Texas Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

Statute: Fam. Code § 162.010

• The managing conservator must consent.
  
• If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.

Age When Consent of Adoptee is Considered or Required

Statute: Fam. Code § 162.010

• The managing conservator must consent. If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.
  
• A child 12 years of age or older must consent, unless the court finds it in the child's best interest to waive consent.

When Parental Consent is not Needed

Statute: Fam. Code §§ 161.003; 161.005; 161.006; 161.007

• The parent is unable to care for the child due to mental illness.
  
• The parent has voluntarily terminated parental rights.
  
• The parent has no right of consent after an abortion where the child survives.
  
• A person is convicted of a crime resulting in the birth of a child.
  
• The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.

When Consent Can Be Executed

• The birth mother may consent no sooner than 48 hours after the child's birth.
  
• A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child.

How Consent Must Be Executed

Statute: Fam. Code § 161.103

• A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.

Revocation of Consent

• An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
  
• On the 11th day, consent becomes irrevocable.
  
• Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.

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