Parental Rights Affidavit, and the adoption process can be intimidating for the families involved. However, with the help of a Modern Family Law attorney guiding you through the legal steps, you should feel confident in the adoption process. The Modern Family Law team is here to help guide birth parents and prospective adoptive parents through the process.  

Adoption FAQs


Do I need to work with an Adoption Agency if I know who I want to adopt my baby?

No, Texas law does not require that you work with an Adoption Agency. However, licensed agencies can provide certain services that non-agency or “private” adoptions cannot provide. For example, only a licensed agency is permitted to provide the birth family with financial assistance, other than certain exceptions such as medical expenses and legal expenses.   

If I’m the birth mother, will I need to appear in Court?

Typically, no. The Voluntary Relinquishment of Parental Rights Affidavit should include language that eliminates the necessity of appearing in Court.  

As a Prospective Adoptive Parent, will I need a Home Study?

Yes, Texas law requires that prospective adoptive parents will need to undergo a home study. The cost of a home study varies. 

How long does the adoption process take?

Texas law requires that the child lives with the prospective adoptive parents for a minimum of 6 months. However, the Court can waive this requirement if it finds that it is in the best interest of the child to be adopted prior to the 6-month period.  


Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

By Hannah Soliz, Esq.

Posted January 25, 2022


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