Understanding Parental Rights Termination in Adoption Cases

 Posted on July 21, 2023 in Adoption

In the realm of family law, the rights of biological parents are vital, encompassing their involvement in their child's life and the authority to make decisions regarding their upbringing. Nonetheless, there are circumstances where parents may willingly relinquish or involuntarily lose their parental rights during adoption.

The Termination of Parental Rights for Adoption

In the context of adoption, the termination of parental rights is often necessary to facilitate the process. Under Texas law, a child can legally have only two parents. Hence, the termination of parental rights becomes a crucial step for adoptive parents to legally adopt a child. However, Texas courts demand a substantial burden of proof before they terminate parental rights.

Voluntary Termination of Parental Rights

Sometimes, a parent makes the selfless decision to voluntarily surrender their parental rights. When a parent realizes that they cannot provide the life the child deserves, they may choose to put the child up for adoption. While this decision is never easy, it is occasionally in the child's best interest. Additionally, a man who discovers that he is not the biological father of a child may also initiate a parental rights termination case.

Ultimately, a family court judge will have the final say in determining the termination of parental rights and the subsequent adoption.

Involuntary Termination of Parental Rights

Texas courts possess the authority to terminate parental rights and sever the parent-child relationship in specific cases. Such cases can be initiated by either parent, a person with court-ordered visitation rights, a foster parent, a prospective adoptive parent, or even family members, such as grandparents. Additionally, the Texas Department of Family and Protective Services or another governmental entity may petition the court to terminate a parent's rights.

The court will only proceed with terminating parental rights if it is deemed necessary to safeguard the child from harm and serve their best interests. For instance, if a parent has committed criminal acts against their child, subjected them to abuse or neglect, or abandoned them, the court may determine that terminating the parent's rights is the appropriate course of action.

Furthermore, parental rights may also be terminated if a newborn exhibits signs of addiction to alcohol or illicit drugs. Detecting alcohol or controlled substances in a baby's bodily fluids indicates substance use by the mother during the later stages of pregnancy.

To successfully terminate a parent's rights, the party seeking such action must present clear and convincing evidence demonstrating that the criteria for termination have been met. Evidence may encompass various forms, including photographs, videos, medical records, text messages, statements from social workers and child experts, as well as eyewitness testimonies.

Contact A Houston Adoption Attorney

We can assist if you want to terminate the other parent's parental rights over your child, if your own parental rights are in jeopardy, or if you want to adopt a child. We're here to offer you the advice and assistance you need to safeguard your child's future. For legal assistance with your case, get in touch with our Harris County adoption attorney with The Cusic Law Firm, P.C.. To schedule a free consultation, dial 713-650-1866.

Source: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm#161.001