Let’s be honest—raising kids the second time around probably wasn’t on your retirement checklist, but here you are, packing school lunches, helping with homework, and thinking seriously about the Steps to Adopt a Grandchild in Texas so you can give them the secure, loving home they deserve. Sound familiar?

You’re not alone. Across Texas, more grandparents are stepping in when life throws curveballs—whether it’s because of a family emergency, CPS involvement, or simply doing what’s best for the child. But while your heart may already be committed, the legal system needs a bit more than love to recognize you as Mom or Dad. That’s where this guide comes in.

In the next few minutes, we’ll walk you through everything you need to know about adopting your grandchild in Texas—without the legal jargon headache. You’ll learn how the process works, what challenges to expect, and how you can protect your grandchild’s emotional and academic well-being through this life-changing transition.

We’ll also cover how adoption differs from kinship care, what benefits are available to grandparent adopters, and why working with an experienced Texas family law attorney—like those at The Law Office of Bryan Fagan, PLLC—can make all the difference.

So grab a cup of coffee, settle in, and let’s talk about how you can turn the caregiving role you’ve already embraced into something permanent, powerful, and legally protected.

Key Takeaways

• Grandparents in Texas can adopt their grandchildren only after the termination of the biological parents’ legal rights, with specific legal evidence required for involuntary termination.
• The adoption process involves several key steps, including filing an adoption petition, undergoing a mandatory home study, and participating in court hearings, which prioritize the child’s best interests.
• Post-adoption stability is essential for the well-being of the adopted child, requiring emotional support, maintaining familiar routines, and considering family therapy for a successful transition.

Determining Eligibility for Grandparent Adoption

Before beginning the Steps to Adopt a Grandchild in Texas, it’s important to determine whether you meet the legal criteria under Texas law. The process cannot proceed unless the biological parents’ rights have been legally terminated. Under Texas Family Code § 162.001(b)(1), this can happen either voluntarily or involuntarily through a court order. If the biological parents do not agree to relinquish their rights, grandparents must present clear evidence—such as abuse, neglect, or abandonment—to demonstrate that adoption is in the child’s best interest.

In cases where a child is 12 or older, the law generally requires the child’s written consent before an adoption can be finalized. This aligns with the state’s broader commitment to honoring the child’s voice in major decisions affecting their future. In certain situations—especially involving children with disabilities or behavioral challenges—additional legal considerations may apply. Our firm outlines these unique circumstances in detail in our resource on adopting a special needs grandchild.

Even if you’ve already been raising your grandchild informally, Texas courts require all prospective adoptive parents to complete a home study evaluation. This involves an in-depth review of your home environment, financial stability, and overall readiness to take on permanent legal responsibility. The evaluator will also consider your physical and emotional ability to provide a safe, nurturing space for the child long-term.

As our attorneys frequently advise, understanding the legal groundwork is key to avoiding unnecessary delays and securing a smooth adoption. Whether you’re dealing with a contested termination or navigating CPS involvement, having an experienced Texas family law attorney by your side makes all the difference. At The Law Office of Bryan Fagan, PLLC, we’re committed to helping grandparents protect their families’ futures—every step of the way.

Filing the Initial Petition

Once eligibility is determined, the next step in the adoption process is filing the initial petition. In Texas, both spouses must sign the adoption petition if the petitioner is married. This ensures that both individuals are legally committing to the responsibilities and rights of adopting a grandchild.

The adoption petition must include a verified statement confirming compliance with specific legal requirements or providing an explanation for any noncompliance. Additionally, written consent from the managing conservator of the child must be filed unless the conservator is the petitioner. If the child is 12 years or older, their written child consent to the adoption is also required, unless the court waives this requirement in the child’s best interest.

Filing the initial petition sets the legal process in motion, formally notifying the court and all relevant parties of the intent to adopt. Accuracy and completeness in the petition streamline the adoption proceedings and help avoid delays.

Home Study Process

As part of the legal Steps to Adopt a Grandchild in Texas, a court-approved home study is not just a formality—it’s a required component under Texas Family Code § 162.003. Even if a grandparent has been the child’s primary caregiver for months or years, the court must evaluate whether the home environment meets the legal standards for permanent adoption. This process ensures the child’s emotional, physical, and financial needs will continue to be met in a stable, nurturing setting.

A licensed child-placing agency or social worker conducts the home study through interviews, background checks, and in-home assessments. During the evaluation, they’ll examine everything from the safety of the living space to the grandparent’s health, lifestyle, and financial readiness. The goal is to determine whether the adoption aligns with the child’s best interests—a guiding standard rooted in Texas Family Code § 153.002.

Costs for home studies in Texas typically range from $500 to $1,500, depending on the agency and the complexity of the case. While this fee is generally the responsibility of the adopting grandparent, there are resources and potential subsidies available in some situations. For a closer look at what you can expect to spend, visit our comprehensive breakdown of the average cost of adoption in Texas.

According to the attorneys at our firm, a well-prepared home study report not only satisfies legal requirements but also helps establish your credibility and commitment as a permanent caregiver. For more insight on building a strong adoption case and how it compares to other caregiving options, see our guide on Grandparents’ Rights in Texas.

Termination of Parental Rights

The termination of parental rights is a pivotal step in the grandparent adoption process. Before grandparents can legally adopt their grandchild, the biological parents’ rights must be terminated. This can occur voluntarily, with the parents relinquishing their rights, or involuntarily, through a court order.

If the biological parents are unwilling to consent, the court requires clear evidence of neglect, abandonment, or other serious issues affecting the child’s well-being. In Texas, only a court can terminate parental rights, and a judge must formally sign an order to permanently end the parent-child relationship. Various parties, including grandparents and foster parents, can file termination cases if they meet specific criteria.

Terminating parental rights is a serious legal action that grants full parental status to the adoptive family. Providing compelling evidence to the court ensures the child’s best interests are prioritized throughout the adoption process, while also considering the parent’s rights.

Court Hearings and Legal Proceedings

Court hearings and legal proceedings are crucial stages in the grandparent adoption journey. The court’s primary concern during these hearings is to determine the child’s best interests, as mandated by the Texas Family Code. Every grandparent adoption case and grandparent adoption cases require a court hearing, where the judge assesses all aspects of the case to make an informed decision.

In some instances, the court may address both the termination of parental rights and the finalization of the adoption in the same hearing. This can expedite the process, allowing the adoptive family to move forward with fewer delays. Family and friends often attend the hearing to support the grandparents and celebrate the adoption.

The legal process culminates in a court’s final decision, granting the grandparents full parental rights and formally recognizing them as the child’s legal parents. This complex process is a significant milestone, ensuring the child’s best interests are upheld and providing a sense of stability and security within the child’s parents’ family, including considerations of custody.

Finalizing the Adoption

Reaching the final step in the Steps to Adopt a Grandchild in Texas means more than just completing paperwork—it marks the official creation of a new legal family. Once the adoption is finalized, the court issues an adoption decree that grants the grandparents full parental rights, empowering them to make all decisions related to the child’s education, healthcare, and general well-being. As stated in Texas Family Code § 162.017, this decree establishes a legal parent-child relationship with all the rights and duties afforded to a biological parent, including inheritance rights.

Before this finalization can occur, all parental rights of the biological parents must be terminated, either voluntarily or by court order. This legal prerequisite ensures there is no conflict of authority and allows the adoptive grandparents to step fully into their role as legal guardians. According to Texas Family Code § 161.206, a final order terminating parental rights must be rendered before any adoption can proceed. In some cases, courts may address both termination and adoption in a combined hearing, depending on the circumstances.

Finalization also brings financial and legal clarity. Once adopted, the child is no longer considered a legal responsibility of the biological parents, and they are generally relieved of child support obligations. However, courts may enforce continued support in unique situations involving existing arrears or extraordinary needs. To understand these nuances—especially in more complex cross-border or international cases—explore our guide to international adoption laws for Texas families.

As our family law team often explains to clients, finalizing an adoption is both a legal victory and an emotional milestone. It signals the beginning of a new chapter for the child and their adoptive family—one built on love, security, and legal stability. For more on preparing for this life-changing moment and what happens afterward, check out our post on how adoption affects child support in Texas.

Addressing CPS Involvement

Child Protective Services (CPS) plays a critical role in the adoption process, particularly in ensuring the safety and welfare of the child. When CPS is involved, it is essential for grandparents to communicate effectively and comply with their requirements to facilitate the family and protective services adoption process.

Navigating CPS involvement can be challenging but is crucial for a successful adoption outcome. Grandparents must address potential challenges, such as obtaining parental consent and meeting CPS standards for a safe home environment. Working closely with CPS allows grandparents to demonstrate their commitment to the child’s best interests and ensure a smooth adoption process.

Understanding CPS’s role and requirements helps overcome obstacles and achieve the goal of providing a stable and loving home for the grandchild.

Practical Tips for Post-Adoption Stability

Long after the legal process concludes, one of the most important parts of the Steps to Adopt a Grandchild in Texas is ensuring emotional and environmental stability for your grandchild. Children who have experienced CPS involvement or separation from their biological parents often carry emotional trauma that doesn’t disappear with a signed decree. Maintaining consistent routines—like familiar meals, bedtime rituals, or even keeping a favorite blanket—can offer a comforting bridge between the past and their new, secure life.

At our firm, we often encourage grandparents to explore family therapy, especially during the transition period following adoption. Therapy can be a powerful tool for building trust, managing behavioral challenges, and fostering a strong emotional connection between grandparents and grandchildren. Additionally, documenting any behavioral patterns or emotional triggers may help you better understand your grandchild’s evolving needs. Support groups for kinship caregivers or post-adoptive families can also offer connection and encouragement through shared experiences.

It’s also essential to prioritize your own well-being. Grandparents stepping into full-time parental roles can face physical, emotional, and financial strain. By attending regular medical check-ups, pursuing personal interests, and setting healthy boundaries, you’ll be better equipped to provide steady, nurturing care. Remember, a healthy caregiver is one of the most powerful forms of stability a child can have.

Understanding the ongoing responsibilities of adoptive parenthood includes knowing your legal obligations and rights. For example, if your grandchild is 12 years or older, Texas Family Code § 162.010 requires their written consent before finalizing the adoption. To learn more about how this works and how to properly submit the required documentation, explore our guide on Texas consent to adoption forms. You may also find our resource on navigating adoption after CPS removal helpful as you continue your journey.

Real-life Success Stories

One of the most powerful parts of the Steps to Adopt a Grandchild in Texas is seeing the real-world impact these decisions have on families. Take Janice Allen, for example—a Texas grandmother who stepped in when her daughter’s battle with addiction left two young children without a safe home. With persistence, legal support, and a whole lot of love, Janice navigated the adoption process and created a stable, nurturing environment that gave her grandchildren a second chance at childhood.

Another story comes from Alicia Beaumier, who shared how her grandmother’s decision to legally adopt her and her brother changed the course of their lives. From emotional stability to educational opportunities and financial security, the benefits of adoption went far beyond the legal paperwork. These stories remind us that when grandparents step into the role of parent, they’re not just keeping a child safe—they’re laying the foundation for lifelong success.

Of course, behind every inspiring story is a legal framework that supports these outcomes. According to Texas Family Code § 162.010, children age 12 or older must provide written consent to the adoption unless waived by the court. Understanding who must consent to the adoption—and when—is essential to avoiding delays and ensuring your case proceeds smoothly. For a deeper dive into this topic, visit our guide on who must provide consent to a Texas adoption.

As our attorneys frequently explain, legal success often begins with emotional commitment—but it’s completed with preparation and the right guidance. If you’re seeking more examples of how adoption can transform families or want to learn about your legal rights as a grandparent, check out our article on understanding grandparents’ rights in Texas. Your story could be the next one to inspire others.

How The Law Office of Bryan Fagan, PLLC Can Help

The legal and emotional complexities of grandchild adoption in Texas can be overwhelming. The Law Office of Bryan Fagan, PLLC is here to help. Our experienced family law attorneys specialize in guiding grandparents through each step of the adoption journey, ensuring compliance with Texas laws and providing compassionate representation.

Legal representation can streamline the adoption process, ensuring that all necessary paperwork is completed accurately and efficiently. Our attorneys offer tailored support for complex adoption processes, connecting clients with additional legal resources as needed. Emphasizing a compassionate approach helps families navigate the emotional aspects of grandparent adoption, providing the support needed for a successful outcome, while also considering the legal aspects involved.

At The Law Office of Bryan Fagan, PLLC, we are committed to helping grandparents provide a stable and loving home for their grandchildren. Let us be your trusted legal resource as you embark on this important journey.

Conclusion:

Taking the steps to adopt a grandchild in Texas isn’t just about following legal procedures—it’s about securing a future built on love, stability, and commitment. If you’ve made it this far, chances are you’re already doing the hard part: showing up every day, providing comfort, and giving your grandchild a sense of safety. The legal piece? That’s where we come in.

Adoption might sound like a mountain of paperwork and court dates (and yes, there’s some of that), but it’s also a chance to give your grandchild the peace of mind that comes with knowing they are home—legally, emotionally, and permanently. And you don’t have to navigate it alone.

At The Law Office of Bryan Fagan, PLLC, we’ve walked this path with countless grandparents just like you. We’ll help you understand your options, avoid common pitfalls, and move through each step with confidence. Whether you’re still gathering information or ready to take action, we’re here to help you protect what matters most.

So, what’s your next step? Maybe it’s reaching out. Maybe it’s just letting the idea sit for a bit. But either way, remember this: you’ve already shown the kind of love that changes lives. Now let’s make it official.

Ready when you are.

Frequently Asked Questions – Steps to Adopt a Grandchild in Texas

How do I adopt my grandchild in Texas?

To adopt your grandchild in Texas, you must first ensure that the biological parents’ rights have been legally terminated, either voluntarily or through court action. After that, you will file an adoption petition, complete a home study, attend required court hearings, and finalize the adoption with a judge’s approval.

What is the process of adopting a grandchild?

The process involves terminating parental rights, filing an adoption petition, undergoing a home study, and attending court hearings where the judge determines whether the adoption is in the child’s best interest.

How can grandparents get custody of grandchildren in Texas?

Grandparents can seek custody by filing for managing conservatorship if the child’s parents are unable to provide a safe environment. If CPS is involved, grandparents may also be appointed as kinship caregivers or pursue full adoption through the courts.

How much does it cost for a grandparent to adopt a grandchild?

The cost of adopting a grandchild in Texas can range from $1,500 to $5,000 or more, depending on legal fees, home study costs, and court-related expenses. Some financial assistance may be available for qualifying families.

Can I adopt my grandchild without a lawyer?

While it’s legally possible to adopt your grandchild without a lawyer, the process is complex and involves critical legal steps. Working with a qualified family law attorney helps avoid delays, missed requirements, and increases your chances of a smooth adoption.

What is the cheapest way to adopt a child in Texas?

The most affordable way to adopt a child in Texas is often through kinship adoption or the Texas foster care system, where many costs may be covered by the state. Kinship placements with relatives like grandparents may qualify for subsidies and waived fees.

What are the benefits of adopting your grandchild?

Adopting your grandchild provides legal rights and stability, allowing you to make medical, educational, and financial decisions on their behalf. It also ensures permanency for the child and can help access health care, insurance, and inheritance rights.

Is adopting a child a hard process?

Adopting a child can be challenging due to legal requirements, emotional stress, and court proceedings, but having legal guidance and preparation can simplify the journey and make it manageable.

How much does an adoption attorney cost?

The cost of an adoption attorney in Texas can range from $1,500 to over $5,000, depending on the complexity of the case. Some attorneys offer flat fees for uncontested adoptions, while others bill hourly.