Adopting a child is a life-changing decision and a highly emotional one. Adoptive parents are concerned about the health of the growing baby and also the birth mother. Her physical and emotional health, along with her comfort level of giving them such an amazing gift, is something they often think about.
They may wonder, “Can the birth mother change her mind?” or “What happens after placement?”
Understanding the legal rights of birth mothers in Texas adoptions helps prospective families and birth mothers feel more confident as they make their decisions.
Read along as we discuss what to expect, the birth mother’s rights, and the steps involved in working with a newborn adoption agency in Texas, and finalizing the adoption as we demystify the adoption journey.
What Decisions Are Birth Mothers Legally Allowed to Make?
In Texas adoptions, legislation protects birth mothers’ well-being and decision-making throughout the adoption process.
First, a birth mother has the right to choose adoption freely, meaning she cannot be coerced or forced into the decision. Her consent for another family to adopt the infant must be given voluntarily. Birth mother consent is covered by Section 162.010 of the Texas Family Code.
Birth mothers also have the right to select the adoptive family and have the final say in who will raise the child. She has the right to consider various factors, such as the family’s lifestyle and values.
If she doesn’t wish to engage with the family before or after birth, including choosing one, she might opt for a closed adoption. In Texas, the birth mother can pick between an open, semi-open, or closed adoption.
One of the critical legal rights of birth mothers in Texas adoptions surrounds medical care: Not only do birth mothers have the right to medical care but they also have the right to privacy. All their medical records are protected by the Health Insurance Portability and Accountability Act (HIPAA). It’s up to birth mothers to share this information or access to any records, including to the chosen adoptive family.
Can a Birth Mother Change Her Mind? Understanding Texas Adoption Laws
The legal rights of birth mothers in Texas adoptions specify when and how a birth mother can make binding decisions regarding adoption.
Pre-Birth Decisions
In Texas, no legal adoption agreement can be signed before the child’s birth, giving the birth mother the opportunity to fully consider her decision in the days leading up to and after delivery.
Signing the Consent Forms
Birth mothers must wait at least 48 hours after delivery to sign legal adoption papers in Texas. Only after this waiting period can she officially sign the consent forms.
Revocation Period
Unlike some states, Texas does not have an automatic revocation period after consent has been signed. This means that once the birth mother signs the adoption consent form, she can’t change her mind without going through the proper legal channels.
Birth mothers can still challenge the adoption through legal action in certain circumstances, though this is rare. (Sec. 162.011 of Chapter 162 of the Texas Family Code covers revocation of consent.)
What this means for adoptive parents: While rare, a birth mother can change her mind before signing. Managing expectations can help hopeful prospective parents cope with uncertainties.
Additionally, adoption disruption insurance (also called adoption failure insurance) can cover expenses in case of an adoption that isn’t finalized. Families could be potentially reimbursed for agency fees, home study costs, and travel expenses, as well as birth mother financial support.
Post-Placement: What Rights Do Birth Mothers Have?
The legal rights of birth mothers in Texas adoptions change during the post-placement phase.
Finalization of Adoption
Once the adoption is finalized in court, the birth mother’s legal rights to the baby end. This is the point where the adoptive parents gain full legal custody of the child, and the birth mother no longer has any legal claim over the child.
Open and Semi-Open Adoption Agreements
If the new family and the birth mother agreed on an open or semi-open adoption, contact between the two groups can continue.
In an open adoption, the birth mother and adoptive family maintain ongoing communication, such as letters, photos, or even visits. (The degree of contact varies based on the family.)
In semi-open adoptions (also called mediated adoptions), contact is much more limited and is often facilitated by a third party who is an adoption professional, like an adoption agency or attorney.
Medical History Access
Although the birth mother’s legal rights end after finalization, the adoptive parents may still have access to the child’s medical history. Birth mothers can provide medical records that may benefit the child’s health and well-being, especially if health issues arise later.
Adoptive families can request these records to get a more complete picture of their child’s health history. Staying informed can help families keep an eye out for genetically-linked conditions.
Birth Mothers and Financial Support: What’s Legal for Adoptive Families?
Throughout the birth mother adoption process in Texas, adoptive families can provide financial support in accordance with specific legal guidelines. Understanding these regulations is key to maintaining an ethical adoption process.
Medical Expenses
Adoptive parents are allowed to assist with medical expenses related to the pregnancy and birth. These expenses might include costs for prenatal care, labor, delivery, and post-birth care. Transparency and documentation are essential to helping avoid potential legal issues.
Living Expenses
Under Texas adoption laws, adoptive families may provide limited financial assistance to birth mothers for living expenses during the pregnancy. Note that this financial support is closely regulated.
Excessive financial assistance is prohibited. An adoption agency or court will likely want to approve these to prevent any undue influence on the birth mother’s decision or possible violations of Texas adoption consent laws.
Legal Fees
Some birth mothers cover their own legal fees but it’s typically expected for the adoptive parents to cover attorney and court fees. This arrangement is carefully documented, often by an agency, to better ensure that no conflict of interest arises.
What Adoptive Parents Should Expect
Adoptive parents often want to reduce stress on the woman carrying their baby, but they also don’t want to create an atmosphere of coercion. Working with an adoption agency can help ensure the process remains legal, ethical, and respectful for all parties involved.
An agency can balance the legal rights of birth mothers in Texas adoptions with critical birth mother financial support.
What If the Birth Father is Involved? Texas Laws Explained
The birth mother adoption process in Texas also includes considerations for the birth father. Birth fathers must sign the adoption consent forms before the adoption is finalized. Generally, birth fathers have a claim if they:
- Are married to the birth mother, and the child was born while they are/were married
- Are married to the birth mother and the child is born before 301st days after the date of marriage termination
- Are married to the birth mother in both situations above, even if the marriage is/might be invalid
- Are married/unmarried but listed himself as a possible father on Texas’s Vital Statistic Unit (Paternity Registry). In cases where a man files a notice to claim paternity, a DNA test will need to establish his rights.
Birth fathers could also be established when:
- Listed as the baby’s father on the birth certificate voluntarily
- Lived in the house with the child until the child’s second birthday and publicly named himself the father
Most often, a birth father gives consent for the adoption along with the birth mother. It is possible to proceed with an adoption in Texas without the birth father’s consent, but a judge must terminate his rights first. Working with an experienced adoption attorney is ideal here.
If the biological father is unknown, the adoption can proceed without establishing paternity and getting consent from that party.
FAQ for Adoptive Parents: Understanding Birth Mother Rights
Adopting a child is a deeply emotional and legally complex process.
Get the answers to the five most frequently asked questions about the legal rights of birth mothers in Texas adoptions:
Can a birth mother change her mind before or after birth?
A birth mother in Texas has the legal right to change her mind before signing the adoption consent forms (typically 48 hours after giving birth). Texas does not allow birth parents to revoke their consent after signing unless they go through the court system.
What happens if a birth mother doesn’t sign the paperwork?
If a birth mother doesn’t sign the consent forms, the adoption can’t move forward. Your adoption agency will typically review the process and the implications of her decision with her, but no one — under any circumstances — can or should attempt to coerce her.
The law in Texas recognizes the gravity of a birth parent’s decision. Agencies are there to help ensure birth mothers feel safe and all parties involved feel heard and respected.
Can the birth mother take the baby back after the adoption is finalized?
Once the adoption is finalized in court, the birth mother’s legal rights end. The finalized adoption legally transfers all parental rights to the adoptive parents.
In extremely rare circumstances, adoptions can be contested if the birth mother can prove she:
- Signed away her rights under fraud or duress
- Was given incorrect information about the adoptive family that swayed her choice. This is a highly complex legal area; seeking the counsel of an adoption lawyer is advisable.
What if the birth mother wants ongoing contact?
Birth mothers in Texas can request open or semi-open adoption arrangements to maintain ongoing contact with the child. These arrangements must be agreed upon before the adoption is finalized.
What expenses am I legally allowed to pay?
Adoptive parents can pay for certain pregnancy-related medical expenses, legal fees, and living costs, but these payments must be reasonable and comply with Texas adoption consent laws. Unethical financial arrangements, like paying for the adoption itself, are strictly prohibited.
Final Steps: Preparing for a Smooth Adoption Process
Understanding the legal rights of birth mothers in Texas adoptions is an essential part of choosing to adopt. A full comprehension of a birth mother’s rights helps everyone approach the process with empathy and respect, creating a smoother transition for everyone involved.
At Angel Adoption, we are committed to fostering a positive and supportive environment for all. It’s important for us to help the birth mother, the child, and the adoptive family connect. We guide families and birth mothers through the adoption journey, providing counseling, support, and legal and logistical advice.
If you’re considering adoption, you’ve taken a very important step in learning about birth parent rights. When you’re ready for the next step, including filling out an adoption application, we look forward to hearing from you — Reach out to us here!
