Common Legal Barriers to Adoption

Adoption can be a beautiful and rewarding experience, offering parents a wonderful way to expand their families. There are numerous reasons why parents choose to adopt, such as struggles with infertility, miscarriages, the decision not to carry a child, advancing age, and more. Regardless of the reason, it’s important to be aware of potential legal barriers that may arise during the adoption process.

Relinquishment

Even if you’ve supported the birth mother throughout her pregnancy and she has promised that you could adopt the baby, legal formalities must still be completed. The birth mother must sign the final relinquishment papers for the adoptive parents to gain legal rights over the child. Until these papers are signed, the adoptive parents and the child may be in a state of limbo. Additionally, the birth mother has the right to withdraw from the adoption process at any time before signing away custody, which can create uncertainty for the adoptive parents.

Future Contact and Involvement

Many adoptive parents prefer to raise their children as if they were biologically related, which might include limiting or eliminating contact with the biological parents. This desire can lead to conflicts if the birth parents seek to maintain contact or overturn the adoption in court. The court will ultimately decide on the rights of both the adoptive and biological parents, usually favoring the adoptive parents. However, navigating this process can be complex.

Any future involvement and contact between the child and the biological parents must generally be agreed upon before the adoption is finalized. Any changes to these arrangements must be approved by all parties involved and must be in the best interest of the child.

Reclamation

One of the biggest fears for adoptive parents is the possibility of the biological parents attempting to reclaim the child. This is a frightening prospect, but it can be mitigated by ensuring that all legal documents are thoroughly reviewed and properly executed. Working with an experienced adoption lawyer can help close any loopholes and provide peace of mind that the adoption is secure.

Davis, Ermis, and Roberts Adoption Consultation

The adoption process in Texas is complex and can be challenging to navigate without expert assistance. The lawyers at Davis, Ermis, and Roberts (D.E.R.) are dedicated to helping prospective adoptive parents complete the necessary paperwork correctly and efficiently. We ensure that there are no legal loopholes that could jeopardize your parental rights if a biological parent contests the adoption.

Our services include providing information on home residency requirements, child consent laws, and required background checks. We guide you through every step of the adoption process, ensuring that you are well-prepared and that all legal requirements are met.

When you are ready to start or expand your family through adoption, contact the law office of Davis, Ermis, and Roberts. Our experienced team will help you manage the entire adoption process, from beginning to end, offering the support and legal expertise you need to navigate this life-changing journey.

Contact Us Today!

Adoption can be a beautiful and rewarding experience, and is a wonderful way to build a family, but it comes with its own set of legal challenges. By understanding the potential barriers such as relinquishment issues, future contact disputes, and the fear of reclamation, adoptive parents can better prepare themselves for the journey ahead. With the guidance and support of the experienced attorneys at Davis, Ermis, and Roberts, you can navigate these challenges confidently, ensuring a smoother path to welcoming your new family member. Reach out to us today to begin your adoption journey with the assurance that you have a dedicated team by your side.