The default period to revoke consent to adoption in Texas is 10 days. There are multiple revocation periods for adoption in Texas. What period applies depends on the specific circumstances.
Texas Adoption Revocation Period
Texas Family Code § 161.1035 says that if a Voluntary Relinquishment of Parental Rights Affidavit does not give a specific period, a parent has 10 days to change their mind. To change their mind, the parent must prepare and submit a revocation of consent.
Chart for Texas Adoption Revocation Periods
| Situation | Time to Revoke |
| Relinquishment to agency | 0 days – irrevocable, relinquishment permanent upon signing |
| No revocation period stated | 10 days – becomes irrevocable on the 11th day |
| The specific revocation period stated | Up to 60 days – whatever is stated in the relinquishment |
How long does a parent have to change their mind about adoption in Texas?
Generally, Texas law gives a parent 10 days to change their mind about placing their child for adoption. But an affidavit of relinquishment can state a different period. It is legal to make a relinquishment irrevocable, and the period of revocation can be extended for up to 60 days.
Revoking Consent to Adoption
The decision to place a child for adoption is one of the most significant decisions a person can make. That’s why Texas law allows for a revocation period.
Agency
When placing the child for adoption through the Department of Family Protective Services or a licensed adoption agency, the consent for adoption can’t be revoked. It is effective upon signing and is irrevocable.
Other placements
For non-agency adoptions, the revocation period may vary. If the document doesn’t say otherwise, it is 10 days. Even when the document specifies, that 10 days is the typical period.
A relinquishment can be irrevocable on a signing. It may be revocable for up to 60 days but cannot be made revocable for more than 60 days.
How do I know what the revocation period is for my child?
To determine the period to revoke consent for the adoption of a child, read the Voluntary Relinquishment of Parental Rights Affidavit. The law requires a copy to be given to the parent at the time of signing.
Procedure for Revoking Consent to Adoption
When a parent changes their mind about placing their child for adoption, it isn’t as simple as just saying so, making a phone call, or putting it in writing. There is a certain procedure that must be followed.
To revoke consent for adoption, the parent must:
- Sign a statement
- With two witnesses
- Before a person who can administer oaths
- Submit the statement to the person named in the affidavit
- File a copy with the clerk of court (if there is a termination hearing pending)
When an agreement is revocable, it must contain the name and address of the person who would accept the revocation. The revocation must be given to that person.
Exceptions or Waivers
Even if the revocation period has expired, fraud, duress, and coercion are grounds to declare a relinquishment of rights invalid. While it is difficult, it is possible to have a relinquishment declared invalid on one of these grounds.
Applicability
This 10-day standard revocation period applies to the Voluntary Relinquishment of Parental Rights Affidavit. That’s different from an Affidavit of Waiver of Interest, where a man signs away any possible interest in a child.
The Affidavit of Waiver of Interest may be signed at any time before the birth of a child. A Voluntary Relinquishment of Parental Rights may not be signed until 48 hours after the child is born. An Affidavit of Waiver of Interest may be raised if the father later tries to establish an interest in the child.
I heard that there is a six-month period to finalize an adoption in Texas. Does that mean the placing parent has six months to change their mind?
No. The court can’t finalize an adoption until a child has lived with the adoptive parents for six months. The six months can be waived.
However, this doesn’t affect the period for the parent to relinquish consent to adoption.
Impact
If a parent correctly revokes their consent to adoption, the child must be returned to them. If there are child protective proceedings, they may continue. The court may consider custody arrangements with the biological parents. Consent to adoption followed by revocation is not a way to circumvent child protective or custody proceedings.
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