Attorney
Bringing a newborn into your family through adoption is one of the most meaningful steps a family can take. However, the legal requirements for newborn adoption in Texas can feel overwhelming without the right guidance. At Navarrete & Schwartz, P.C., our family law attorneys in Midland help adoptive parents understand the adoption process, comply with state requirements, and ensure their new family begins on a strong legal foundation.
Who Can Adopt a Newborn in Texas?
Texas law is flexible when it comes to who may adopt. You do not need to be married, wealthy, or already a parent to qualify. In general, to adopt a newborn in Texas, you must:
- Be at least 21 years old
- Be financially stable and able to support a child
- Pass a criminal background check and child abuse history check
- Complete a home study conducted by a licensed social worker
- Provide references and proof of financial stability
While the process can seem detailed, the requirements are designed to protect the child’s best interests.
The Role of Parental Consent in Newborn Adoptions
In most newborn adoptions, biological parents must voluntarily terminate their parental rights before an adoption can proceed. Texas law allows biological mothers to sign a relinquishment of parental rights as early as 48 hours after giving birth.
If the biological father is involved, he must also either voluntarily relinquish his rights or have them legally terminated. In contested cases, courts may need to determine whether termination is appropriate based on the child’s safety and well-being.
The Newborn Adoption Process in Texas
Adopting a newborn involves several legal steps that must be followed carefully:
- Application and Home Study: Prospective parents apply through an agency or private attorney and undergo an in-home evaluation.
- Matching with a Birth Mother: Depending on whether the adoption is private or agency-based, adoptive parents may be chosen by or connected with the birth mother.
- Termination of Parental Rights: Biological parents must relinquish their rights before the adoption is finalized.
- Placement of the Child: Once rights are terminated, the newborn may be placed in the home of the adoptive parents.
- Finalization Hearing: After a waiting period and further checks, a Texas court finalizes the adoption, granting the adoptive parents full parental rights.
Legal Considerations in Newborn Adoptions
Because newborn adoptions are sensitive and time-critical, families should be aware of the following legal issues:
- Open vs. Closed Adoptions: Texas allows both; open adoptions maintain some level of contact between the birth parents and adoptive family, while closed adoptions do not.
- Consent Revocation: Biological parents sometimes have limited opportunities to challenge their relinquishment, making timing critical.
- ICWA Compliance: If the child has Native American heritage, the Indian Child Welfare Act (ICWA) may apply, adding additional requirements.
- Adoption Expenses: Adoptive parents may pay certain pregnancy-related expenses for the birth mother, but payments must comply with Texas law to avoid complications.
Why Legal Representation Matters
Adopting a newborn is both emotionally rewarding and legally complex. Missing even a single step—such as failing to properly terminate parental rights—can delay the adoption or even result in it being overturned.
At Navarrete & Schwartz, P.C., our Midland adoption attorneys:
- Guide families through home studies and background checks
- Handle all petitions and court filings
- Protect adoptive parents’ rights in contested cases
- Ensure that all adoption requirements under Texas law are met
Start Your Journey to Parenthood With Confidence
Adopting a newborn in Texas can be one of the most rewarding journeys of your life, but it requires careful legal planning and experienced representation. At Navarrete & Schwartz, P.C., we help families in Midland and across West Texas navigate the adoption process with confidence and compassion.
Contact Navarrete & Schwartz, P.C. today to schedule a consultation and take the first step toward expanding your family through adoption.