The Process of Adopting a Stepchild in Texas

Marrying someone who already has a child puts you in the unique and important position of not only becoming one with your spouse, but also becoming a new family. When the other biological parent is no longer in the picture or is not able to be a safe part of the child’s life, then you, as a stepparent, can take on the responsibility of adopting your stepchild and solidifying that familial relationship. 

Adopting a stepchild in Texas comes with specific rules and guidelines. While it may seem daunting, the process is worth it! In this short article, we will highlight the process of adopting a stepchild in the State of Texas.

Requirements for adopting a stepchild in Texas:

First, to adopt a stepchild in Texas, one of these criteria must be met: 

1. The other biological parent is deceased.
2. The stepchild is a grown adult and can make their own decision about the adoption.
3. The other biological parent is not known, cannot be located, or has chosen not to be involved.
4. The other biological parent is willing to give consent to the adoption and sign away their legal rights.

If the other biological parent is known and refuses to give consent, then you can still adopt your stepchild, but it will require an additional legal process to terminate parental rights of the other parent first. 

It’s also good to note that adopting a stepchild in Texas is not something you can rush into right after the wedding. The law requires that a child lives with their stepparent at least six months before the adoption can be finalized. Having time to adjust to the new family dynamic encourages the bond between the stepparent and stepchild and ensures that this is the best decision for everyone involved. 

Your spouse also needs to be fully onboard with the adoption, as they will become the other petitioner in your case. 

Initiating the Adoption Process

When you are ready to make the life-long decision to move forward with adopting a stepchild in Texas, the first step is to contact a seasoned family/adoption law attorney. There is no one-size-fits-all form that you can fill out and submit, therefore it’s important to use a professional who understands the laws, requirements, and forms to file. 

While the filings will vary depending on the case, you can find some sample forms to reference in books that can be found on the Texas State Law Library website: Volume 4, Chapter T3 of Texas Family Law Practice and Procedure https://catalog.sll.texas.gov/cgi-bin/koha/opac-detail.pl?biblionumber=27171; and chapters 51-53 of Texas Family Law Practice Manual https://catalog.sll.texas.gov/cgi-bin/koha/opac-detail.pl?biblionumber=66244. 

The forms for adopting a stepchild in Texas will be filed with a family law judge in the county where the child lives. The court fees will vary depending on your county, but if you cannot afford the fees, you can ask a judge to waive them by filing a Statement of Inability to Afford Payment of Court Costs.

Here’s a link to that form: https://texaslawhelp.org/sites/default/files/2023-02/tlsc_fee_waiver_02_2023.pdf

Consent and Termination of Parental Rights

As mentioned above, when adopting a stepchild in Texas, you have to have consent from not only your spouse but also the other biological parent if they are known. If you do not get consent and there is a legitimate need to terminate parental rights and proceed with the adoption, then you’ll first need to file an Original Petition to Terminate the Parent-Child Relationship and then file for stepparent adoption. 

Furthermore, the opinion of the stepchild does matter. No matter their age, a child should be involved in the discussions surrounding their adoption at an age-appropriate level of communication. But in terms of legality, 12 (or older) is the age at which he or she will lawfully have a say in the adoption process and will need to give consent to the adoption either written or in person in court. However, in special circumstances, the court may waive this requirement if it’s in the child’s best interest. 

Additionally, if the child is 10 or older and the adoption will change their name, they must consent to the name change in writing. 

Court Proceedings and Finalization

In the final steps of adopting a stepchild in Texas there is an adoption evaluation which must be conducted in order to assess the home and environment. The judge will reference this evaluation as they determine what’s in the child’s best interest. Once all the steps have been completed then the judge will schedule an adoption finalization hearing. During the hearing the stepparent is usually asked a couple of questions like why they want to adopt the child and to state their ability to care for the child. Then, the judge will sign the final decree of adoption, which finalizes the adoption. 

After everything is finalized, the adoptive stepparent and their spouse can file for an amended birth certificate and social security card. 

This final hearing is a life-changing moment for the child, the parent and stepparent, and the rest of the family. It can be an emotional event, and also one to be celebrated as the new beginning for a family. Because of this, courts normally allow family and friends to attend the final hearing. 

Rights, Responsibilities, and Benefits

Adopting a stepchild in Texas gives the child the same legal rights as any biological child in the family, including the right to inheritance. The adoption can also provide stability and safety, as well as make things easier on the married couple doing certain tasks with the child, like taking them to the doctor or enrolling them in school. 

It’s also important to note that the adoption is permanent and forever. That means that even if the stepparent and their spouse end up divorcing, the child still legally belongs to both their adoptive and biological parents. Make sure you have considered whether or not you would be able to continue parenting your stepchild if something were to happen between you and your spouse. It’s also possible that you could be responsible for paying child support if your marriage ended.

Once the adoption is finalized, most petitions for parental termination and adoption will include a request to seal the records after the case is closed, so they will not be available as public records. However, you can ask the judge to order that the adoption records remain open to the petitioners (stepparent and their spouse), as well as their attorney. 

Conclusion

In summary, adopting a stepchild in Texas can be a beautiful expression of love and commitment within a family in the right circumstances. While the process can be lengthy and extensive, it is also worth the effort. 

For more information, you can read the laws about stepparent adoption in Chapter 162 of the Texas Family Code https://statutes.capitol.texas.gov/Docs/FA/htm/FA.162.htm, and Texas Family Code 102.005 https://statutes.capitol.texas.gov/Docs/FA/htm/FA.102.htm#102.005. 

When you’re ready to get started by reaching out to an attorney, here are a couple of recommendations: Terry & Roberts Law https://terryandrobertslaw.com, or the Law Office of Wendy L. Hart https://www.divorcelawfortworth.com/.