Texas Same-Sex Adoption Ruling

A Texas appeals court ruled that a woman has the right to adopt the child born to her former lesbian partner. Texas does not recognize same-sex marriages, but the appeals court hearing this case determined that the lesbian partner can in fact adopt the couple’s child. The couple had an eight-year relationship and the biological mother gave birth to the child four years into the partnership. When the women decided to end their relationship, the non-biological mother adopted the child successfully within three years.

The biological mother fought the adoption because the Texas Family Code requires an adoptive parent of a child to be a legal spouse of the biological parent before an adoption can be granted. The court ruled that the biological mother did not challenge the adoption quickly enough, as the Texas Family Code requires such challenges to be made within six months of the adoption.

Rights and Duties of Parents

Under Texas state law, parents of children have certain rights and responsibilities. Parents have the rights to allow a child to marry, to seek dental or medical care, to enroll in the military and to undergo surgeries. In addition, parents in Texas have the rights and responsibility to:

• Provide children moral and religious training
• Care for and protect children
• Provide food and shelter for children
• Protect and discipline children
• Represent the child in any legal actions
• Inherit from the child

These are the inherent rights and duties of parents. Under Texas law, no state agency may change policies that violate these main rights and duties that parents have for their children.

Texas Adoption Rights

If a child-parent relationship ends for one or more of the child’s parents, another parent or party may adopt the child in accordance with Texas family law. If the party wishing to adopt the child is a married couple, both new parents must petition for the adoption. Because the adoption process can be very complicated, it is best to seek the assistance of professional Houston family lawyers.

A reputable Houston family attorney can assist families, parents or children who are going through issues involving family law. A qualified Houston family lawyer can advise parties of their rights in family court, can represent them every step of the way and can fight for their rights under the Texas Family Code.

If you have a family law matter, contact Houston family lawyer John K. Grubb at his office in Houston, Texas. He serves all communities throughout Houston, Texas, including Harris, Fort Bend, Montgomery, and Brazoria counties.