Is it possible to do a temporary adoption in Texas? Texas adoption attorneys say there’s no such thing here.
But who’s asking, and why? How would it work?
Most importantly: would such a thing even be good for kids?
Who Asks about Temporary Adoption in Texas?
Here’s a hint: it’s not adoptive parents who ask to do a temporary adoption in Texas. Adoptees don’t ask to be in an adoption where they get bounced back and forth around between homes and families. Conscientious birthparents rarely wish to remove a baby or child from their adoptive home after they’ve already bonded with their new family.
Those who ask about doing a temporary adoption in Texas usually don’t understand how adoption works. They tend to be those who feel unable or unwilling to parent. They’re unsure they can provide lifelong care, yet they don’t want to terminate their parental rights, just in case their situation changes down the road.
Sometimes, it’s someone with a child already born who feels in over their head, but who hopes their crisis may change in time. These may be teens wanting a pass on parenting until the baby is older (and potty-trained.) It’s occasionally parents with convictions or mental illness or addictions, who are banking on a do-over down the road. It might be grandparents who took in their children’s children but find themselves overwhelmed. Other times, it’s parents who don’t commit well to anything, who want to keep all their options open no matter how that may impact their child/ren.
How Would a Temporary Adoption in Texas Work?
The short answer is: it wouldn’t. In order for any baby or child to be legally adopted in Texas, the parental rights of any/all of the child’s legal parents must be irrevocably (permanently) terminated in a court of law first. The parent/s placing a child in a legal adoption in Texas must have first signed relinquishments forever surrendering their rights to that child. (There are no “take-backs” in agency adoptions under Texas law.)
This ensures that a child is legally free to be adopted by the people being approved by a judge to raise that little one. The adoptive family is fully responsible for all the adoptee’s needs until they reach adulthood. The permanency of adoption in Texas is what protects the best interest of any child being adopted. This is what makes “temporary adoption” an oxymoron (like “jumbo shrimp.”) For children being adopted, constancy, stability and solid attachments are vital to successful identity formation and healthy attachment. These are essential tools for personal growth.
Kids who grow up being bounced between homes (like in an ugly divorce, or in the Child Protective Services foster system) typically experience repeated upheaval and trauma, no matter how resilient they may later appear. A “temporary adoption” (in Texas or anywhere else) would risk continually sacrificing a child’s welfare at the whims of their parent/s. This is why a temporary adoption in Texas would not work, however well-intentioned it may be.
What Are the Alternatives to a Temporary Adoption?
Voluntary foster care is one option for those who cannot do a temporary adoption in Texas. Some social service programs will offer to care for a child on a temporary basis. This may work if a parent or custodial grandparent feels temporarily unable to manage a child for some reason (like illness, homelessness, adoption indecision, etc.) There may be a cost associated with this care, depending on the agency? However, agencies cannot by law “comp” the foster care bills in exchange for a parent’s decision to place the child for adoption.
Abrazo sometimes gets calls from folks whose neighbor dropped off a kid for babysitting years ago, but never came back. They may think they have a temporary adoption in Texas, but they don’t. The parental rights of the missing parents must still be legally terminated in court in order to free that child to be permanently adopted. (That’s right: a parent who leaves their kid “temporarily” with someone else in Texas may be surprised to learn that their rights and their child could later get taken away on the grounds of abandonment.)
This is why, in Texas, it’s important to consult a board-certified family law attorney to get answers to legal questions, even if you’re not planning to file anything in court. Whether a parent unable to parent and unwilling to commit to adoption is considering a CPS safety plan or signing a power of attorney to allow a relative to get medical care for their child or executing an Authorization for Nonparent Custody , you need to know your legal rights and responsibilities.
Deciding between a Permanent or Temporary Adoption in Texas
For parents-to-be or parents or grandparents who are considering adoption of any kind, the best first step is to learn all you can about adoption in Texas. Consult a licensed adoption agency in Texas like Abrazo, that’s been helping folks explore adoption for more than 30 years. Talk to a board-certified family law attorney if you have legal questions. And get some good counseling (it’s free at Abrazo, by the way.) Take whatever time you need to be sure. Then, if you’re still uncertain, contact us for other resources. You can’t be too careful when making plans for the future of any child you love. And that’s why there’s no point in considering a temporary adoption in Texas if what’s really needed most are some permanent solutions.
