Texas Attorney General Opinion: DM-500 Page: 1 of 9
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Office of tie ttornep general
6tate of IJexasDAN MORALES
ATTORNEY GENERALDecember 29, 1998
The Honorable Toby Goodman
Chair, Committee on Juvenile Justice &
Family Issues
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910Opinion No. DM-500
Re: Advertising for placement of child for
adoption (RQ- 1144)Dear Representative Goodman:
As you know, in Texas only a licensed child-placing agency' or a parent, expectant parent,
or legal guardian of a child may place a child for adoption, and only a licensed child-placing agency
may act as an intermediary between a parent and a prospective adoptive parent. Section 162.025,
Family Code, makes it an offense for any other person to perform such acts, as follows:
(a) A person who is not the natural or adoptive parent of the child, the
legal guardian of the child, or a child-placing agency licensed under Chapter
42, Human Resources Code, commits an offense if the person:
(1) serves as an intermediary between a prospective adoptive parent
and an expectant parent or parent of a minor child to identify the parties
to each other; or
(2) places a child for adoption.
(b) It is not an offense under this section if a professional provides legal
or medical services to:
(1) a parent who identifies the prospective adoptive parent and places
the child for adoption without the assistance of the professional; or
'A child-placing agency is defined in chapter 42, Human Resources Code, which regulates such agencies. A
"child-placing agency" is "a person, including an organization, other than the natural parents or guardian of a child who
plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or
adoptive home." Human Res. Code 42.002(12).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-500, text, December 29, 1998; (https://texashistory.unt.edu/ark:/67531/metapth274309/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.