Adopting your stepchild is one of the most meaningful legal actions you can take—and in Texas, it’s possible to do it yourself without a lawyer.
In this guide, we’ll walk you through how to start and complete a do-it-yourself stepparent adoption in Texas, including what forms to file, how to handle parental consent, and what to expect in court.
WHAT IS STEPPARENT ADOPTION?
Stepparent adoption is a legal process that allows a person married to a child’s biological parent to adopt that child and become their legal parent. Once complete, the stepparent gains the same parental rights and responsibilities as a biological parent.
CAN YOU ADOPT A STEPCHILD WITHOUT A LAWYER IN TEXAS?
Yes—but it’s not always easy.
Texas law allows you to represent yourself in a stepparent adoption, but you’ll need to follow specific legal procedures and complete all forms correctly. One small error can delay or derail your case.
That said, many families successfully complete a DIY stepparent adoption with proper preparation and attention to detail.
BASIC REQUIREMENTS FOR STEPPARENT ADOPTION IN TEXAS
Before you begin the process, make sure the following are true:
- You are legally married to one of the child’s biological or legal parents.
- The child has only one legal parent (the other parent’s rights were terminated or will be voluntarily relinquished).
- The child is under 18 years old.
- You (the adopting stepparent) are at least 21 years old and can financially and emotionally care for the child.
STEP-BY-STEP GUIDE TO DOING YOUR OWN STEPPARENT ADOPTION
STEP 1: TERMINATION OF PARENTAL RIGHTS
You must first legally terminate the rights of the child’s other biological parent.
This can happen in two ways:
- Voluntary termination – the other parent signs an affidavit to give up their rights.
- Involuntary termination – you file a petition to terminate their rights due to abandonment, abuse, or other legal reasons.
Termination must happen before the adoption can be finalized.
File: Petition to Terminate the Parent-Child Relationship
STEP 2: FILE THE ADOPTION PAPERWORK
Once termination is filed (or already completed), you can file your Original Petition for Adoption by Stepparent.
You’ll file this at the district court in the county where the child lives.
Required Forms:
- Original Petition for Adoption
- Civil Case Information Sheet
- Vital Statistics Form (VS-165)
- Termination Order (if applicable)
STEP 3: COMPLETE A SOCIAL STUDY AND BACKGROUND CHECK
Texas requires a social study to evaluate your home and parenting environment.
This includes:
- Interviews
- Home visits
- Background checks
Even for a do-it-yourself stepparent adoption, this step is mandatory unless waived by the judge.
💡 Contact your county clerk or local licensed social worker to get started.
STEP 4: ATTEND A COURT HEARING
Once all paperwork is filed and the social study is complete, you’ll attend a final adoption hearing.
Bring:
- A copy of the adoption paperwork
- Photo ID
- Any supporting documents
The judge may ask a few questions about your relationship with the child and why adoption is in their best interest.
If approved, the judge will sign the Final Order of Adoption.
STEP 5: FILE THE FINAL ORDER AND UPDATE RECORDS
Once the adoption is granted:
- File the signed Final Order with the court.
- Submit the VS-165 form to update the child’s birth certificate with your name as the legal parent.
FREQUENTLY ASKED QUESTIONS
Do I need the other biological parent’s permission to adopt my stepchild?
Yes, unless the court has already terminated their rights.
How long does the stepparent adoption process take?
Anywhere from 3 to 6 months, depending on the court and whether termination is contested.
How much does it cost to do it yourself?
Filing fees range from $300–$500. You may also pay $500–$1,500 for the required social study.
WHEN TO CONSIDER LEGAL HELP
While you can adopt your stepchild yourself, it may be worth hiring an attorney if:
- The other parent refuses to give up their rights.
- There are complications with paperwork or hearings.
- You’re unsure how to complete the social study.
An experienced Texas family law attorney can speed up the process and help ensure no legal mistakes.
FINAL THOUGHTS
Completing a do-it-yourself stepparent adoption in Texas is possible—but it requires careful preparation, legal filings, and court approval. It’s one of the most selfless and powerful commitments you can make as a parent.
If you’re unsure where to begin, contact a trusted legal professional to guide you through the process.
Bryan Fagan is a Texas family law attorney with a heart for adoption—inspired not just by his legal career, but by his own family story. Growing up in Atascocita with two adopted brothers, Bryan learned early the profound meaning of chosen family. His passion for justice was sparked by John Grisham’s The Pelican Brief, and he became the first lawyer in his family, balancing night classes at South Texas College of Law while caring for his grandmother with Alzheimer’s.
Today, Bryan brings that same dedication to his practice, guiding families through adoptions, custody disputes, divorces, and complex marital agreements. A certified member of the College of the State Bar of Texas, he combines elite legal expertise with genuine empathy—drawing from his roles as a husband, father of three, and advocate for families facing false CPS allegations.
Based in Houston, Bryan is actively involved in the Houston Bar Association’s Family Law Sector and statewide family law organizations. Whether finalizing an adoption or protecting parental rights, he believes the law should reflect the deepest values of home, commitment, and love.