Adopting your stepchild is one of the most meaningful steps you can take to strengthen your family. It creates a permanent legal bond between you and your stepchild, giving you the same parental rights and responsibilities as a biological parent. If you’re wondering, “How can I adopt my stepchild in Texas?”, here’s what you need to know about the process, requirements, and legal steps involved.
WHAT IS STEPPARENT ADOPTION?
Stepparent adoption is when a person legally adopts the biological or legal child of their spouse. Once finalized, it gives you full parental rights—including decision-making authority, inheritance rights, and the ability to provide a sense of permanency for your stepchild.
The process is generally faster and simpler than other types of adoption in Texas, especially when everyone involved gives consent.
REQUIREMENTS TO ADOPT YOUR STEPCHILD IN TEXAS
To adopt your stepchild, you must:
- Be legally married to the child’s biological or legal parent.
- Be at least 21 years old.
- Demonstrate financial and emotional stability.
- Pass a criminal background check.
Your spouse (the child’s parent) must also consent to the adoption.
STEP-BY-STEP: HOW TO ADOPT YOUR STEPCHILD IN TEXAS
Step 1: Termination of the Other Parent’s Rights
Before adoption can proceed, the child can only have two legal parents—your spouse and you. This means the other biological parent’s rights must be legally terminated.
This can happen in two ways:
- Voluntary Termination: The other parent agrees to relinquish their rights and signs an affidavit.
- Involuntary Termination: The court terminates parental rights due to abandonment, neglect, failure to pay child support, or other legal grounds.
Your attorney will help you file a Petition to Terminate Parental Rights if necessary.
Step 2: File the Adoption Petition
Once termination is complete (or filed alongside it), you can file an Original Petition for Adoption of a Stepchild in the family court of the county where your stepchild resides.
This petition asks the court to legally recognize you as the child’s parent.
Step 3: Complete a Home Study (May Be Waived)
Most Texas courts require a home study—an evaluation by a licensed social worker who reviews your home environment, finances, and family relationships. However, in many stepparent adoptions, judges choose to waive this step.
Step 4: Obtain the Child’s Consent (If Over 12)
If your stepchild is 12 years or older, Texas law requires their written or verbal consent before the adoption can be finalized.
Step 5: Attend the Final Adoption Hearing
You, your spouse, and your stepchild will attend a hearing before a family court judge. The judge will review your petition, background information, and any termination orders. If everything is in order, the judge will sign a Final Order of Adoption, officially granting you parental rights.
Afterward, you can request a new birth certificate listing you as the child’s legal parent.
HOW LONG DOES THE PROCESS TAKE?
Most stepparent adoptions in Texas take 3 to 6 months, depending on whether parental rights termination is contested.
HOW MUCH DOES IT COST?
Stepparent adoption costs vary depending on your circumstances. Expect:
- Court filing fees: $300–$400
- Attorney fees: $1,000–$5,000 (depending on complexity)
- Home study (if required): $1,000–$2,500
BENEFITS OF ADOPTING YOUR STEPCHILD
- Provides legal security and stability for your stepchild.
- Grants inheritance rights as your legal child.
- Gives you full decision-making authority (medical, educational, etc.).
- Strengthens your family bond with legal recognition.
FREQUENTLY ASKED QUESTIONS
Do I need my spouse’s consent?
Yes. The child’s biological or legal parent (your spouse) must consent to the adoption.
Can I adopt without terminating the other parent’s rights?
No. The other parent’s rights must be legally terminated before adoption can proceed.
Do I need a lawyer?
While it’s possible to file the paperwork yourself, stepparent adoption involves complex legal steps, especially when terminating parental rights. An attorney can help ensure everything is done correctly and avoid delays.
FINAL THOUGHTS
So, how can you adopt your stepchild in Texas? You must be married to the child’s parent, terminate the other parent’s rights, file a petition, and attend a final court hearing. Once approved, your stepchild will be legally—and permanently—recognized as your own.
Stepparent adoption is one of the most meaningful ways to strengthen a family, giving your child the love and legal security they deserve.
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.