Monday, September 22, 2008
Criminal Laws Regarding Adoption
In Texas, an attorney cannot help prospective adoptive parents locate a child for adoption. Moreover, prospective adoptive parents may not advertise in the public media for a child. It is a Class B misdemeanor for a person to serve as an intermediary in the identification of a birth mother who may desire to place a child for adoption. Importantly, one must be extremely careful regarding the providing of any financial assistance whatsoever to a birth mother, because it is illegal (at least a third-degree felony – 2 years to 10 years in prison), among other things, in Texas to offer to give, agree to give, or give a thing of value to another for acquiring a child for the purpose of adoption. The Sale or Purchase of a Child provisions, and the provisions regarding serving as an intermediary in the identification of a birth mother, of Texas’ penal statutes are very broad, so you will want to consult an attorney about any contemplated arrangement before taking action of any kind.