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If you’re considering adoption in Texas, one of the first questions you might ask is: Do you have to be married to adopt?
The answer depends on the type of adoption you’re pursuing.
In this blog, we’ll break down what Texas law says about marital status and adoption—whether you’re married, single, or part of an unmarried couple.
ADOPTION IN TEXAS: WHO IS ELIGIBLE?
Texas law allows a single adult, married couple, or stepparent to adopt a child. The key requirement is that the person adopting must be:
- At least 21 years old
- Financially stable
- Of good moral character
- Able to pass a criminal background check and home study
But depending on the type of adoption, the rules for marital status vary.
STEPPARENT ADOPTION: YES, MARRIAGE IS REQUIRED
If you’re trying to adopt your spouse’s child, Texas law requires that you be legally married to the child’s biological or legal parent.
You cannot pursue a stepparent adoption if you are only dating or cohabiting. The courts view adoption as a lifelong legal relationship, and they want to ensure stability in the home.
💡 Important: Texas does not allow common-law spouses to file for stepparent adoption unless the relationship has been legally recognized and proven in court.
PRIVATE, FOSTER, OR AGENCY ADOPTION: MARRIAGE NOT REQUIRED
For other types of adoption in Texas, such as:
- Private adoption
- Foster care adoption
- Adoption through an agency
You do not need to be married. In fact, many single individuals adopt every year in Texas.
As long as you meet the state’s requirements, a single adult can adopt a child independently.
CAN UNMARRIED COUPLES ADOPT TOGETHER?
Texas does not allow unmarried couples to adopt a child jointly.
Here’s how it works:
- One partner can adopt the child as a single parent.
- The other partner has no legal parental rights.
- If the couple later gets married, the second partner can adopt through a stepparent adoption (which then requires proof of marriage).
This restriction applies to both opposite-sex and same-sex couples in Texas.
SAME-SEX ADOPTION IN TEXAS
Same-sex couples in Texas can adopt, but if they are not married, only one partner can legally adopt the child.
Once married, both spouses can file a joint adoption or complete a stepparent adoption to secure legal rights for both parents.
🏳️🌈 Good news: There are no Texas laws that prohibit same-sex individuals or married same-sex couples from adopting.
FREQUENTLY ASKED QUESTIONS
Can I adopt my partner’s child if we’re not married?
No. Texas requires you to be legally married to file a stepparent adoption.
Can a single person adopt in Texas?
Yes. You do not need to be married to adopt a child in Texas through private or agency adoption.
Can we both adopt if we’re an unmarried couple?
No. Texas law does not permit joint adoption unless you are legally married.
What if I’m in a common-law marriage?
You must prove the marriage exists legally before proceeding with a stepparent adoption.
CONCLUSION: MARRIAGE REQUIREMENTS FOR ADOPTING IN TEXAS
So, do you have to be married to adopt in Texas?
It depends:
- Stepparent adoption? Yes, marriage is required.
- Private or foster adoption? No, you can adopt as a single adult.
- Unmarried couple? Only one person can adopt unless you marry first.
Adoption laws in Texas are designed to protect the best interests of the child—and that means ensuring stable, legally defined parent-child relationships.
If you’re unsure about your options, it’s always best to speak with a Texas adoption attorney who can 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.
