Adoption in Texas: What Happens if Parents Get Divorced?

Adoption is an amazing way to grow your family. You change your life and change the life of a child. According to data from the Adoption Network, there are more than 4 million people in the United States who were themselves adopted. An additional 140,000 adoptions are finalized each year.

At the same time, adoption can be a long process. What happens if things change between the parents? How does adoption work if the parents get divorced before it is finalized? The answer depends entirely on the specific circumstances of the case. Here, our Pearland adoption attorney explains what happens when a couple gets divorced.

Three Things that Could Happen if a Parents Get Divorced During the Adoption Process

1. The Adoption Process is Terminated

To start, it is important to emphasize that the adoption process may no longer move forward at all. The termination of an adoption on the basis of a divorce is a possibility if that adoption has not been finalized. Adoption agencies and courts often prefer to place children in stable home environments. Indeed, that is generally required in Texas. If the agency or a court feels that the divorce indicates instability or an unsuitable environment for raising a child, they might halt the adoption process. This decision is usually made with the child's best interest in mind. It can be heartbreaking for the parents and, potentially, the child, but it is something to be prepared to address.

2. The Adoption Process Moves Forward (Only One Parent)

To be clear, a divorce during the adoption process does not mean that the adoption will automatically be terminated. Quite the contrary, it is possible for one adult to adopt a child in Texas. In some cases, the adoption process might continue, but only with one parent. This usually happens when one parent is particularly keen on going ahead with the adoption and can prove to the court or agency that they can provide a stable and loving home as a single parent. The decision to allow a single parent to adopt might depend on various factors, including the parent's financial stability, emotional readiness, support system, and the child's needs.

3. The Adoption Process Moved Forward (Both Parents, Custody Arrangement)

Though a little less common, it is also possible for an adoption to move forward with both parents—even though they are getting a divorce. When this happens, it is especially complex as they will need to work out a viable custody arrangement as part of the adoption process. Among other things, the custody arrangement must detail how parenting responsibilities and parenting time with the child are going to be divided.

Contact Our Pearland, TX, Adoption Attorney Today

At John Powell III, P.C., our Texas family lawyer has the skills and experience to handle the full range of adoption cases. Have questions about adoption and divorce? We are here to help you find the best solution. Contact us right away to set up your strictly confidential initial case review. With a law office in Pearland, we handle adoption matters across the surrounding region.