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What are the rights of both sets of parents in an adoption?

On Behalf of | Oct 31, 2016 | Family Law |

Sometimes people make emotional decisions without considering the legal consequences. Adoption may be one of those decisions. Texas parents who want to adopt a child, as well as parents who decide to give a child up for adoption, may benefit from careful consideration and even the input of experienced family law attorneys.

The current trend is toward an open relationship between birth parents and adoptive parents that often allows birth parents to maintain contact and, sometimes, have relationships with the children. However, if this is not the way the adoptive parents want to go, there is nothing a birth mother can do about it. All states allow a birth mother to change her mind about giving a child up for adoption but only if this takes place before the adoption process is finalized.

Once the final adoption papers have been signed, the birth parents will have no legal rights over the child. From that moment on, the adoptive parents will be regarded as the legally recognized parents. Some birth parents have agreements drawn up and signed to prevent adoptive parents from cutting off contact with their children. However, these agreements can be filled with errors and loopholes if they are not drafted by professional legal representatives. Also, only agreements that were included in the legal adoption documents can be upheld by the court.

Any person in Texas who is part of either side of an adoption may want to gain additional knowledge about the legalities of such an important step. The support and guidance of a seasoned attorney can help during negotiations between a birth mother and adoptive parents — if it is a private adoption — and any other legal proceedings that will be part of the process. An attorney can ensure that his or her client has the necessary information to make informed decisions.

Source: FindLaw, “Birth Mother Rights After Child’s Adoption“, George Khoury, Accessed on Oct. 22, 2016