The availability of abortions since Roe v. Wade and advances in medical science have reduced both the supply of and demand for child placement agency adoptions.
Nonetheless, these types of adoptions are still being used in Texas.
The children, usually infants, come into the custody of licensed a child placement agency by way of the birth mother relinquishing her rights to the child to one of these agencies, formerly referred to as homes for unwed mothers. Forty-eight hours after the birth of her child, the mother signs an affidavit of relinquishment of her parental rights before a notary and two witness giving the agency custody of the child. Before or at the time the affidavit is signed, the mother of a newborn child may authorize the child’s release from the hospital to the agency. This release has the same requirements as an affidavit of relinquishment used in step-parent adoptions.
With possession of the child, the agency must then secure the termination of the rights of the biological father before it can be named the managing conservator and consent to the adoption. The next step is the filing of a petition to terminate the parental rights, which may be filed before the birth of the child by the agency if it will be difficult to serve the father promptly or if the alleged father refuses to take a position.
The agency is responsible for compliance with the statutory requirements of due process before the father’s rights can be terminated.
If the court terminates the parental rights of both parents, the court will appoint the agency as the managing conservator with the right to consent to the adoption of the child.
A second lawsuit is necessary for the child to be adopted, and may be filed by either the agency or the proposed adoptive parents. The agency, as managing conservator, must consent to the adoption. The agency must provide each adoptive parent’s criminal history report, a preadoptive and postplacement social study and a health, social, educational and genetic history report before placing a child for adoption with any person other than the child’s stepparent, grandparent, or aunt or uncle by birth, marriage or prior adoption.
An order of adoption creates the parent-child relationship between the adopted child and adoptive parents for all purposes.
Upon the filing of a Certificate of Adoption, a new birth certificate may be obtained showing the child to be the child of the adopting parents.