ADOPTION CONSENT FORM
(Private‐Placement Adoption – State of Texas)
[// GUIDANCE: This template is designed for use in a private, non-agency, non-DFPS adoption of a minor child under Texas law. Practitioners MUST tailor the document to the facts of the matter, confirm compliance with the current Texas Family Code, and verify that no additional federal or state statutes (e.g., the Indian Child Welfare Act, Interstate Compact on the Placement of Children, or the Hague Adoption Convention) apply.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (N/A)
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
Parental Consent to Adoption of Minor Child – State of Texas
1.2 Parties.
(a) “[FULL LEGAL NAME OF BIOLOGICAL PARENT]” (“Biological Parent”)
(b) “[FULL LEGAL NAME(S) OF PROSPECTIVE ADOPTIVE PARENT(S)]” (“Adoptive Parent(s)”)
(c) “[FULL LEGAL NAME OF MINOR CHILD]”, born [DATE OF BIRTH] (“Child”)
(d) [OPTIONAL] “[NAME OF PLACEMENT AGENCY/ATTORNEY]”, State-licensed Child‐Placing Agency/Attorney (“Placement Professional”)
1.3 Effective Date. This Consent is effective as of [EFFECTIVE DATE] (“Effective Date”).
1.4 Governing Law and Venue. This Consent is governed exclusively by the laws of the State of Texas governing adoption proceedings (“state_adoption_law”), with exclusive venue in the [COUNTY] County district court or applicable statutory family court (“state_family_court”).
1.5 Recitals.
A. Biological Parent is the [mother/father] and sole legal [custodian/managing conservator] of the Child.
B. Biological Parent desires voluntarily, knowingly, and irrevocably (subject to statutory revocation rights) to consent to the adoption of the Child by the Adoptive Parent(s).
C. Adoptive Parent(s) desire to adopt and assume permanent parental responsibility for the Child.
D. The Parties enter into this Consent in consideration of the mutual promises herein and in conformity with Texas law.
2. DEFINITIONS
2.1 “Counseling” means pre-consent counseling delivered by a qualified professional addressing the emotional, legal, and financial implications of adoption, as required or recommended under Texas law.
2.2 “Revocation Period” means the period during which Biological Parent may withdraw this Consent, as set out in Section 3.3.
2.3 “Termination Order” means a final order terminating the parental rights of the Biological Parent, if applicable.
[// GUIDANCE: Add or delete definitions to suit the particular adoption structure.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Consent to Adoption.
(a) Biological Parent hereby gives full, unconditional consent to the adoption of the Child by Adoptive Parent(s).
(b) Biological Parent waives all further parental rights to the Child, subject only to the Revocation Period and the court’s approval of the adoption.
3.2 Statutory Timing Requirements.
(a) If the Child is a newborn, this Consent shall NOT be executed earlier than forty-eight (48) hours after the Child’s birth.
(b) If the Child is older than seven (7) days, this Consent may be executed at any time, provided that all statutory prerequisites, including required counseling, have been satisfied.
[// GUIDANCE: Verify current statutory minimum-age or waiting-period thresholds.]
3.3 Revocation of Consent.
(a) Biological Parent may revoke this Consent only by delivering a written, notarized revocation (“Revocation Notice”) to the clerk of the court with jurisdiction over the contemplated adoption.
(b) The Revocation Notice must be filed on or before the earlier of:
(i) the tenth (10th) calendar day after the Effective Date; OR
(ii) the date the petition for adoption is filed.
(c) After the expiration of the Revocation Period, this Consent is irrevocable except upon a judicial finding of fraud, duress, or material misrepresentation.
[// GUIDANCE: Statutory revocation periods can change. Confirm the exact timeline immediately before use.]
3.4 Mandatory Counseling and Informed Decision.
(a) Biological Parent confirms receipt of Counseling prior to executing this Consent and acknowledges:
(i) the permanency of adoption;
(ii) the limited grounds for subsequent revocation; and
(iii) the availability of additional counseling services at no cost for a minimum of sixty (60) days post-placement.
(b) Biological Parent either (check one):
☐ has completed Counseling; OR ☐ waives further Counseling after being fully informed of the right thereto.
3.5 Acknowledgement of Rights. Biological Parent acknowledges:
(a) the right to independent legal counsel and that, if indigent, counsel may be appointed by the court;
(b) the right to a copy of this Consent; and
(c) understanding of English [or provision of a certified translation].
4. REPRESENTATIONS & WARRANTIES
4.1 Of Biological Parent.
(a) Capacity. Biological Parent is over eighteen (18) years of age and legally competent.
(b) Sole Authority. Biological Parent has exclusive authority to execute this Consent; no other person’s consent is required except as disclosed in Schedule 1.
(c) No Consideration. No payment or thing of value, other than statutorily-permitted support or reimbursement of pregnancy-related expenses, has been offered or accepted in exchange for this Consent.
(d) Truthfulness. All information provided regarding the Child is true, complete, and accurate to the best of Biological Parent’s knowledge.
4.2 Of Adoptive Parent(s).
(a) Intent. Adoptive Parent(s) intend to file a petition to adopt the Child promptly after receipt of this Consent.
(b) Fitness. Adoptive Parent(s) meet all statutory qualifications to adopt in Texas.
4.3 Survival. The representations and warranties in this Section 4 survive execution of this Consent and the entry of any adoption order.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Cooperation. Biological Parent shall execute any additional documents and provide testimony reasonably required to effectuate the adoption.
5.2 Disclosure of Medical and Social History. Biological Parent agrees to furnish a complete medical, genetic, and social history of the Child and Biological Parent’s family, in the form attached as Schedule 2. This covenant survives the adoption decree.
5.3 Contact and Updates. Unless otherwise agreed in writing, Biological Parent shall not contact the Child or Adoptive Parent(s) after placement, except through counsel or as ordered by the court.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Biological Parent’s failure to honor the irrevocable nature of this Consent after the Revocation Period.
(b) Any material misrepresentation in the disclosures required under Sections 4 or 5.
6.2 Remedies.
(a) Specific Performance. The court may enforce this Consent by specific performance.
(b) Attorney’s Fees. The prevailing party in any action to enforce this Consent shall be entitled to reasonable attorney’s fees and costs.
(c) Cumulative Remedies. Remedies are cumulative and not exclusive.
[// GUIDANCE: Because family courts retain broad equitable powers, draft remedies that are realistic and enforceable. Monetary damages are rarely appropriate in adoption matters.]
7. RISK ALLOCATION
[NOT APPLICABLE – Indemnification and liability caps omitted pursuant to metadata.]
8. DISPUTE RESOLUTION
8.1 Governing Law. Texas law governs all questions concerning validity, interpretation, and enforcement.
8.2 Forum Selection. Exclusive jurisdiction and venue lie with the state_family_court in [COUNTY] County, Texas.
8.3 Arbitration. Arbitration is expressly waived and is not available for disputes arising under or relating to this Consent.
8.4 Jury Trial Waiver. Family-law matters in Texas are tried to the court; the parties therefore waive any right to jury trial to the extent such right may exist.
8.5 Injunctive Relief. The parties acknowledge the court’s authority to enter any injunctive or other equitable relief necessary to protect the best interest of the Child, including orders for permanent placement.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Consent constitutes the complete agreement among the parties regarding the subject matter and supersedes all prior understandings.
9.2 Amendment; Waiver. Any amendment or waiver must be in writing, signed by the party against whom enforcement is sought, and approved by the court.
9.3 Assignment. No party may assign or delegate any right or obligation under this Consent.
9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall be given full force and effect consistent with the intent of the parties and the best interest of the Child.
9.5 Counterparts; Electronic Signatures. This Consent may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., via DocuSign) are enforceable to the fullest extent permitted by Texas law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Consent as of the Effective Date.
BIOLOGICAL PARENT
[PRINT NAME OF BIOLOGICAL PARENT]
Date: ________
STATE OF TEXAS §
COUNTY OF ___ §
This instrument was acknowledged before me on the _ day of __, 20, by _______.
Notary Public, State of Texas
My commission expires: ____
ADOPTIVE PARENT(S)
[Signature lines for each adoptive parent, if required or desired for evidentiary purposes]
[PRINT NAME]
Date: ________
[PRINT NAME]
Date: ________
[// GUIDANCE: Texas law does not require adoptive parent signatures on the consent, but obtaining them may reduce evidentiary challenges.]
PLACEMENT PROFESSIONAL (Optional)
[AUTHORIZED REPRESENTATIVE]
[TITLE / LICENSE NO.]
Date: ________
SCHEDULE 1
Persons Whose Consent Is Also Required (if any)
[Insert details or write “None.”]
SCHEDULE 2
Medical, Genetic, and Social History of Child and Biological Family
[Attach completed statutory form.]
[// GUIDANCE:
1. File the executed Consent with the clerk of the family court before or simultaneously with the petition for adoption.
2. Provide certified copies to all counsel and the Placement Professional.
3. Maintain strict confidentiality under Tex. Fam. Code confidentiality provisions.
4. Review any interstate implications under the Interstate Compact on the Placement of Children (ICPC) before removal of the Child from Texas.]