Family Law
Adoption
Step-parent, relative, and private adoptions under the Texas Family Code.
Adoption is one of the most personally meaningful matters a family court handles. It is also one of the most procedurally precise. The Texas Family Code lays out specific requirements for terminating any existing parental rights, completing required home studies, and obtaining the consent (or affidavit of relinquishment) of biological parents - and missing a step at any stage can delay or undo an adoption.
Step-parent adoptions are the most common adoptions we handle. A step-parent who has been raising a child with their spouse can adopt the child after the other biological parent's rights are terminated - either by consent, by the parent's death, or after a contested termination on grounds set out in the Family Code.
Relative adoptions (grandparents, aunts, uncles) are common after long custody arrangements or where biological parents are unavailable. Some relative adoptions can use streamlined procedures.
Private adoptions through agencies, and adoptions of children in CPS conservatorship, involve additional layers - licensed child-placing agencies, ICPC if state lines are crossed, and coordination with CPS attorneys. We handle the legal piece while coordinating with social workers and agencies on the non-legal pieces.
Common scenarios
Situations we see often
-
Step-parent adoption with the other biological parent's consent
The other biological parent agrees to terminate their rights so the step-parent can adopt. Procedure is straightforward but precise.
-
Step-parent adoption with a contested termination
The other biological parent has been absent, non-supporting, or otherwise meets a Family Code ground for involuntary termination. The case proceeds as a contested termination plus adoption.
-
Grandparent adoption after long-term care of a grandchild
Grandparents who have been raising a grandchild want permanent legal recognition. Adoption ends the case-by-case custody fights and provides stability.
-
Adoption of a child from CPS conservatorship
A foster family seeks to adopt a child whose parents' rights have been terminated. CPS-coordination, ad litem involvement, and finalization hearings all apply.
What to do
If this happens to you
Gather original birth certificates, marriage certificates, any prior court orders involving the child, and any documents showing the relationship history. Adoptions are document-intensive and the court will require a complete record.
Be ready for a home study. Texas requires a pre-adoptive social study and a post-placement study for non-relative adoptions; some relative and step-parent adoptions can be exempt. Background checks are universal.
How we help
How our firm can help
We assess the case, identify whether termination is needed (and on what grounds), prepare the petition, coordinate the home study where required, and walk the family through the final hearing. We draft the order so the new parent-child relationship is recognized everywhere, including for federal benefits, school enrollment, and passport applications.
For contested terminations, we develop the evidence on the statutory ground (abandonment, non-support, endangerment) and try the case when the biological parent opposes. We coordinate with CPS counsel where the child is in conservatorship of the state.
-
6,158
Texas adoptions finalized in FY2022
Texas DFPS, FY2022 Data Book
-
#1
state by total adoptions of children with public child-welfare agency involvement
U.S. HHS Children's Bureau
-
~$190
filing fee for an adoption petition in most Texas counties (varies)
Texas county district clerk fee schedules
Common questions
Questions about Adoption
Do both biological parents have to agree?
Usually yes, by consent or relinquishment. If one parent will not agree, the court can involuntarily terminate parental rights only on statutory grounds proven by clear and convincing evidence.
Will my child's birth certificate change?
Yes. After the adoption is finalized, the Texas Department of State Health Services will issue a new birth certificate listing the adoptive parent(s).
How long does an adoption take?
A relatively simple step-parent adoption with consent can finish in 3 to 6 months. Contested terminations or adoptions through CPS take longer, often a year or more.
Do I need a home study for a step-parent adoption?
Step-parent adoptions are commonly exempt from the standard pre-adoptive social study, though the court may still order one in particular cases. Background checks are still required.
Related topics
More under Family Law
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.