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.]
Original Petition for Adoption of [a] Child[ren]
1.Discovery
TRCP 190.1
1.Discovery
Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]
Preservation of Evidence: Respondent is put on notice to preserve and not destroy, conceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online repositories, or cell phone.
2.Petitioner[s]
§§ 102.003, 102.005, 102.006, 102.008, 162.001, 162.002; TCPRC § 30.014
2.Petitioner[s]
2.A.Identity
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If married, both spouses must join in the petition. Tex. Fam. Code § 162.002(a). |
This suit is brought by [name] and [name], Petitioners, who are spouses.
[The last three numbers of [name of first petitioner]’s driver’s license number are [numbers]./[Name of first petitioner] has not been issued a driver’s license.] [The last three numbers of [name of first petitioner]’s Social Security number are [numbers]./[Name of first petitioner] has not been issued a Social Security number.] [Repeat statements for second petitioner.]
This suit is brought by [name], Petitioner.
[The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]
2.B.Relationship to Child[ren]
2.B.1.Petitioner[s] Not Related to Child[ren]
Petitioner[s] [is/are] not related to the child[ren] the subject of this suit.
2.B.2.Petitioner[s] Related to Child[ren]
Petitioner[s] [is/are] the [relationship] of the child[ren] the subject of this suit.
3.Jurisdiction
§§ 102.002, 102.008(b)(1), 155.001, 155.101
3.Jurisdiction
3.A.Subsequent Action by Court with Continuing, Exclusive Jurisdiction
This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of the child[ren] the subject of this suit as a result of prior proceedings.
3.B.Jurisdiction under Section 103.001(b)
This Court has jurisdiction of this suit under section 103.001(b) of the Texas Family Code.
4.Interstate Placement Information
§ 162.002
•Required
4.Interstate Placement Information
A verified allegation or statement complying with section 162.002 of the Texas Family Code is attached to this petition and incorporated for all purposes.
5.Child[ren]
§ 102.008(b)(2)
5.Child[ren]
Petitioner[s] seek[s] to adopt the following child[ren]: a [male/female] child born on [date] in [city], [county] County, [state] and now residing with Petitioner[s].
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Repeat above information for each additional child. |
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Or |
§ 102.005(4)
Petitioner[s] seek[s] to adopt the following child[ren]: a [male/female] born on [date] in [city], [county] County, [state] who is the sibling of a child that Petitioner[s] [[has/have] adopted/[is/are] the foster parent[s] of and [has/have] petitioned the Court to adopt].
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Repeat above information for each additional child. |
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Continue with the following. |
Adoption by Petitioner[s] is in the best interest of the child[ren].
6.Court-Ordered Relationships
6.Court-Ordered Relationships
There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child[ren] the subject of this suit.
6.B.Court-Ordered Relationships
§ 102.008(b)(5)–(7)
Persons having a court-ordered relationship with the child[ren] the subject of this suit are:
Name:
Relationship:
•Service
§ 102.009
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If 6.B. was used, select one of the following. |
1.Personal
Process should be served [include if applicable: at [address, city, state, zip code]].
2.Waiver
No service is necessary at this time.
3.Substituted
§ 102.010
Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].
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Repeat 6.B. for each additional person having a court-ordered relationship with the child(ren). |
7.Property
§ 102.008(b)(9)
7.Property
7.A.No Property
No property of consequence is owned or possessed by the child[ren] the subject of this suit.
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Or |
7.B.Property
The following property is owned or possessed by the child[ren] the subject of this suit and is valued as stated: [describe and state value of property for each child].
8.Protective Order Statement
§ 102.008(b)(11)
8.Protective Order Statement
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Select 8.A. if no order is in effect and no application is pending. Include 8.B. if one or more orders are in effect. Include 8.C. if one or more applications are pending. |
8.A.No Order or Pending Application
No protective order under title 4 of the Texas Family Code, protective order under subchapter A of chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.
[Include as applicable: A protective order under title 4 of the Texas Family Code/A protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]
An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emergency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]
9.Eligibility for Adoption
9.Eligibility for Adoption
9.A.No Living Parents
§ 162.001(b)(1)
The child[ren] sought to be adopted [has/have] no living parents.
9.B.Termination of Parents
§ 162.001(b)(1)
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If the adoptive parents will see this petition, it may be preferable not to identify the termination decree; in that case, the termination decree should be among the papers filed with the court to demonstrate the prior termination. |
The parent-child relationship has been terminated as to each living parent of the child[ren] the subject of this suit.
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Include the following if applicable. |
The parent-child relationship, if any, between the child[ren] the subject of this suit and any man who has failed to register with the Texas Paternity Registry or whose paternity has not been adjudicated has been terminated.
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If one parent retains parental rights following the adoption pursuant to 9.C. or 9.D., a request for conservatorship should be included in the petition. See form 40-1. |
9.C.Nonterminated Parent Consents
§ 162.001(b)(3)
The [child is/children are] at least two years old, and the parent-child relationship has been terminated as to [name], a parent of the child[ren]. 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 preceding the adoption]. [Name], the parent of the child[ren] whose rights have not been terminated, consents to the adoption.
9.D.Petitioner Former Stepparent
§ 162.001(b)(4)
The [child is/children are] at least two years old, and the parent-child relationship has been terminated as to [name], a parent of the child[ren]. 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 preceding the adoption].
10.Residence Requirement
§ 162.009
10.Residence with Petitioner[s]
10.A.Fulfilled
The child[ren] the subject of this suit will have lived in the home of Petitioner[s] for at least six months when this case is heard.
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Or |
10.B.Waiver Requested
The child[ren] the subject of this suit will not have lived in the home of Petitioner[s] for six months when this case is heard. Waiver of the requirement of six months’ residence with Petitioner[s] would be in the best interest of the child[ren].
11.Consent[s]
§§ 162.010, 162.001(a)(3)
11.Consent[s]
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Select as applicable. |
11.A.Managing Conservator
The written consent of [name], the managing conservator, will be filed with the Court.
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And/Or |
11.B.Child[ren] 12 or Older
The written consent of the child[ren] twelve years of age or older [is attached as Exhibit [exhibit number/letter]/will be filed with the Court].
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Or |
The child[ren] twelve years of age or older will appear in Court and acknowledge consent to the adoption.
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Or |
It would be in the best interest of the child[ren] twelve years of age or older to waive the requirement of the child[ren]’s consent.
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And/Or |
11.C.Nonterminated Parent
The written consent of [name], the parent with existing parental rights, will be filed with the Court.
12.Adoption Evaluation
§§ 162.003, 107.153, 107.158–.160
•Required in All Adoption Suits
12.Adoption Evaluation
Petitioner[s] request[s] the Court to order the performance of an adoption evaluation as required by the Texas Family Code.
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Omit 13. if the adoption is by the child’s grandparents, stepparent, or aunt or uncle by birth, marriage, or prior adoption. |
13.Health, Social, Educational, and Genetic History Report
§§ 162.007–.008
13.Health, Social, Educational, and Genetic History Report
13.A.Information Available
Petitioner[s] request[s] the Court to order the department, authorized agency, parent, guardian, or person who placed the child[ren] for adoption to file a copy of [the/each] health, social, educational, and genetic history report in the record.
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Or |
13.B.Information Not Available
Petitioner[s] request[s] that the Court issue an order waiving the required preparation and filing of a report on the health, social, educational, and genetic history of the child[ren] because neither of the child[ren]’s biological parents can be located and there is not sufficient information available to compile the report.
14.Child[ren]’s Name[s]
14.Child[ren]’s Name[s]
Petitioner[s] request[s] that the name of the child the subject of this suit [include if applicable: who was born on [date]] [be changed to/remain] [full name].
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Repeat for each additional child and identify by sex or birth date if more than one child. |
15.Sealing of Records
§ 162.021
15.Sealing of Records
Petitioner[s] request[s] the Court to order the sealing of the file and the minutes of the Court.
16.Waiver of Attendance
§ 162.014
16.Waiver of Attendance
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Select as applicable. |
Petitioners request that the Court waive the requirement that both Petitioners attend the hearing. It would be unduly difficult for [name] to appear because [state facts].
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And/Or |
It would be in the best interest of the child[ren] twelve years of age or older that [his/her/their] attendance at the hearing be waived, and Petitioner[s] request[s] the Court to do so.
17.Prayer
•Required in All Petitions
17.Prayer
Petitioner[s] pray[s] that citation and notice issue as required by law. Petitioner[s] pray[s] that the Court enter its order in accordance with the allegations of this petition.
Petitioner[s] pray[s] for general relief.
[Name]
Attorney for Petitioner[s]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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Attach any affidavits, statements, or exhibits as required by the pleadings. If applicable, attach death certificate(s) of parent(s). |
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For affidavit regarding interstate placement information, see form 53-25. |
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For waiver of citation and consent to adoption by managing conservator or nonterminated parent, see form 53-18. |
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For affidavit for citation by publication, see form 53-11; for affidavit for citation by other substituted service, see form 8-23. |
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For consent by child to adoption, see form 53-19. |
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For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18. |