Adoption Laws in Texas: A Historical Timeline
Adoption Laws in Texas: A Historical Timeline
1850
First Adoption Law in Texas. Allowed one to “adopt” a legal heir by filing a written affidavit with the county clerk’s office.
1907
Allowed biological parents to file a written affidavit transferring parental authority to “adoptive” parents
1920
Allowed adoption in the case of voluntary abandonment of the child by a parent for three years. Adoption was a matter of public record and birth certificates were stamped with “illegitimate”.
1931
Edna Gladney’s work influences the legislature. Court files and records from adoption proceedings can only be reviewed by interested parties or their attorneys. Judgments, orders, and decrees of the court are public record. Parental consent of living parents required except for cases of abandonment for at least three years.
1937
The time for abandonment by parents was shortened to two years.
1951
Allowed natural parents to give licensed child placement agencies the power to place children for adoption and the power to consent to the adoption without disclosing to the natural parents the names of the adoptive parents.
1965
Restricted access to information (about the adoption not the termination) held by state agencies and licensed child placing agencies. Agencies could use or give information they felt was in the best interest of the child. Records relating to dependency hearings on children born out of wedlock are confidential and not to be disclosed except to a party to the dependency hearing or his attorney. The court could order disclosure of the court felt it would further the ends of justice.
1973
Established the Central Record File. Adoption decrees and records were sent to the State Department of Public Welfare and were confidential. The law restricted access to adoption records to everyone, even if a party to the proceedings, unless ordered by the district court in Travis County for good cause. No confidentiality for the termination file. It only applied to adoptions after the effective date.
1975-1976
Adoption records closed to all. The district clerks’ offices and the Texas Department of Human Services were required to keep adoption records confidential (not termination records). It removed the requirement to transfer all adoption records to the Central File except the decree. It gave the court that granted to adoption the right to open the records in addition to any district court in Travis County. Separate law enacted that gave the court the right to seal the termination and adoption file on the motion of the court or any party.
1983
Deleted the right of a Travis County District court to open records and left the decision solely to the court that granted the adoption.
1989
Granted adoptive parents and adult adoptees the right to access to all of the information, working papers, reports, and records relating to the social study on the child. The information was to be edited to protect the identity of the birth parent. Termination files are still accessible unless there is a specific order sealing the file.
Information in this timeline comes from the following document:
Confidentiality and Access to Texas Adoption Records: A Historical Perspective
by Diane M. Wagner
posted by K at 4:57 PM
10 Comments:
My dad was born in dallas texas around november 1953 and was adopted by a couple in stamford texas named robert and charlene greene. the name on the birth certificate reads Mark Anthony Jackson. if you have any information post a comment.
9:41 AM
MY HUSBAND WAS ADOPTED IN TEXAS BY JAMES ALFRED BRIGGS 111 &SHARILY KAY BANIK BRIGGS THEY LIVED IN MCALLEN TX MY HUSBAND NEEDS TO FIND BRITH MOTHER HE WAS BORN 02-09-1976 SO WERE TOLD IF ANYONE CAN HELP PLEASE CONTACT AWBREY @702-265-0077 THANK YOU
1:17 AM
I was adopted at birth by a military couple in Port Lavaca Texas on or around November 27th 1973.I was told that the birth mothers first name was Beverly and that she had several other children.I was told that her family,aka mother,forced her to place female baby for adoption.The court that holds records of this adoption is in Beesville Texas.If you know of a female baby being born on or around November 27th 1973 please contact me at lazynfatblkcat@yahoo.com.Any information may be helpful.Thank you so much.
3:00 AM
When adoption is complete are blood lines from the children severed. Was told they were but now told that the courts have the right to give visitation to member's of the family. Need this answered yesterday.. Thanks
4:46 PM
I am a birth mother. I had contact with my son, Patrick Travis, for a short time years ago. I am seeking to reconnect with him. Edna Gladney will not deliver any more letters to him even though I've completed the processes needed to set up a meeting. Perhaps he is through with me; however, his last letter didn't sound like it. Born in Corpus Christi, Texas in 1975. I am still here...waiting. I want so badly to meet.
3:56 PM
One of these dates has to be wrong. It says 1907 was the first year that allowed birth parents to give away their kids but my gg grandmother was adopted in 1884 in tarrant co. I have the original court docs.
Mrs Annie and Gracie Thomas . Adopted at age 4 by a confederate soldier, I'm trying to trace this Thomas family. They were either Indian or mullato. If anyone has any idea where I can look for any documents on this family please post it. I have searched on ancestry but that is as far as I have gotten. Don't know where , other than census records .
10:42 PM
Please join the group on facebook, Support Texas Adoptee Rights.
9:23 PM
Great post! Been reading a lot about adoption law recently. Thanks for sharing this!
1:40 PM
Hi. My name is Donna and I can imagine that this is either my sister Catrina or my brother Tony unless we have a sibling.
5:31 AM
The article does not say that birth parents could not "give way" their children before 1907. It says that that was the first time the right existed for birth parents to have a say in the matter. Diane Wanger, Author
9:36 AM
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