When most people think of adoption, they think of a couple adopting a newborn from a young, unwed birthmother. They also think that the legal process is a simple one; however, that is rarely the case. Before a child can be adopted, the child's birthparents' legal rights must be terminated, either voluntarily or involuntarily. In addition, there are a number of steps that must occur before a child can even be placed with a family for adoption. No one understands the difficulty of adoption better than an adoptive parent. Carla Calabrese is the mother to Jack, who was adopted in 2001. 

Adoption - What are my options?

When it comes to adoption, there are a number of options available to a family.   One of the toughest decisions for a family looking to adopt is what type of adoption is best for them.

Types of Adoptions:

Domestic v. International Adoption

Domestic adoptions involve children born in the United States , whereas children in international adoptions are born and live in a foreign country before they are adopted. Often in international adoptions, the final adoption occurs in the foreign country; however, many adoptive parents wish to have the foreign adoption recognized under their state's law. The Texas Family Code was recently revised to provide a process for this legal recognition.  Calabrese Associates, P.C. is happy to assist you with your legal recognition.

Agency v. Private Adoption

In an agency adoption, a licensed adoption agency places the child with the adoptive family. A private adoption, in contrast, is where a birthmother places her child directly with the adoptive family without the intervention of an agency. However, even when an adoptive family locates their own birthmother, Texas law may require the involvement of an adoption agency.

In a private adoption in Texas , the adoptive parents must meet the birth mother and their identities are made known to the birth mother by law.  In an agency adoption, the identities could remain confidential, which is known as a closed adoption, although truly closed adoptions are pretty rare in today’s world.

In an agency adoption in Texas , an adoptive family may provide living expenses for a birth mother.  In a private adoption, only legal, medical and counseling services may be provided by an adoptive family.   The lawyers at Calabrese Associates, PC, are intimately familiar with the laws that relate to the numerous types of adoption options available to families.

Step-parent and Relative Adoptions

Adoption by a step-parent or another relative, while similar to a more traditional adoption, does have slightly different requirements. However, these adoptions still require the termination of at least one birthparent's parental rights, either voluntarily or involuntarily. Calabrese Associates, P.C. handles step-parent and relative adoptions. 

Things to Know:

Interstate Laws

When a child is born or resides in a different state than the adoptive family, there are several interstate issues involved, including which state's laws govern the legal process. As with other areas of family law, adoption and termination laws vary from state to state.

In addition, the Interstate Compact for Placement of Children (ICPC) applies and the adoptive family must comply with both states' interstate placement requirements before the child can be moved to the adoptive family's home state.

Home study

Before the adoption process can really begin, the adoptive family must have a home study performed.  A home study is required in domestic, international, and step-parent and relative adoptions.  A Cradle of Hope Adoption Center, which was founded by Carla Calabrese, can conduct a home study for a Texas resident.  Calabrese Associates, P.C. is happy to recommend an agency that can perform your home study if you reside outside of Texas .

Why Do We Need A Lawyer for Our Adoption

Unfortunately, adoption has become more of a business than anything else.  It is hard to know who to trust and who not to trust.  As the founder of two domestic agencies and one international adoption agency, Carla Calabrese can help share her vast knowledge and experiences with you.  In addition, Calabrese Associates, P.C. can be there to ask the right questions and help guide you and your family through one of the most important decisions you are going to make.    

What We Do:

Our firm handles domestic and international adoptions, agency and private adoptions, and step-parent and relative adoptions.  Calabrese Associates, P.C. provides a range of services to its clients looking to adopt, including but not limited to:

· Consultation with adoptive family to discuss the different types of adoption and what type of adoption might best fit the family;

· Recommendation of an adoption agency or agencies that might fit what the adoptive family is looking for;

· Draft termination documents and attend legal hearings;

· Draft adoption documents and attend legal hearings;

· Review legal documents between the parties to make sure that our client’s rights are fully protected;

· Assist a Texas resident with an interstate adoption in another state;

· Consultation with a colleague of Carla’s in the American Academy of Adoption Attorneys if an interstate adoption is involved; and

· If required, handle the entire adoption process for a family.

Contact Calabrese Associates, P.C. to learn more about adoption and set up a consultation with one of our attorneys.

Gestational Agreements & Assisted Reproductive Technology

In 2003, the Texas legislature enacted new laws governing surrogacy, also known as gestational agreements. These agreements, along with egg donor agreements, fall within the purview of Assisted Reproductive Technology law (ART). There are now Texas legal guidelines on what gestational agreements should contain and how they should be recognized and ratified to ensure that the intended parents are also the legal parents of the child, regardless of biology. Texas has had egg donor laws on the books for many years.

Adoption and Assisted Reproductive Technology are very complex processes that we take very seriously at Calabrese Associates, P.C. Although serious matters, it is an absolute joy for us to be able to assist couples with creating their families. Carla has been committed to adoptions and ART since she opened the firm in 1991. Please contact any of us if you need assistance with any adoption or ART-related matter.