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How the Best Interest of the Child Relates to Adoption

We hear the phrase the best interest of the child throughout the divorce and child custody process. Certainly many U.S. states have incorporated the best interest of the child concept into their family law statutes. Likewise, many courts have ruled on cases using this concept as their benchmark.

The Texas Family Code Section 153.002 states: The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

What people may not realize is that the best interest of the child also pervades court decisions about adoption. Here are some adoption instances where under the Texas Family Code Section on Adoption the best interest of the child weighs into the court’s decision:

  • Courts grant adoption when all requirements have been met and the adoption is in the best interest of the child
  • Courts terminate a parent-child relationship so an adoption can occur when it is in the best interest of the child
  • Courts order the removal of a child from a proposed adoptive home if the removal is in the child’s best interest
  • Courts order institutional care of delinquent children when it is in the best interest of the child and does not produce undue hardship
  • For the adoption assistance program, the department provides assistance to promote adoption when it is in the children’s best interest
  • The department places a child in a family of the same race or ethnicity when it is in the best interest of the child
  • The court may waive the six month residency requirement of the child with the adoptive person if it is in the best interest of the child
  • The court may waive the consent to adoption of a child 12 years or older if it is in the best interest of the child
  • The court may waive the requirement of a child who is 12 or older attending the adoption hearing if in the best interest of the child
  • When determining the best interest of the child, the court may not delay or deny adoption or discriminate on the basis of the child’s or prospective adoptive parents’ race or ethnicity

For help with adoption or answers to questions about what is in a child’s best interest, consult a Texas family law attorney.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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