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Navigating the adoption process as a single parent can seem daunting, but it is entirely possible and can be a fulfilling path to forming a family. At Albin Oldner Law, we understand the unique challenges and questions that single prospective parents may face. Keep reading for tips and considerations from our skilled Frisco adoption attorneys.

can you adopt as a single parent

Eligibility and legal considerations

In Texas, single individuals are legally allowed to adopt a child. The state does not discriminate based on marital status for adoption purposes. However, adoption agencies and birth parents often have the discretion to choose the adopting parent, which means single parents might face more scrutiny or longer wait times compared to married couples.

Who can be adopted

Under Texas law, a child eligible for adoption must be legally free for adoption, which generally involves the termination of parental rights. This can occur through various means:

  • Voluntary termination by both parents.
  • Consent from a biological parent for the adoption.
  • In the absence of consent, if the adoptive parent is the child’s former stepparent who has cared for the child for at least a year before the adoption.

Eligibility criteria for prospective adoptive parents

Regardless of marital status, individuals wishing to adopt must meet several qualifications to ensure they are prepared to provide a stable and loving home:

  • Age and financial stability – You must be a responsible adult, at least 21 years old, demonstrating financial stability to support a child’s needs.
  • Home study – A comprehensive home study must assess your living environment and suitability for adopting a child.
  • Background checks – A criminal history and background check must be conducted with satisfactory results to ensure the safety and well-being of the child.

Termination of parental rights

A crucial step in the adoption process involves terminating the biological parent’s rights, which can vary depending on the situation:

For non-biological parent adoptions, both parents’ rights must typically be terminated.

In cases of stepparent adoption, only the rights of the non-custodial parent need to be terminated if the custodial parent consents to the adoption.

Additional requirements

Children aged two and older are eligible for adoption under these circumstances, and those aged 12 or older must also provide their consent, either in writing or verbally in court.

The child must be physically present in Texas when the adoption petition is filed, regardless of their legal residence.

Choosing the right path to adoption

Single parents can explore several avenues for adoption, including but not limited to:

(H3) Private adoption

This type often involves adopting newborns directly through agreements with the birth parents. These arrangements are usually facilitated by an attorney or an adoption agency to ensure that all legal requirements are met for a smooth transition.

International adoption

If you’re considering reaching across borders, international adoption agencies can connect you with children of various ages worldwide. Though many children available for international adoption are infants and toddlers, older children are also in need of loving homes.

Adoption through Child Protective Services (CPS)

For those who feel called to adopt domestically and are open to children who may have faced challenging starts, CPS adoptions involve children of all ages who have been removed from their homes due to abuse, neglect, or abandonment. Adopting through CPS is a way to provide a stable, loving environment for a child in need.

Navigating challenges of single-parent adoption

Addressing social stigma

Single parents may face societal biases or stigma when adopting. Being prepared to address these concerns constructively and confidently with agencies, birth parents, and even within your social circles is important.

Preparing for parenthood

As a single parent, you’ll be taking on the roles of both mother and father. Preparing for this dual role involves understanding the full spectrum of parenting responsibilities, from emotional support to practical care.

Legal support from Albin Oldner Law

At Albin Oldner Law, we are committed to helping single parents through their adoption journey by providing expert legal guidance and support. Whether you’re navigating the adoption process, understanding Texas adoption laws, or preparing your home study, our experienced attorneys, including Nicole Martin and Matthew Davis, are here to make your journey to single parenthood as smooth as possible.

If you’re considering adoption as a single parent and need legal advice or assistance, please don’t hesitate to contact us. We’re here to support you every step of the way in expanding your family through adoption.

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