Adoption, applicable to a child or to an adult, is governed by state statute (currently Chapter 162 of the Texas Family Code).
Adoption of a Child
There are many situations in which an adoption of a child may occur including:
- Step-parent adoption.
- Adoption of a child born out of wedlock, where the birth mother and the father elect to give up the child for adoption.
- Foreign child adoption.
- A situation where the government (in the form of Child Protective Services) becomes involved in cases of severe abuse and/or neglect.
The procedures involved in each of these situations are somewhat different.
As a result of adoption, a parent-child relationship comes into existence between the adoptive parent(s) and the child “for all purposes.” This includes the right of inheritance. All of the rights and duties of a parent to a child become effective for the adoptive parent(s). Grandparent rights of the biological or adoptive parents are not terminated by the adoption.
Do you want details about how child adoption works? Read more [link to Richard’s full article about adoption] or contact us to set up an appointment to discuss your situation.
Adoption of an Adult
Any adult residing within Texas may file a petition to adopt another adult. If the adult desiring to adopt is married, the spouse must join in the petition. The effect of an adult adoption is:
- the adopted person is the son or daughter of the adoptive parent for all purposes;
- the adopted person is entitled to inherit from and through his/her adoptive parents as though there were his/her biological parents;
- the adopted person may not inherit from or through his/her biological parents ( though a person who is adopted might “inherit” through a gift in a valid will of the biological parent whose parental rights have been terminated by the adoption); and
- a biological parents may not inherit from or through their biological child that is adopted as an adult.
If you are or wish to be a party in an adult adoption and need more information about the process, contact us.