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Family Law
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Texas Adoption
Information
STATUTORY RESTRICTIONS ON CHILD PLACING
It is a third-degree felony for a person to accept, offer to accept, or agree to accept a thing of value for the delivery of a child under eighteen years of age to another or for possession of a child under eighteen years of age by another for purposes of adoption or for a person to give, offer to give, or agree to give a thing of value to another for acquiring or maintaining the possession of a child under eighteen years of age for the purpose of adoption.
Texas Penal Code Ann. §
25.08(a), (c) (Vernon 1994). It is an exception to the application of section
25.08 if the thing of value IS A FEE PAID TO A CHILD-placing agency as authorized by law, a fee paid to attorney or physician for services rendered in the usual course of practice, or a reimbursement of legal or medical expenses incurred for the child’s benefit. Texas
Penal Code §
25.08(b).
A person who is not the natural or adoptive parent of the child, the legal guardian of the child, or a licensed child-placing agency commits a Class B misdemeanor if that person serves as an intermediary between a prospective adoptive parent and the expectant parent(s) to identify the parties to each other or places the child for adoption.
Texas Family Code Ann. § 162.025 (Vernon Supp. 2001). This penalty is in addition to that provided under chapter 42 of the Texas Human Resources Code. No person may operate a child-placing agency unless licensed.
Texas Human Resources Code Ann. § 42.041(a) (Vernon Supp. 2001). Human Resources Code section
42.075 provides for civil penalties, and section
42.076 provides for criminal penalties.
The Texas Department of Protective and Regulatory Services is responsible for setting standards and issuing licenses to anyone desiring to place a child or plan for the placement of a child for adoption, unless he is the child’s natural parent or legal guardian. The licensing division of the department considers planning for placement to include those activities purposefully performed to facilitate or arrange an adoptive placement. Examples include, but are not limited to, serving as an intermediary between an adoptive couple and a parent who desires placement of his or her child, making placement arrangements for a child in need of substitute care, taking steps to file a petition for managing conservatorship of a child with the intent to place the child in a adoptive home, and bringing together potential adoptive parents with an expectant mother or other parent who wants to place his or her baby. Technically, any assistance in making the arrangements for adoptive placement, other than providing strictly legal services, could be construed as planning for placement. It is not a violation for a professional who does not assist in the placement to provide legal or medical services to the biological or adoptive parents.
Texas Human Resources Code § 42.076(d).
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