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The Private Adoption Process

In a private adoption, a birth mother may choose an adoptive family through an adoption agency, adoption law center or private attorney. If you’re considering adoption placement, understanding the steps involved can help you make the best decision for you and your child. Here’s what to expect:

Meeting with an Adoption Professional

A licensed adoption agency, social worker or adoption attorney can explain how adoption works in Texas and what your options may be. They can also answer questions about timing, paperwork and support services.

Making an Adoption Plan

An adoption plan is a plan for what you want to happen before and after birth. For example, you can choose the type of adoption you want, such as open, semi-open or closed. You can also choose the adoptive family.

Choosing Adoptive Parents

If you decide to move forward, you can review profiles of adoptive families and choose the family you feel is the best fit for your child and your wishes.

Birth and Placement

Before delivery, ask your adoption professional what to expect at the hospital. You may want to ask who can be with you, what happens after birth and when placement decisions are made.

Relinquishment and Consent

You will need to sign consent and relinquishment forms after birth to give up parental rights. In Texas, you generally can’t sign these documents giving up parental rights until at least 48 hours after birth.

Post-Adoption Support

Support may still be available after placement. Thriving Texas Families providers can offer counseling, educational materials and help finding a mental health professional. 

Determining if Adoption is Right for You

Adoption is a personal decision, but you don’t have to make it alone. It may help to talk with a counselor during pregnancy. A neutral professional can help you work through your thoughts and feelings before you make a decision. 

If you’re considering adoption, a licensed adoption agency, social worker or adoption attorney can give you more information about the process in Texas and explain what choices may be available to you.

Talking with Friends and Family 

You don’t have to tell everyone about your decision right away. You may want to start by talking with one or two people you trust. Choose people who will listen, stay calm and support you while you think through your options. Open and honest conversations can help you feel less alone, but it’s also okay to keep this decision private while you figure out what is best for you. 

Some friends or family members may not know much about adoption. They may ask questions or make comments that feel upsetting, even if they mean well. It can help to keep your explanation simple. It may also help to prepare for personal questions ahead of time. If you want help having these conversations, a counselor, social worker or adoption professional may be able to support you. Counseling can give you space to work through your feelings, think about your options and decide how to talk with the important people in your life when you’re ready.

Understanding Your Rights as a Birth Mother 

It’s important to understand your rights before you sign any paperwork. 

Relinquishing Parental Rights 

To relinquish your parental rights, you will need to sign different documents or consent forms. In Texas, you usually can’t sign any documents giving up parental rights until at least 48 hours after birth. 

Revocation Period 

The revocation period explains how long you have to change your mind and is based on your adoption agreement. In some cases, you may have a revocation period, and in other cases you may not. After the revocation period, changing the outcome can be very difficult. 

If you have questions about your rights or paperwork, Texas Law Help offers free legal information for Texans, including family law resources.

Resources for Birth Mothers

Birth mothers can't receive payment for adoption, but they can receive help with essential living and medical expenses. You may be eligible for assistance with pregnancy-related expenses or support services after birth. This can include housing, medical care, mental health services and legal fees. To learn more about financial support options, contact your adoption agency.

Texas Safe Haven (Baby Moses) Law

Texas has a Safe Haven Law, sometimes called the Baby Moses Law. This law is for a parent who can’t care for a newborn and needs a safe, legal and anonymous way to surrender the baby. This is different from making an adoption plan through an agency.  

Under this law, a parent may surrender an unharmed infant who is 60 days old or younger. A baby may be surrendered at certain approved places, including hospitals, fire stations and emergency medical service stations. Some locations may also have a newborn safety device, sometimes called a baby box, that alerts staff right away. 

To use Safe Haven, you must hand the baby to an employee at one of the approved locations and say that you are surrendering the baby under the Safe Haven Law or use a newborn safety device if one is available. After that, the provider must notify the Department of Family and Protective Services by the close of the next business day. Because this is a permanent decision, it may help to talk with a counselor, hospital staff member or adoption professional before choosing this option. To learn more about the Texas Safe Haven Law, visit the Department of Family and Protective Services website. visit the Department of Family and Protective Services website.