Placing My Baby for Adoption in Texas: A Complete Guide

If you are considering placing your baby for adoption in Texas, you can explore your options during pregnancy, at the hospital or after your baby is born. You can have a say in the family you choose, your hospital experience and the type of relationship you want after placement.

Texas law also sets requirements for parts of the process, including when you can sign adoption documents, how certain expenses may be covered and how birth father rights are addressed.This guide walks through the Texas adoption process, your choices and the support available along the way.

Fill out our contact form today for answers specific to your situation, an adoption professional can help you understand your options.

How Do I Place My Baby for Adoption in Texas?

The Texas adoption process generally involves creating a plan, choosing an adoptive family and completing the required legal steps after your baby is born. An adoption professional can guide you through each stage while helping you make decisions about the experience.

Step 1: Contact an Adoption Agency

A Texas adoption agency can answer your initial questions and help you begin building an adoption plan. Child-placing agencies in Texas are licensed and regulated by Texas Health and Human Services.

As you compare agencies, consider the support available throughout the entire process. Look for counseling, legal guidance, 24/7 availability, a wide selection of waiting families and continued support after placement.

Step 2: Create an Adoption Plan

Your adoption plan puts your preferences in one place so your adoption professional understands what matters to you. This may include:

• The type of adoptive family you want for your baby
• How much communication you want during your pregnancy
• Your preferences for labor, delivery and time with your baby
• The type of relationship you hope to have with the adoptive family after placement

Your preferences can also change as you move through your pregnancy and get to know the family you choose.

Step 3: Choose a Family

Prospective adoptive families complete a home study before they can be approved for placement. In Texas, this process includes interviews with household members, background checks and an evaluation of the home.

You can review profiles to learn about families’ lives, values, interests and plans for raising a child. Depending on your preferences, you may also talk with families by phone or video or meet them before deciding who you want to choose.

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Step 4: Birth and Placement

Your hospital plan can address who you want with you during labor, how much time you want with your baby and how involved you want the adoptive family to be.

Texas law also controls when the legal adoption paperwork can be completed. A birth mother generally must wait at least 48 hours after birth before signing an affidavit for voluntary relinquishment of parental rights.

Step 5: Post-Placement Life

Support can continue after your baby has been placed with the adoptive family. Depending on the professional you work with, this may include counseling, support groups and other post-placement resources.

Communication with the adoptive family may also continue through photos, calls, messages or visits based on the relationship you agreed upon. Your adoption professional can help you understand how post-adoption contact works in Texas and what to expect from your arrangement.

Can I Give My Baby Up for Adoption at Birth in Texas?

Yes. You can choose to explore adoption from the hospital after giving birth, even if adoption was not part of your original plan. An adoption professional can help you understand your options and decide what you want to happen next.

If you decide to pursue adoption, they can help you review screened families, communicate your preferences to hospital staff and coordinate the placement after the necessary legal steps are completed.

Adoption can also be explored after you have left the hospital and brought your baby home. Your circumstances may look different at that point, but an adoption professional can explain the process and help you consider a placement plan based on your situation.

What Choices Do I Have When Creating an Adoption Plan in Texas?

Your adoption plan reflects the choices that matter to you and the experience you want to have. While Texas law sets certain legal requirements for adoption, you can make decisions about the family you choose, your hospital experience and the relationships you want before and after placement. Your choices may include:

• Selecting the Adoptive Family: Decide what qualities matter to you, such as family structure, location, religion, cultural background, lifestyle or whether the family has other children.
• Pre-Placement Communication: Choose how you want to get to know the adoptive family during your pregnancy, whether through calls, texts, video chats or in-person meetings.
• Hospital Preferences: Make decisions about who you want with you during labor, how much time you want with your baby and how involved you want the adoptive family to be at the hospital.
• Post-Adoption Contact: Discuss the type and frequency of communication you hope to have after placement, which could include photos, messages, calls or visits.

Texas law determines other parts of the process, including when adoption documents can be signed and the legal requirements those documents must meet.

How Do I Find an Adoptive Family for My Baby in Texas?

Finding an adoptive family starts with deciding what qualities matter to you. An adoption agency can then show you profiles of waiting families who have completed the required screening process and align with your preferences. Before a family can adopt, they must complete an adoption home study. This typically reviews areas such as:

• Criminal and child abuse background checks
• Employment and financial stability
• The safety and suitability of the home
• Personal references and family relationships
• Physical and emotional readiness to adopt

Once families are approved, their profiles can give you a closer look at their personalities, daily lives, relationships, values, traditions and hopes for raising a child. Some agencies also offer video profiles or opportunities to speak with families you are interested in.

There is no single type of family that is best for every child. You might prioritize location, family structure, religion, cultural background, other children in the home, education, lifestyle or the kind of open adoption relationship a family is comfortable maintaining.

What Adoption Expenses and Financial Assistance Are Allowed in Texas?

Financial assistance may be available for certain pregnancy-related needs while you are considering adoption in Texas. The amount and types of assistance depend on your circumstances and must follow state rules governing adoption-related expenses.

Under Texas Penal Code § 25.08, necessary pregnancy-related expenses may be paid by a child-placing agency when they comply with Texas requirements. Depending on your needs, assistance may help with expenses such as:

• Housing and utilities
• Food and basic necessities
• Maternity clothing
• Transportation related to pregnancy and medical care
• Pregnancy and delivery-related medical expenses
• Adoption-related legal expenses

Texas child-placing agencies must follow state financial-assistance requirements and maintain records of expenses provided to birth parents. The assistance available in an individual situation can vary based on the expense and whether it meets the applicable requirements.

What Does Open Adoption Look Like in Texas?

Open adoption can give you an ongoing connection with your child and the adoptive family after placement. What that relationship looks like can vary, so you can discuss the type and frequency of communication you want while choosing a family. Common arrangements include:

• Open Adoption: Direct communication may include texts, phone or video calls, photos, social media and in-person visits throughout the year.
• Semi-Open Adoption: Updates such as photos, letters or messages may be exchanged through an adoption agency or another agreed method without sharing as much identifying information.
• More Private or Closed Adoption: There may be little or no ongoing communication after placement, with identifying information kept private.

Are Open Adoption Agreements Enforceable in Texas?

For most private infant adoptions in Texas, agreements about future contact are generally based on the birth and adoptive families’ mutual commitment rather than a legally enforceable post-adoption contract. This means an agreement about photos, calls or visits generally cannot be enforced by a court in the same way as a court order.

Texas has a separate law for certain cases involving the Department of Family and Protective Services (DFPS). Under Texas Family Code § 161.2061, a court may allow continued contact after parental rights are terminated. This law generally does not apply to private infant adoptions.

For a private adoption, discussing expectations before choosing a family can help you determine whether you agree on how often you will communicate, what types of contact you want and how that relationship may develop as your child grows.

When Can I Consent to Adoption in Texas?

In Texas, you must wait at least 48 hours after your baby is born before signing an Affidavit of Voluntary Relinquishment of Parental Rights. For the affidavit to meet Texas requirements, it must be:

• Signed no sooner than 48 hours after birth
• Witnessed by two credible people
• Verified before someone legally authorized to administer an oath, such as a notary

The affidavit must also include specific information required by Texas law, including statements explaining the parent’s rights and whether the relinquishment can be revoked. These requirements are designed to ensure the document clearly reflects the legal decision being made.

Can I Change My Mind About Adoption in Texas?

Whether you can change your mind depends on what your relinquishment paperwork says and where you are in the legal process. Texas does not have one revocation period that applies to every voluntary relinquishment.

Before You Sign

Before signing an Affidavit of Voluntary Relinquishment of Parental Rights, you can decide not to move forward with the adoption. As explained above, Texas requires you to wait at least 48 hours after giving birth before this affidavit can be signed.

After You Sign

Under Texas Family Code § 161.103, the affidavit must state whether your relinquishment is:

• Revocable
• Irrevocable
• Irrevocable for a specific period of time

If the affidavit is revocable, it must explain that you can revoke it only before the 11th day after you sign it and identify the person who must receive the revocation.

An affidavit that states it is irrevocable does not provide that same 10-day opportunity to revoke. This makes it especially important to understand which type of relinquishment you are signing and what it says about revocation.

After a Relinquishment Becomes Irrevocable

Once a relinquishment is irrevocable, simply changing your mind generally is not enough to withdraw it. The affidavit may still be challenged in court in limited circumstances involving problems with how it was obtained or whether it was legally valid.

Signing the affidavit also does not, by itself, terminate parental rights. A Texas court must ultimately enter an order terminating the parent-child relationship.

Having your own adoption attorney is important so you understand your rights, the documents you are signing and how Texas revocation rules apply to you.

Does the Birth Father Have to Consent to Adoption in Texas?

A birth father’s consent is not automatically required in every Texas adoption. His rights depend on whether he is legally recognized as the father and what steps he has taken to establish or protect those rights. Texas generally distinguishes between:

• Presumed Fathers: A man may be presumed to be the father based on circumstances such as being married to the mother when the child is born or within 300 days before the birth.
• Acknowledged or Adjudicated Fathers: Paternity may be established through a valid Acknowledgment of Paternity or a court order.
• Alleged Fathers: A man who has not established legal paternity may take steps to protect his potential rights, including registering with the Texas Paternity Registry.

For the Paternity Registry, a Notice of Intent to Claim Paternity generally must be filed before the baby is born or within 31 days after birth. Registering does not establish legal paternity, but it can protect a man’s opportunity to assert his parental rights.

If the birth father is unknown, uninvolved or does not agree with the adoption, the adoption may still be able to proceed. The steps required depend on his legal status and actions, and his parental rights may need to be formally addressed by the court before the adoption can be completed.

What if the Adoptive Family Lives Outside Texas?

You can choose an adoptive family who lives outside Texas. When your baby will be placed with a family in another state, the adoption must also follow the Interstate Compact on the Placement of Children (ICPC). Approval generally must be received before your baby can leave Texas with the adoptive family. For you, this primarily means:

• You Can Still Choose an Out-of-State Family: Living in another state does not prevent you from selecting a family who matches what you are looking for.
• The Placement Requires Additional Approval: The required adoption and placement documents are reviewed through the ICPC offices in both states.
• The Adoptive Family May Need to Stay in Texas: They generally cannot take your baby to their home state until the interstate placement receives approval.

ICPC mainly adds an extra step to the adoptive family’s placement and travel plans. It does not limit you to choosing a family who lives in Texas.

How to Choose an Adoption Professional in Texas

The adoption professional you choose can shape the support and resources available throughout your pregnancy and after placement. When comparing professionals in Texas, consider what they offer before, during and after the adoption process. Look for:

• A Wide Range of Screened Families: A larger selection gives you more opportunities to find a family who shares the qualities, values and openness preferences that matter to you.
• 24/7 Availability: Support should be accessible outside normal business hours, especially as you approach your due date or need help unexpectedly.
• Clear Financial Assistance Guidance: Look for a professional who clearly explains what assistance may be available, how expenses are handled and which Texas requirements apply.
• Respect for Your Choices: You should be able to ask questions, consider your options and make decisions without pressure to move forward with adoption.
• Continued Post-Placement Support: Ask what counseling, support groups and other resources remain available after placement and for how long.
• Firsthand Adoption Perspectives: Agencies with birth parents, adoptive families or adult adoptees on staff may offer additional insight from people who have personally experienced adoption.

Comparing these services can help you identify which professional offers the type of support you want throughout the process.

Texas Adoption Resources for Pregnant Women and Birth Parents

Texas has adoption agencies and attorneys who can provide different types of support throughout the adoption process. The resources below can help you explore adoption services and legal support available in the state.

Adoption Agencies for Birth Mothers in Texas

• American Adoptions (National): A licensed national adoption agency that works with expectant mothers in Texas, offering 24/7 support, counseling, financial assistance coordination and access to screened adoptive families across the country.
• Gladney Center for Adoption (Fort Worth): A Texas adoption agency with a long history of working with expectant parents and adoptive families. Services include counseling, adoption planning, financial assistance and post-placement support.
• Adoption Advocates (Austin, Dallas, Houston, San Antonio): A licensed nonprofit Texas adoption agency providing counseling, financial assistance, family matching and support before and after placement.
• Texas Adoption Center (Dallas and Statewide): A licensed Texas child-placing agency that works with expectant mothers across the state and provides adoption planning, financial assistance, counseling and family matching.

Adoption Attorneys in Texas

• Foster + Bloom Family Formation Law Group (Fort Worth): A family formation law firm representing expectant and birth parents, adoptive families and others involved in Texas adoption proceedings.
• Brown Pruitt Wambsganss Dean Forman & Moore, P.C. (Fort Worth): A Texas law firm with a dedicated adoption practice handling private and agency adoptions, termination of parental rights, interstate adoption and other adoption-related legal matters.

Take the Next Step Toward Placing Your Baby for Adoption in Texas

Making decisions about an unplanned pregnancy requires honest information and supportive professionals who prioritize your well-being. Exploring adoption does not commit you to a decision; it gives you the knowledge you need to determine the right path for you and your baby.

Contact an adoption professional today to ask private questions, learn how Texas statutes protect your rights and review waiting family profiles at your own pace.