Common Legal Barriers to Adoption

Adoption can be a beautiful and rewarding experience and a wonderful way for parents to expand their families. There are so many reasons parents choose to adopt. They may struggle with infertility, miscarriages, simply not wish to carry or a child, they may be getting older, and so much more. Regardless of why you choose to adopt, there are some potential legal barriers that you should be aware of.


Perhaps you\’ve been by the birth mother’s side for the majority of her pregnancy. Maybe she already promised you could adopt the baby. Still, lack of paperwork may get in the way. The birth mother must sign the final relinquishment papers for the adoptive parents to retain legal rights over the infant. This is actually quite common and may place the adoptive parents and the child in limbo until the biological mother finishes signing the paperwork. The biological mother may also choose to completely withdraw from the adoption process if she does so before signing away custody. 

Future Contact and Involvement

Oftentimes, adoptive parents want to raise their children as if they were biologically related. This may mean you don’t want your child to interact with their biological parents at all. You may not even feel comfortable telling them that they were adopted in the first place. It can feel heart-wrenching when a birthparent goes to court to overturn the adoption because you are refusing contact. Ultimately, the court will decide your and the biological parent’s rights. Although, they typically side with adoptive parents. We can help you navigate the process, and improve the likelihood that you’ll get your desired outcome.

Generally, any future involvement and contact must be approved prior to the finalization of the adoption. Changes will only occur if agreed upon by all parties, and it must be in the best interest of the child.    


One huge fear that typically remains at the back of an adoptive parent’s head is what if the biological parents try to take the child back. This is understandably a terrifying prospect. However, the adoption agency and one of the experienced lawyers at Davis, Ermis, and Roberts can review all of the documentation and ensure all loopholes are closed up. That way you can feel assured that this fear will never become a reality. 

Davis, Ermis, and Roberts Adoption Consultation

The adoption process in Texas is complex and difficult to navigate. The lawyers at D.E.R. would be honored to help you fill and file the necessary paperwork to ensure everything is done properly. We can also make sure that there aren’t any loopholes that will result in the loss of your legal rights, should a biological parent contest your parenthood. We can also provide information about home residency requirements, child consent laws, and required background checks. When you’re ready to start or expand your family, get in contact with the law office of Davis, Ermis, and Roberts. We will help you manage the entire adoption process, from start to finish.