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Adoption

Texas Adoption Law

Legal adoption is the best way to secure parental rights and protect family bonds when non-biological parents are taking care of, or want to parent a child they are caring for. CHA Law Group represents Central Texas families interested in building or confirming the legal status of their families through legal adoption in a wide range of circumstances.

In some cases, like grandparent adoption, the child is a relative. In others, one parent has already adopted—perhaps through a CPS adoption—and a second-parent adoption is needed. In yet others, a step-parent wants to adopt. Or an interstate adoption (also known as an ICPC adoption), or even international adoption, is desired. CHA Law Group has represented families in Central Texas in all of these arrangements. (Check out LGBTQ+ Law for more about second-parent adoptions by a same-sex spouse or partner.)

Best Adoption Attorney in Austin award-winner (per Austin Monthly magazine) for two years and counting, Family Lawyer Christine Andresen Knows the Ins and Outs of Legal Adoption in the State of Texas

Sometimes, the biological parents are in agreement with the adoption and the process consists of no more than some paperwork and an uncontested hearing that will feel easy if you have the right attorney. Other times, one or more of the biological parents are not in agreement and there needs to be a contested adoption hearing, like a trial.

If Legal Adoption isn’t an Option, There are Other Ways you can Protect the Children in Your Life

In some families’ situations, a full adoption isn’t necessary or something the family wants. Joint managing conservatorship (shared custody) or even power of attorney to make medical and educational decisions are alternatives to adoption that CHA Law Group can discuss with you.

Areas of Adoption Law

  • Grandparent Adoption / Relative Adoption in Texas

    Our daughter can’t parent our grandchildren—can grandparents adopt their grandchildren?

    It takes a village. Families are complex and sometimes aunts, uncles, cousins, and grandparents have to take over the parenting duties for a child. CHA Law Group has extensive experience helping blood relatives adopt children from within the family in several counties in Central Texas. This experience has shown us that relative adoptions can often be complicated, but with the right adoption attorney, hopefully will seem easy to you.

    Let Austin-based CHA Law Group Ensure the Best Interests of the Child Are Protected in Grandparent Adoption

    In grandparent, or other relative adoptions, there are often obstacles that knowledgable legal assistance can help you overcome. The biological parent may have initially wanted the child with relatives, but may or may not be OK with having their parental rights terminated so that the relative can become a legal parent. Occasionally, there is a conservatorship dispute or CPS involvement, and you will need legal representation to prove that it’s in the best interest of the child for the child to end up with you.

    If your family is trying to decide on the best course of action to protect your grandchild, niece, nephew, or cousin in Central Texas, come talk to Christine Andresen about the best way to pursue a relative adoption. Let’s look out for this child together, and make sure your relationship has legal protection

  • Step-parent Adoption in Texas

    My second husband is the only father my children have ever known, even though he’s not their biological father—can a step-father adopt his step-children?

    We at CHA Law Group love to hear a good story about a step-father stepping up. Divorce and remarriage often mean a shift in parenting roles, custody, and parent-child relationships. In some cases this means that a biological parent fades from the children’s lives (or completely disappears or was never there in the first place), and a step-parent is the day-in, day-out co-parent.

    Step-parent Adoption Gives Legal Recognition and Rights to Step-fathers and Step-mothers That Are Doing the Day-To-Day Parenting

    Step-mother or step-father adoption often helps match the legal situation with the reality of who is doing the actual parenting. This gives legal protection to the relationship between the child or children with their step-parent, even though it’s not a biological relationship. In these cases, the absent biological parent’s rights are terminated and the step-parent adopts. In the case above, for instance, this would mean the step-father becomes the legal father through a termination/adoption hearing, meaning there would be almost no chance of a custody battle were the mother to pass away.

    CHA Law Group Helps Families Protect their Relationships through Step-parent Adoption in Central Texas

    The legal process of a step-mother or step-father adoption can be quite easy or quite difficult, depending on a few key factors:
    • If the absent parent will sign a relinquishment (and sometimes he or she will, because future child support will end if the court grants the termination)
    • If the absent parent has been paying any child support
    • How hard the absent parent is to find
    • If the absent parent decides to argue his or her termination or not

    In any of these cases, an experienced adoption lawyer like Christine Andresen is essential in fighting for your rights as a family and obtaining legal recognition of the real parenting situation. Contact CHA to schedule a consultation to discuss how step-parent adoption would work for your family.

  • Second-Parent Adoption / LGBT Adoption in Texas

    I’m a lesbian and I want to adopt my girlfriend’s baby that we will raise together—will Texas let me do this?

    Suprisingly, yes, if you work with an attorney who can help you find an LGBTQ+-friendly judge. Travis County judges (and judges elsewhere in the State of Texas, for that matter) will grant second-parent adoptions to the non-biological parent in a same-sex couple who is partnered with a parent of a child. Second-parent adoption is available to same-sex LGBTQ+ couples that live anywhere in Texas, if you hire an experienced adoption attorney who knows how to get you in front of the right judge.

    CHA Law Works With Many LGBTQ+ Couples to Obtain Second-Parent Adoptions

    Sometimes both partners adopt—the first adopts a child (from CPS or an agency or through an independent adoption) and the second then does a second-parent adoption. Of course, trouble can arise when there are interstate issues, someone is contesting the adoption, or other complications. That’s when you’ll really be glad you have a good lawyer.

    Austin-Based family law attorney Christine Henry Andresen is an invited member of the national LGBTQ+ Family Law Institute, and has a great deal of experience with same-sex adoption in a variety of circumstances. This is especially important for same-sex couples in Texas, even if they are married, because marriage is different than parentage, and judges in conservative Texas counties are likely to be skeptical of parentage theories when there is no adoption order. For maximum protection if the biological mother were to die, or in a break-up, that adoption can make all the difference. Even opposite-sex step-parents in Texas need to adopt for parentage to be automatic. And married same-sex couples in places like Massachusetts and California often still adopt because of the possibility they could move to (or even visit) somewhere like Round Rock and disaster strikes.

    Where you live isn’t the only issue—it also matters what the family situation is like. Perhaps one of you already adopted through CPS as a single parent. Perhaps one of you is the biological parent and the other biological parent is willing to relinquish parental rights. Perhaps a sperm donor was used and there are donor contract issues to resolve before the pregnancy even begins, let alone the second-parent adoption is completed. Each of these situations brings its own legal issues and potential complications. Circumstances vary. Inquire within.

    Contact us to set up an appointment to get your family legal!

  • Texas and Interstate Agency Adoption

    My wife and I are using an agency to do a private adoption—will we also need to hire a lawyer?

    Many families that want to adopt in Texas decide to work with an adoption agency to do a “private adoption,” or “agency adoption,” where the agency helps the prospective adoptive parents find a match with a mother or couple looking to place their child. An agency adoption, like most adoptions, requires a lawyer to represent the adoptive parents and make sure all of the official paperwork is completed and their status as legal parents is recognized by the State of Texas.

    Don’t Be Pressured to Work With an Agency Adoption Attorney—It’s Your Choice Who Should Represent You

    Adoption agencies will often recommend their own attorney (and sometimes push you quite hard to use their person!), but CHA Law Group has experience successfully working with a variety of different types of agency adoptions. And note that agencies will usually let you work with an attorney of your own choice if you insist. Austin-based family law attorney Christine Andresen can help your family make sure that all of the big picture legal implications are thought through and managed correctly.

    Austin Lawyer Christine Andresen Can Help with Agency Adoptions Outside of the Austin, Texas Area

    CHA Law Group can also assist when the adoption agency and/or adoption attorney are located outside of the Austin area when there is a complicated issue to manage for a Central Texas birth mother or adoptive parents.

    CHA Law Group Represents Texas Mothers Who Place Their Babies Through Adoption Agencies

    We also have experience representing the relinquishing mother with the Texas portion of a Texas or interstate adoption in agency adoptions. We will make sure a biological mother’s rights are protected, that she knows exactly what the process entails, and understands what she is signing—all of which is the best practice for adoptive parents to insist upon because having a birth mother represented by counsel ultimately helps to protect the adoptive parents.

    If you are planning on an agency adoption to adopt or place your child, contact CHA Law Group to start your legal planning.

  • Independent Adoption in Texas

    My partner and I are adopting the child of an acquaintance in trouble, without using an agency—can a lawyer help with this type of independent adoption?

    Adoptions where no agency is used are sometimes called “independent adoptions.” This is a situation where someone takes in the child of a relative, a friend, or an acquaintance. The legal process can be relatively straightforward, or quite complicated. An experienced and knowledgeable adoption lawyer can help.

    Family Law Attorney Christine Andresen Helps Navigate the Adoption Process for Independent Adoptions

    Sometimes, the biological parents are in full agreement and cooperation with the adoption. Other times, the biological parent has mixed feelings or changes his or her mind. For instance, the biological parent has dropped the child off with the prospective adoptive parents—who have been caring for the child for a great deal of time and are ready to become legal parents—but when the legal case commences, the parents will not cooperate. In some cases, the biological mother is in full agreement with adoption, but there are issues regarding the biological father. In any of these cases, an experienced family lawyer will make sure the best case is put forward to complete the adoption.

    CHA Law Group has experience with a variety of different types of these independent adoptions. Please contact us to schedule an appointment to come up with a legal plan to move forward with your adoption.

  • Interstate Adoption (ICPC Adoption) in Texas

    We live in Austin but we are adopting a child from out of Texas—where and how do we take care of all of the necessary legal issues?

    While certain types of interstate adoptions may be relatively straightforward, as when the biological parent independently brings the child to the adoptive family in the new state, preferably long before adoption is contemplated, in many types of interstate adoptions, the “Interstate Compact on the Placement of Children” applies.

    CHA Law Group Helps Families Pursuing Interstate Adoptions Satisfy All of the Legal Requirements

    Interstate adoptions, sometimes called ICPC adoptions, can require approval from the ICPC office of the child protective agency of the sending and receiving state. Dealing with this office—called the TICO in Texas, the Texas Interstate Compact Office—can involve completion of a Texas DFPS Form ICPC-100A; equivalent paperwork will be needed in another state.

    As an Austin-based family law attorney with experience in ICPC cases, Christine can help your family make sure all of the interstate adoption rules are followed and your family can start with a secure foundation. Call us to make an appointment to come and talk about the special requirements.

  • Contested Adoption in Texas

    We have been taking care of a child for most of his little life and we want to adopt him to protect the family we have made with him, but his mother says she will fight us in court if we try to adopt him—does the state of Texas ever let non-biological caretakers adopt a child?

    People that find themselves taking care of other people’s children for an extended period of time often have much more of a parenting role and relationship with the children than the biological parents. In many cases it makes sense for them to adopt the children to provide stability and legal protection for the family. When one or both of the biological parents don’t want to relinquish their legal rights—even if the child has been with the prospective adoptive parents and they have been parenting the child without support from the biological parents for a great deal of time—this becomes a contested adoption. That said, occasionally the parents do not cooperate in a technically contested adoption, in which case a default can be obtained. But sometimes the parent files a proper legal answer (or a letter that the court construes as an answer), and shows up in trial ready to do battle, and to fight his or her own termination and the prospective adoptive parent’s adoption.

    CHA Law Practice Represents Caretakers in Contested Adoptions

    Contested adoptions require a sort of legal double whammy: termination of the biological parents’ parental rights (normally the part the parent is fighting) and legal adoption for the prospective adoptive parents. It’s essential to hire an experienced family law attorney like Christine Andresen to make sure the child and prospective adoptive parents’ best interests are well-represented and protected.

    CHA Law Group has experience in obtaining a termination of parental rights even in the case where a parent shows up in court, trying to fight their termination and retain rights. If you’re in this situation, please call us to discuss what your legal options are.

  • International Adoption

    We’re adopting a child from another country—how do we make it legal in Texas?

    Congratulations! Christine has extensive experience welcoming international adoptees and getting them all set up with the right legal paperwork and protection.

    International IR-3 or IH-3 Adoptions in Texas
    An IR-3 or IH-3 adoption is when the adoption was first finalized in a foreign country and the child will arrive in Texas with an IR-3 or IH-3 visa. Upon arrival, CHA Law Group can pursue:
    • A re-adoption in Texas
    • A change of the child’s name, if needed
    • A court order needed to obtain a Texas birth certificate

    International IR-4 or IH-4 Adoptions in Texas
    Alternatively, if there is an IR-4 or IH-4 visa, a visa given to children that gives them permission to come to the U.S. to be legally adopted, Christine can start the adoption process once the child arrives. This includes:
    • A full legal adoption in Texas
    • A change of the child’s name, if needed
    • A court order needed to get a Texas birth certificate

    Please let CHA Law Group welcome your new addition to Texas with open arms. Schedule a consultation with Austin-based adoption attorney Christine Andresen as early in the international adoption process as you can to ensure that the legal process goes smoothly. And promise to send her a photo when you meet your little one for the first time.

  • CPS Adoption and Foster Care Adoption in Texas

    My partner and I want to adopt our foster child that was removed from her family by CPS—do we need to hire a family lawyer to help us through the process?

    Yes. Just like with any adoption, the adoptive parents need to be represented by a lawyer to complete the process. And can we add that we’re suckers for a good foster-to-adopt story?

    CHA Law Group Helps Foster Families Navigate the Adoption Process in Austin, Texas

    Foster parents in a CPS case can use an attorney their agency recommends, or find their own. An experienced adoption attorney can help you avoid all of the pitfalls and overcome the obstacles of dealing with a bureaucratic agency and ensuring your family is legally secure.

    CHA Law Group in Austin has experience in intervening in CPS cases, and also in representing the adoptive parents in the adoption after parental rights have been terminated. If you’d like the perspective of an Austin-based family law attorney with a lot of experience with CPS cases, please give us a call to schedule a consultation.

Testimonials

Christine and the CHA Law group have been intricately woven into my daughter’s beautiful adoption story. I am so thankful that Christine came alongside us and our immigration lawyer to get some necessary documentation. What has impressed me the most was her willingness to advocate for my daughter and her timeliness in getting it done both times that I’ve worked with her! Thank you Christine and everyone at the CHA Law firm. May your year be blessed and prosperous!

Justina Rostedt

We retained Christine after adopting our two children internationally. We learned that if we “re-adopted” our children in Texas, they could obtain Texas birth certificates. Given that their birth certificates from Russia and China, respectively, had to be translated into English, we thought that Texas birth certificates would save them a lot of time and trouble throughout their lives. Christine was the only attorney we spoke to who know how to do this. She handled the court hearing spectacularly, and charged us a simple flat fee. We highly recommend Christine!

Tracy and Greg McCreight

I am happy I found Christine and her staff. I unexpectedly found myself in need of an adoption lawyer a few years ago. It was a whirlwind of excitement, fear and uncertainty. I was a soon to be single Gay Father adopting a newborn child in the very conservative Panhandle of Texas. Christine and her staff put my fears aside and did everything they could to make the adoption as smooth as possible. Her experience dealing with LGBTQ families and adoptions put me at ease and made the entire process smooth as could be expected. I would recommend Christine to anyone adopting! Oh yeah, and she didn’t charge me an arm and a leg either!

Chad B. Yokum

Kind and Professional Guidance

Right from the start they treated us much more than clients but as family. Their kind and professional guidance and support was the key to accomplishing our most desired goal in life: becoming parents. We truly recommend CHA Law. They have been a true blessing for our family. We will always be grateful.

Alfredo and Maria Del Prado-Saliva

Professional but very caring in their actions.  It all paid off in the end as of December 23rd 2015 I am now officially an adoptive parent of a 6 1/2 yo who has blossomed into such a fine young man.  I would encourage anyone needing to approach this process to consider Ms. Christine Henry Andresen and her staff due to their professionalism, compassion, and extreme knowledge of the adoption process.  Thank you all again for everything you have done for me and my grandson.

Carol Freeman
ChaLaw is one of Austin Monthly's Top Attorneys of 2023 ChaLaw is

4103 Menchaca Road
Austin, Texas 78704
512.394.4230

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