Losing parental rights can be heartbreaking and overwhelming. Sometimes, though, life changes. You may wonder if there is any way to reconnect legally with your child.
If your parental rights were terminated in Texas, is it possible to adopt your child again?
The answer is yes — but only in very limited circumstances. While this type of readoption is rare, Texas law allows for the possibility if certain strict conditions are met. With the support of a skilled Texas family law attorney, especially one familiar with the adoption process, you may be able to pursue this path and reunite with your child.
Here’s what you need to know about trying to adopt your child after your rights have been terminated.
What is Termination of Parental Rights in Texas?
Termination of parental rights means that a parent no longer has any legal rights or responsibilities to their child.
This includes rights to custody, visitation, and decision-making. In Texas, termination can occur in one of two ways:
- Voluntary termination, where a parent agrees to relinquish their rights.
- Involuntary termination, where a court orders termination due to issues like neglect, abuse, alienation, substance use, or abandonment.
Once these rights are terminated, reinstating them is extremely difficult. Courts make these decisions based on the best interests of the child, not the desires of the parent. That said, there are unique situations where reinstating parental rights or adopting your child again in Texas may be possible.
Is It Possible to Re-Adopt Your Child in Texas?
Yes — but only in rare and specific situations. According to Chapter 161, Subchapter D of the Texas Family Code, a former parent may seek adoption of their biological child after termination of rights if certain criteria are met.
Some common factors that may support a successful readoption include:
- Changed Circumstances. Courts will require you to demonstrate significant, lasting improvements in your life. This might include maintaining long-term employment, securing stable housing, completing rehabilitation or counseling, and staying out of legal trouble.
- Best Interests of the Child. Texas courts always prioritize the child’s welfare above all else. You’ll need to provide compelling evidence that adoption by you is in your child’s emotional, physical, and developmental best interests.
- Demonstrated Parental Fitness. You must show that you are capable of providing a safe, loving, and stable home environment. Letters from counselors, teachers, caseworkers, or therapists may support your case.
What Steps Are Involved in Re-Adopting Your Child After Parental Rights are Terminated?
If you are hoping to adopt your child after termination, you’ll likely need to:
- File a new adoption case.
- Pass a background check.
- Complete a home study.
- Show evidence of changed circumstances.
- Prove that adoption is in the child’s best interest.
However, the court has the final say even if all requirements are met. It is important to have an experienced Texas family law attorney who can help you win the case in the child’s best interest.
Challenges You Might Face
It’s important to know that this process is not easy. Courts take termination seriously and only in rare cases allow re-adoption by the former parents. Reinstatement of their rights is subject to investigation and legal processes. Some obstacles you may encounter include:
- Opposition from child protective services.
- An existing adoption plan with another family.
- Strict scrutiny of your current lifestyle.
Because of these challenges, you should work closely with a trusted family law attorney who can guide you.
Contact a Bryan, Texas Family Law Attorney Today
C.E. Borman & Associates understand how important family is. Our legal team is committed to helping parents who have turned their lives around reconnect with their children when possible. Based in Bryan, Texas, we handle many family law matters with compassion and care.
If you’re ready to explore the possibility of re-adopting your child in Texas or want to better understand your rights after termination, contact C.E. Borman & Associates for a confidential consultation.
Let our team help you navigate this emotional and challenging legal process — and fight for a second chance at parenthood.
