Online Garage Sales, Now Offering Children: A Proactive Approach to Curb Re-Homing in Texas

Date

2016

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning and Community Property Law Journal

Abstract

First, this comment will define re-homing and provide the necessary background into the process and the players involved in order to build an understanding of the practice. Next, it will focus on the ease of transferring custody through a simple power of attorney and the guardianship implications this creates. Then, this comment will explain the weaknesses in the adoption process that lead parents to re-home their child. Next, it will delve into the proposed federal legislation known as the Protecting Adoptive Children Act, as well as why this proposed act will likely fail. After discussing the lack of federal legislation, this comment will address the need for a state-by-state approach to specifically combat re-homing, as well as identify states that already have legislation in place. Lastly, this comment will identify instances of re-homing in Texas, as well as the state’s failure to respond legislatively. The assertions in this comment will hopefully bring awareness to the public and legislators, and it will call for more stringent laws in Texas to specifically prohibit re-homing and protect our state’s children.

Description

Keywords

Adopted children, Re-homing adopted children, Guardianship, Texas laws on re-homing, Adoption process, Laws on re-homing

Citation

9 Est. Plan. & Cmty. Prop. L. J. 163