If you’re pregnant or have just given birth and are worried that Child Protective Services (CPS) might take custody of your baby, you’re not alone. This is an incredibly stressful and emotional time, especially if you’re facing challenges like past CPS involvement, unstable housing, or substance use. You may be wondering if you still have a say in what happens next—or if someone is going to make that decision for you.
Whether you can move forward with a private adoption plan depends on how — and when — CPS gets involved. Here’s what you need to know:
If CPS has removed the baby from your care
If your child has been removed from your care and CPS has taken custody, you likely cannot place that child through a private adoption agency like Adoption Advocates. Once CPS has legal custody, the Texas Department of Family Protective Services is responsible for the child’s care and placement.
- CPS’s first priority is reunification with you or another biological family member.
- If you choose to relinquish your parental rights, the state will determine the child’s permanent placement.
- Foster and adoptive families approved by the state go through extensive training and background checks.
- Important: You will not be able to choose the adoptive family, and ongoing contact (open adoption) is less common in the foster care system.
You may still be able to make an adoption plan through a private adoption agency.
If CPS has opened a case, and the baby is still in your care
If CPS is investigating or offering services, but your child remains in your custody and the court has not removed your rights, you may still be able to make an adoption plan.
In this situation:
- You retain legal custody and can voluntarily place your child for adoption.
- Working with an adoption agency early can help you retain more control over the process, including choosing the adoptive family and planning for open adoption if you wish.
- Reach out to Adoption Advocates for a confidential consultation to understand your options.
If you are pregnant, but there is CPS involvement with your other children
This is a common scenario we see at our adoption agency. One of the reasons some expectant mothers choose to make an adoption plan for a current pregnancy is to better position themselves to ensure they can retain or regain custody of the children they already have.
CPS involvement with older children does not prevent you from making an adoption plan for your current pregnancy.
If you’re worried about CPS stepping in after delivery, let your hospital social worker know you’ve made an adoption plan. They can coordinate with your adoption agency to ensure a smooth transition directly from the hospital to the adoptive family you’ve chosen.
See the 7 steps of placing your baby for adoption
When should I call an adoption agency?
The earlier you contact an adoption agency, the better. If you have already established a relationship with an adoption agency and begun making an adoption plan, you are likely to have more control over your decisions about your baby’s future.
At Adoption Advocates, we’re not here to pressure you—we’re here to walk with you. Every situation is unique, and we’ll help you navigate yours with honesty, care, and compassion. If you’re ready to talk, we’re ready to listen. Call (512) 477-1122 or text us at (512) 270-8415 for help.
