What to Do If a Biological Parent Causes Issues After Adoption

 Posted on June 22, 2026 in Family Law

Once a Texas court finalizes an adoption, the adoptive parents become the child's only legal parents. However, a birth parent may still try to stay involved, whether through phone calls, social media messages, or unannounced visits. This can confuse the child and unsettle a family that is working hard to create stability after an adoption process. If this is happening to your family in 2026, a San Antonio, TX family law attorney can explain your adoption rights and help you decide what to do next.

What Are Your Rights If a Birth Parent Tries to Contact Your Adopted Child?

The adoption order gives you sole legal authority over your child. Under Texas Family Code Chapter 162.017, that order ends the legal relationship between your child and the birth parent, except in a few narrow situations. Your authority includes decisions about visitation, medical care, education, and contact. 

If a birth parent reaches out, stay calm and point to the adoption order. Explain that further contact attempts go against the order and let the birth parent know that you will send a formal cease and desist letter if the behavior continues. Many birth parents respect this boundary once they understand that it is backed up by a court order.

Sometimes an informal reminder does not work. When that happens, a cease-and-desist letter from a family law attorney carries more weight. The cease and desist letter should describe each unwanted contact in detail and tell the birth parent to stop attempting any contact. Save a copy of the letter along with proof of delivery, since you may need both later if the contact does not stop.

What Records Should You Keep If a Birth Parent Won't Stop Reaching Out?

Keep a written log of every incident that happens after you send the cease and desist letter. Several types of records can help build your case:

• Screenshots of unwanted messages and social media posts

• The date, time, and location of any in-person contact

• Statements from teachers, neighbors, or other witnesses

This record builds the kind of timeline a judge wants to see, and it becomes important if you eventually ask the court for a restraining order.

Can You Get a Restraining Order Against a Birth Parent After Adoption?

Texas courts can issue a civil restraining order against a birth parent who continues unwanted contact that involves threats, stalking, or harassment. A family law attorney can help you file this request with the same court that handled your adoption.

The order can stop the birth parent from approaching your child or showing up at your home, school, or workplace. It can also stop phone calls, texts, and social media contact. Judges typically set these orders for a set period, but the court can extend them if needed.

If a birth parent violates the order, the usual next step is a contempt of court motion. This means asking the judge to punish the violation. It is not the same as an automatic arrest. A judge who finds contempt can order fines or even jail time. If the contact turns into threats or harassment, your attorney can help you seek a stronger protective order. Police can enforce that kind of order directly.

Does Texas Law Allow Birth Parents Limited Contact After Their Rights End?

Texas Family Code Section 161.2061 does allow some birth parents to stay in limited contact after their rights end. This only applies if the birth parent gave up their rights voluntarily. The agreement must be between the birth parent and the Department of Family and Protective Services, and the court must find that the contact is in the child’s best interests.

This kind of agreement can let the birth parent get updates about the child or send written messages. It might also allow limited in-person access. The court must approve every detail and write it into the official order.

These terms differ from a cease-and-desist letter or a restraining order. A judge cannot use contempt of court to enforce them. Instead, the law requires mediation first, a meeting where a neutral third party helps both sides reach an agreement.

A 2024 national survey from the National Council For Adoption asked adult adoptees from private domestic adoptions about post-adoption support. Among those who wanted help but could not get it, 22.7 percent specifically wanted contact or relationship mediation with their birth family. A family law attorney can often help close that gap.

A family with a court-approved agreement is in a different situation from a family facing unwanted contact. One follows a plan that the court already approved. The other does not, and it calls for a cease-and-desist letter, documentation, and a restraining order.

Contact a San Antonio, TX Family Law Attorney Today

A birth parent may not respect the boundaries in your adoption order. Our firm practices exclusively in family law, and we understand how stressful these situations can be for families. The Bexar County, TX adoption lawyers at Brandon Wong & Associates can review your order, explain your options, and help you decide on the right next step. Call 210-201-3832 to get started.