NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
1.Date of Hearing
On [date] the Court heard this case.
2.Appearances
Appearances
Petitioner[s], [name[s]], appeared in person and through attorney of record, [name], and announced ready for trial.
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Include those of the following that are applicable. |
Other parties appearing were [names of other persons appearing].
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And/Or |
2.C.Child[ren] 12 or Older
The child[ren] to be adopted who [is/are] twelve years of age or older attended the hearing.
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And/Or |
2.D.Ad Litem/Amicus
Also appearing was [name], appointed by the Court as [guardian ad litem/attorney ad litem/amicus attorney] for the child[ren] the subject of this suit.
3.Jurisdiction
Jurisdiction
The Court, after examining the record and hearing the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. All questions of fact and of law were submitted to the Court. All persons entitled to citation were properly cited.
4.Record
Record
4.A.Waived
§ 105.003(c)
The making of a record of testimony was waived by the parties with the consent of the Court.
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Or |
4.B.Reporter
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
5.Child[ren]
Child[ren]
The Court finds that the child sought to be adopted in this suit is a [male/female] child born on [date] and now residing with Petitioner[s]. [Include if applicable: The home state of the child is [specify].]
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Repeat above information for each additional child. |
6.Eligibility for Adoption
§ 162.001
Eligibility for Adoption
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Select one of the following. |
The Court finds that the child[ren] [has/have] no living parent and no living alleged or probable father whose parental rights have not been terminated by final judicial order.
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Or |
The Court finds that the parent-child relationship has been terminated as to [name], a parent of the child[ren]. The Court further finds that the child[ren] [is/are] at least two years old and that Petitioner [is the former stepparent of the child[ren]/has been a managing conservator of the child[ren]/has had actual care, possession, and control of the child[ren] for at least six months]. [Include 12.C. below for nonterminated parent’s consent.]
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Or |
The Court finds that the parent-child relationship has been terminated as to [name], a parent of the child[ren]. The Court further finds that the child[ren] [is/are] at least two years old. The Court further finds that Petitioner is the former stepparent of the child[ren] and has [been a managing conservator of the child[ren]/had actual care, possession, and control of the child[ren] for at least one year].
7.Residence with Petitioner[s]
§ 162.009
Residence with Petitioner[s]
7.A.Requirement Fulfilled
The Court finds that the child[ren] [has/have] lived in the home of Petitioner[s] for at least six months.
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Or |
7.B.Requirement Waived
The Court finds that the child[ren] [has/have] not lived in the home of Petitioner[s] for at least six months but that the best interest of the child[ren] is served by waiver of this residence requirement.
IT IS THEREFORE ORDERED that the six months’ residence requirement is waived.
8.Adoption Evaluation
§§ 162.003, 107.153, 107.158–.160
Adoption Evaluation
The Court finds that the required adoption evaluation, including postplacement reports, has been performed and is on file herein. The Court finds that the adoption evaluation meets the requirements of the Court.
9.Health, Social, Educational, and Genetic History Report
§ 162.008
Health, Social, Educational, and Genetic History Report
9.A.Report Filed
§§ 162.006(e), 162.008(b)
The Court finds that the health, social, educational, and genetic history report concerning the child[ren] was submitted to the adoptive parents before the placement of the child[ren] and that a copy of that report has been signed by the adoptive parents and is on file in the record of this case. [Include if applicable: The Court further finds that a certificate from the Department of Family and Protective Services acknowledging receipt of the report is in the file.]
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Or |
9.B.Report Waived
The Court finds that the preparation and filing of the health, social, educational, and genetic history report concerning the child[ren] has been waived by this Court. The requirement of submission of the report to the child[ren]’s adoptive parents is waived.
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Or |
9.C.Report Not Required
The Court finds that the preparation and filing of the health, social, educational, and genetic history report concerning the child[ren] is not required by section 162.005 of the Texas Family Code.
10.Criminal History Record Information
§ 162.0085
Criminal History Record Information
The Court finds that the criminal history record information required for [name[s]] is on file in the record of this case.
11.Interstate Compact
§ 162.002
Interstate Compact
The Court finds that Petitioner[s] [has/have] filed a verified allegation or statement regarding compliance with the Interstate Compact on the Placement of Children as required by section 162.002 of the Texas Family Code.
12.Consent[s]
Consent[s]
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Select as applicable. |
12.A.Managing Conservator
The Court finds that the managing conservator has consented to this adoption by written consent on file in this case.
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And/Or |
12.B.Child[ren] 12 Years or Older
12.B.1.Consent[s]
The Court finds that the child[ren] to be adopted who [is/are] twelve years of age or older [has/have] given consent to this adoption.
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Or |
12.B.2.Waiver
The Court finds that it is in the best interest of the child[ren] to be adopted who [is/are] twelve years of age or older to waive the requirement of the child[ren]’s consent.
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And/Or |
The Court finds that the parent with existing parental rights has consented to this adoption by written consent on file in this case.
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If one parent retains rights following the adoption, parental rights and duties should be allocated. See form 40-6 for language to be inserted after 14.B. |
13.Waiver of Attendance
§ 162.014
Waiver of Attendance
Attendance by [name[s] of person[s] whose attendance is excused] was for good cause waived.
14.Adoption Granted
Adoption Granted
The Court finds that all prerequisites and requirements for adoption have been met and that the adoption is in the best interest of the child[ren]. IT IS ORDERED that the adoption of the child[ren] the subject of this suit by Petitioner[s] is GRANTED and that the parent-child relationship is created between the child[ren] and Petitioner[s] for all purposes.
14.A.Child[ren]’s Name[s]
§ 162.016(c)
IT IS FURTHER ORDERED that the name of the child the subject of this suit [include if applicable: who was born on [date]] [is changed to/shall remain] [first, middle, and last names].
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Repeat for each additional child and identify by sex or birth date if more than one child. |
14.B.Citizenship (Recommended)
The Court finds that the child[ren] adopted [is a/are] citizen[s] of the United States of America.
15.Transmitting Report; Sealing Files
Report Transmitted[; Files Sealed]
IT IS FURTHER ORDERED that the clerk of this Court shall, after entry of final orders in this case, transmit to the vital statistics unit at Austin, Texas, a certified report of adoption in accordance with section 108.003 of the Texas Family Code. [Include if applicable: All papers and records in this case, including the minutes of the Court, are ordered sealed.]
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Include 16. If applicable. |
16.Ad Litem/Amicus for Child[ren]
The Court finds that [name of attorney or professional] has satisfactorily discharged all of [his/her] duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that [he/she] is hereby discharged and relieved of any further rights, duties, and responsibilities in this case. IT IS FURTHER ORDERED that [name of attorney or professional] is awarded [number] dollars ($[amount]) as [legal/professional] fees for services rendered as [guardian ad litem/attorney ad litem/amicus attorney]. [Include if applicable: The Court finds that these fees are necessaries for the benefit of the child[ren].] These fees are taxed as costs, and [name], [Petitioner/[designation of other party]], is ORDERED to pay the fees to [name of attorney or professional] by cash, cashier’s check, or money order on or before [date]. [Name of attorney or professional] may enforce this order for fees in [his/her] own name.
17.Relief Not Granted
•Required in All Orders
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
18.Date of Order
Date of Order
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Select one of the following. |
SIGNED on ___________________________________.
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Or |
This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ________________________.
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Continue with the following. |
JUDGE PRESIDING
19.Approvals
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Include the following in all orders unless there is a motion to sign order. |
APPROVED AS TO FORM ONLY:
[Name]
Attorney for Petitioner
State Bar No.: [if applicable]
[E-mail address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for [name of other party]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Include the following if applicable. |
[Name]
[Guardian Ad Litem/Attorney Ad
Litem/Amicus Attorney]
State Bar No.: [if applicable]
[E-mail address]
[Address]
[Telephone]
[Fax]
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If the parties agree to all the terms of the order and do not intend to appeal, include the following. |
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
[Name of petitioner]
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Repeat for any additional petitioner. |
[Name of other party]
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Ensure that the certificate of adoption (form 53-28) is sent to the vital statistics unit with the appropriate fee. |
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Obtain certified copies of the order promptly for future use for passports, Social Security, and so forth. |