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Adoption profoundly changes lives, bringing new families together and offering new beginnings.

Understanding Adoption in Texas

Adoption is a legal process that makes a child a permanent member of a new family.

In Texas, birth parents and people who want to adopt can choose from different types of adoption. Each type has its own steps, requirements, and emotional challenges.

Private vs. Foster Adoption

Before learning about the adoption process, it helps to understand the difference between private adoption and foster adoption. Knowing these types of adoption can help you decide which is the right choice for you.

Private Adoption

In a private adoption, a birth mother may choose an adoptive family through an adoption agency, adoption law center, or private attorney. Private adoptions are often limited to the adoption of newborns.

Typically, during private adoptions, only the private agency, birth mother and adoptive parents are part of the adoption process. Most of the information on this page is about private adoption.

Foster Adoption

In foster adoption, a child has usually been removed from the home by the Texas Department of Family and Protective Services (DFPS) and placed in foster care because of safety concerns.

Foster care gives children who are unable to live with their biological parents or other family members a safe place to live until they can return to their parents’ home or find a permanent home.

DFPS first works with families to return the child to a parent or parents. If that’s not possible, DFPS works to find an alternative family (preferably one related to the child) to adopt or accept legal custody of the child. To learn more, visit DFPS - Adoption .

The Private Adoption Process

Adopting a child takes time. The adoption process prepares adoptive families for their new responsibility and ensures the well-being and best interests of the child. Understanding each phase can help prospective adoptive parents navigate the process with clarity and purpose.

When adopting a child, you can generally expect to go through these steps:

  • Orientation
  • Home study
  • Matching
  • Pre-placement
  • Placement and post-placement supervision
  • Adoption finalization
  • Post-adoption counseling

Orientation

Most adoption agencies offer orientation meetings where you can learn more about their specific program, services, and requirements.

Home Study

After you apply, the agency will perform background checks and a home study before you can be approved to adopt. The home study is the agency’s way of getting to know you and making sure your home is safe and appropriate for a child.

Matching

Once approved, the agency may ask you to sign a contract and will start looking to match you with a child. In an “open” adoption, you will meet the birth parents and maintain contact based on your agreed-upon guidelines. In a “closed” adoption, you will get general information about the birth family, but you will not meet them or get identifying information.

Pre-Placement

The agency should provide you with information about the child and the family's background before you decide whether to accept that child for adoption. While waiting to be matched with a child, you can expect the agency to provide you with training and support.

Placement and Post-Placement Supervision

Don't be rushed into a decision, and don't be afraid to voice concerns at any point before the adoption is finalized. Before the adoption is finalized, the agency must keep in contact with you (usually for six months) to make sure the placement is successful. Ask the adoption agency about their plans for post-placement supervision and support.

Adoption Finalization

There are legal requirements for finalizing the adoption, including the termination of the birth parents’ rights. Most licensed adoption agencies have an attorney on staff, and you may hire your own attorney. After the adoption is finalized, adoption agencies are required to offer direct counseling services or referrals to the adoptive child and adoptive parents.

Adoption Agencies

Adoption agencies offer many services to help connect birth mothers with families looking to adopt. These services can include:

  • After-delivery adoption.
  • Counseling and support groups both before and after adoption.
  • Counseling for unplanned pregnancies.
  • Education about childbirth.
  • Help with creating an adoption plan.
  • Help with housing and living costs.
  • Legal help.
  • Medical care related to pregnancy.

How to Choose an Adoption Agency

We know it can be difficult to choose an adoption agency. Here are some tips to help you pick a licensed adoption agency:

  • Research agencies: Use Texas Child Care Search to look at agencies and their records.
  • Make sure the agency is reliable. Get a report on the reliability of the agencies you're considering. Search the Better Business Bureau for reliability reports.
  • Evaluate agency qualifications. Ask each agency for a detailed list of what they require from adoptive parents.
  • Request written information. Agencies should give you written details about their services, financial policies, legal requirements for adoption, and adoption registries.
  • Review financial policies. Make sure you fully understand the agency’s financial policies, as fees and refund policies differ and can cause disputes.
  • Prepare questions. Write down questions to ask each agency about their services, policies and record of compliance.
  • Review contracts. Ask for and go over any contracts you might need to sign with the agency. You might want to talk to a lawyer before signing. To find legal help in your area, visit Texas Law Help.

How Adoption Agencies are Regulated

Adoption agencies may be held to different regulations based on the area they operate in and the types of services they provide.

In Texas, any agency that conducts home studies must be licensed as a “child-placing agency” by the Residential Child Care Licensing division of the Health and Human Services Commission.

They check to make sure these agencies follow the rules for:

  • Approving adoptive families.
  • Placing children.
  • Helping families from the time a child is placed with them until the adoption is finalized.

Residential Child Care Licensing checks on how these agencies operate, but they are not involved in the legal side of adoption.

To learn more about the specific rules for adoption agencies, read:

What Resources Are Available?

Information for Birth Mothers

To find more information for birth mothers, visit the Adoption Information for Birth Mothers page.

Information for Adoptive Parents

To find more information for adoptive parents, visit the Adoption Information for Adoptive Parents page.

International Adoption

Agencies work with children of all ages, although many of those children are infants and toddlers. To learn more about international adoptions, visit the U.S. Department of Homeland Security.

Related Resources

Texas Adoption Resource Exchange
DFPS Adoption page
Children’s Bureau
Minimum Standards for Child Placing Agencies (PDF)