Adoption

[roth1264]

What is the name of your state (only U.S. law)? Texas

What are the limits for an private adoption in Texas? My daughters best friend is 19 and is getting rail roaded to sign papers. She had the baby May 1st. Gave it to the family on May 3rd and changed her mind on Friday May 8th and talked to the women who is adopting him and she said she isn't giving back she called the lawyer that was handling the adoption and told her that she could either sign over the baby and get to be an open adoption and she could see him or take the baby and they were going to take her to court and tell them she was an unfit mother and take him and she'll never she him. I believe there is something she can do. She doesn't know the law and they are using that to their advantage. Does she have rights to take her baby back? Can they say she is unfit because of her age?
Please let me know if there is anything she can do. Thanking you in advance for your help in this matter.

Debbie

[LdiJ]

Originally Posted by roth1264

What is the name of your state (only U.S. law)? Texas

What are the limits for an private adoption in Texas? My daughters best friend is 19 and is getting rail roaded to sign papers. She had the baby May 1st. Gave it to the family on May 3rd and changed her mind on Friday May 8th and talked to the women who is adopting him and she said she isn't giving back she called the lawyer that was handling the adoption and told her that she could either sign over the baby and get to be an open adoption and she could see him or take the baby and they were going to take her to court and tell them she was an unfit mother and take him and she'll never she him. I believe there is something she can do. She doesn't know the law and they are using that to their advantage. Does she have rights to take her baby back? Can they say she is unfit because of her age?
Please let me know if there is anything she can do. Thanking you in advance for your help in this matter.

Debbie

Your friend needs an attorney. Where is the baby's father?

[momofrose]

Originally Posted by roth1264

What is the name of your state (only U.S. law)? Texas

What are the limits for an private adoption in Texas?

Not sure what you mean by limits

My daughters best friend is 19 and is getting rail roaded to sign papers. She had the baby May 1st. Gave it to the family on May 3rd and changed her mind on Friday May 8th

She must have signed a parental rights termiantion in order for the hospital to allow the adoptive family to take the baby.

and talked to the women who is adopting him

She should have called her attorney or birthparent advocate- NOT the adoptive mom.

and she said she isn't giving back she called the lawyer that was handling the adoption and told her that she could either sign over the baby and get to be an open adoption and she could see him or take the baby and they were going to take her to court and tell them she was an unfit mother and take him and she'll never she him.

The adoptive mom is scared (and rightfully so)...thee are false threats (IMO) - first a birthmom has a certian amount of time to change her mind and keep the baby...certainly one week is not the set time in any state.

Second - an open adoption is only an agreement and once an adoption is finalized the adoptive parents are under no obligation to keep the open adoption, open.

also - age alone does not deem someone unfit - neither is the fact that she sought adoption for her child

I believe there is something she can do. She doesn't know the law and they are using that to their advantage. Does she have rights to take her baby back? Can they say she is unfit because of her age?
Please let me know if there is anything she can do. Thanking you in advance for your help in this matter.

She should have had legal counsel before the baby was given to the adoptive parents - tell her to contact that person/firm
Debbie

there are strict laws in effect for adoption - she should have educated herself before she handed the baby over - but she should at least do that now.

[nextwife]

Texas Adoption Laws, Page 3
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
Statute: Fam. Code §§ 161.103; 161.106


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
Statute: Fam Code §§ 161.1035; 162.011


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.


[url=http://laws.adoption.com/statutes/texas-laws,3.html]Texas Adoption Laws, Page 3[/url]