Transitioning from a foster caregiver to a permanent parent is a significant milestone, yet the legal steps involved often bring a mix of excitement and uncertainty. At Foster + Bloom, we partner with Texas families to navigate this process with a clear sense of direction.
Whether you are currently fostering or are just starting to explore adoption in Texas, having a knowledgeable support system is key. We regularly collaborate with adoption agencies—who offer valuable day-to-day resources and oversight—while our family-building attorneys focus on the legal framework that secures your family’s future.
Choosing an attorney means finding someone who respects the personal nature of your journey as much as they understand the Texas Family Code.
Meet Your Texas Attorneys
Eric Freeby,
Member
Why I Practice in Family Law: "There is nothing more rewarding than helping people build the families they have always dreamed of. By focusing the vast majority of my practice on adoption, alongside select work in assisted reproduction, I have the unique privilege of guiding parents through complex legal journeys. Ultimately, my goal is to help children find loving, permanent homes and provide the secure legal foundation that allows families to thrive."
Alyssa Jacobs,
Member
Why I Practice in Family Law: "Every child deserves a safe and loving home. It is an absolute privilege to help clients navigate the extreme highs and lows of their unique family building journeys."
Do You Need a Lawyer to Adopt from Foster Care in Texas?
A common question we hear is whether a private attorney is necessary when the Texas Department of Family and Protective Services (DFPS) is already managing the case. While the state provides a general framework, having your own advocate ensures that your specific interests as a prospective parent remain the priority.
In Texas, an attorney is responsible for addressing several specific legal requirements, including:
- Draft and file the official adoption petition to initiate the court process.
- Negotiate adoption subsidies to ensure your child receives the state-provided financial and medical support they are entitled to.
- File a “motion to intervene” if a child has been in your home for at least six months and there is a possibility they might be moved.
- Advocate for your family in “best interest” hearings if biological family members or other parties challenge the adoption.
These steps require more than standard paperwork; they require a partner who understands the local court systems and can prepare you for the hearings ahead.
What Does a Foster Care Adoption Attorney Do?
The role of a foster care adoption lawyer extends well beyond the courtroom. At Foster + Bloom, we handle the technical requirements so you can keep your focus where it belongs: on caring for the child in your home.
We begin by reviewing the status of the Termination of Parental Rights (TPR) to identify the most direct legal path forward. TPR is the legal prerequisite for adoption; it is the court’s official decision that the child is legally free to join a new family permanently.
Once that status is clear, we prepare and file all necessary documents to align with the Texas Family Code and your local county rules. We also serve as your primary point of contact with DFPS and any private agencies involved in your case. While agencies provide the day-to-day framework for fostering—handling your home study and training—our role is to provide the legal finality that makes that placement permanent.
Attorney vs. Agency vs. DCS: Who Does What?
Knowing which professional handles which part of your journey helps you feel prepared. The Texas DFPS (often referred to as DCS or CPS) focuses on the safety of the child and manages the foster placement and permanency planning.
While they facilitate the adoption, they do not represent you or your specific legal rights. If you are working with a private adoption agency, they serve as your primary support system for logistics, handling your home study, background checks, and parent training.
As your attorneys, Foster + Bloom steps in to provide the legal finality. While your agency and the state focus on case management and welfare, we focus on the law. We are here to ensure that your rights are protected throughout the process and that your transition to legal parenthood is secure and fully recognized by the state.
Foster Parent Rights in Texas
One of the more difficult parts of fostering is feeling like you have limited say in a child’s future. In Texas, your legal rights as a foster parent grow as your relationship with the child deepens.
Before the parental rights of the biological family are terminated, the state’s goal is usually reunification. During this time, foster parents are considered temporary caregivers.
However, if a child has lived in your home for at least six months, you may establish what is known as “standing.” Standing is the legal threshold that gives you a seat at the table. Once established, it ensures the court cannot make a final decision about the child’s future without hearing from you first.
Once the child is legally free for adoption, your role shifts to “prospective adoptive parent.” Our attorneys, including Alyssa Jacobs and Eric Freeby, understand these Texas statutes and work to ensure your evolving role is respected by the court at every stage.
What Are the Legal Requirements to Adopt from Foster Care in Texas?
Texas has specific requirements in place to ensure that every child is placed in a stable and supportive environment. To move forward with an adoption from foster care, you will generally be responsible for:
- Meet the minimum age requirement of at least 21 years old.
- Complete a home study, which involves background checks, home safety inspections, and interviews.
- Finish required training, such as the state-approved PRIDE program or an equivalent provided by your agency.
- Demonstrate the financial stability necessary to support your household and the new addition to your family.
- Provide a home for the child for at least six months prior to the finalization hearing.
Foster + Bloom works with families of all kinds, including single parents and same-sex couples. We are here to help you navigate these requirements with confidence.
Steps to Finalize a Foster Care Adoption
After the initial requirements are met, the finalization phase begins. This is the home stretch of the legal process. It starts once the court has officially ended the legal relationship between the child and their biological parents. When the child is legally free, we work with you to file the formal petition that asks the court to recognize you as the child’s permanent parent.
We then coordinate with DFPS to gather the necessary consents and secure the state’s formal recommendation for the adoption to proceed. The process concludes with a finalization hearing.
This is typically a brief proceeding where we join you in court as the judge signs the Final Decree of Adoption. Our support continues even after this milestone, as we help you secure a new birth certificate that correctly lists you as the parent.
Common Questions About Foster Care Adoption in Texas
Families often come to us with questions about the timing and costs of the process:
What happens if the biological family contests the adoption?
Contested situations are naturally stressful, which is why having experienced legal counsel is important. We represent your interests in “best interest” hearings, keeping the focus on the stable, loving environment you provide.
How long does the foster care adoption process take?
While every situation is unique, the timeline generally spans 6 to 18 months from the time a child is placed in your home, largely depending on the legal timeline for the termination of parental rights.
How much does a foster care adoption lawyer cost?
In many Texas foster care adoptions, the state provides a non-recurring adoption expense reimbursement (often up to $1,500) to help offset legal fees. We review these options with you early on to ensure the process is transparent.
Why Work With Foster + Bloom
At Foster + Bloom, family-building is our sole focus. As a law firm dedicated exclusively to this work, our Texas attorneys bring decades of experience to your adoption journey. We understand the legal steps involved in fostering, and our goal is to translate complex state policies into a clear, manageable legal plan for your family.
We partner with you, your agency, and the state to ensure your family is legally protected. Your family deserves professional, steady guidance, and we are here to help you navigate every step toward a secure future.