If your husband has built a strong, loving bond with your daughter and you’re ready to make that relationship official, you may be wondering, “How can my husband adopt my daughter in Texas?”
In Texas, this process is known as stepparent adoption. It’s one of the most common and meaningful ways to bring a family together legally. Here’s everything you need to know about how it works, what’s required, and how to get started.
WHAT IS STEPPARENT ADOPTION?
Stepparent adoption allows your husband (the stepparent) to become your daughter’s legal parent. Once the adoption is finalized, your husband gains the same parental rights as a biological parent, including:
- The right to make medical, educational, and legal decisions.
- Parental responsibilities such as support and care.
- Legal inheritance rights between parent and child.
At the same time, the other biological parent’s rights are permanently terminated, meaning they no longer have legal or financial obligations to the child.
REQUIREMENTS TO ADOPT YOUR DAUGHTER IN TEXAS
To complete a stepparent adoption in Texas, you must meet the following requirements:
- You and your husband must be legally married.
- Your husband must be at least 21 years old.
- You both must demonstrate financial and emotional stability.
- The child must live in your home.
- The other biological parent’s rights must be terminated.
STEP-BY-STEP: HOW YOUR HUSBAND CAN ADOPT YOUR DAUGHTER
Step 1: Terminate the Other Parent’s Rights
Texas law allows only two legal parents per child. Before your husband can adopt your daughter, the other biological parent’s rights must be terminated. This can happen in one of two ways:
- Voluntary Termination: The other parent signs a legal document giving up their parental rights.
- Involuntary Termination: If the other parent has abandoned, neglected, or failed to support the child, the court may terminate their rights through a legal proceeding.
Your attorney will help file a Petition to Terminate Parental Rights, which is often combined with your adoption petition.
Step 2: File the Petition for Adoption
Once termination is in progress, your husband (the stepparent) must file an Original Petition for Adoption of a Stepchild in the family court where you and your daughter reside.
This petition requests that the court legally recognize your husband as your daughter’s new parent.
Step 3: Complete a Home Study (May Be Waived)
Texas courts generally require a home study, which includes a background check, interview, and evaluation by a licensed social worker.
However, because this is a stepparent adoption, many judges choose to waive the home study requirement, especially if your daughter already lives with you and your husband.
Step 4: Obtain Consent from Your Daughter (If Over 12)
If your daughter is 12 years or older, she must give written or verbal consent to the adoption before it can be finalized.
Step 5: Attend the Adoption Hearing
Once all documents are filed and requirements are met, you, your husband, and your daughter will attend a short hearing before a family court judge.
At the hearing, the judge will:
- Review your adoption petition and background documents.
- Ensure the termination of parental rights has been handled properly.
- Ask brief questions to confirm the adoption is in your daughter’s best interest.
If approved, the judge will sign a Final Order of Adoption, making your husband your daughter’s legal father.
Afterward, you can request a new birth certificate showing your husband’s name as her parent.
HOW LONG DOES IT TAKE?
Most stepparent adoptions in Texas take 3 to 6 months. If the other biological parent contests termination, the process can take longer.
HOW MUCH DOES IT COST?
Stepparent adoptions are typically less expensive than other types of adoption. Estimated costs include:
- Court filing fees: $300–$400
- Attorney fees: $1,000–$5,000 (depending on case complexity)
- Home study (if required): $1,000–$2,500
BENEFITS OF STEPPARENT ADOPTION
- Provides your daughter with two legal parents.
- Grants your husband legal rights and recognition as a parent.
- Strengthens your family’s emotional and legal stability.
- Gives your daughter inheritance and parental rights.
FREQUENTLY ASKED QUESTIONS
Do I need my ex’s consent for the adoption?
Yes, unless their rights are terminated by the court for reasons like abandonment, neglect, or lack of contact.
Can my husband adopt without hiring a lawyer?
While it’s legally possible, adoption and termination of parental rights are complex legal processes. Hiring an attorney ensures the paperwork and procedures are handled correctly.
What if the other parent can’t be located?
If you’ve made reasonable efforts to locate them, the court may allow service by publication (public notice in a newspaper) and proceed with termination if justified.
FINAL THOUGHTS
So, how can your husband adopt your daughter in Texas? It involves terminating the other parent’s rights, filing an adoption petition, and attending a brief court hearing. Once finalized, your husband becomes your daughter’s legal father—with all the rights and responsibilities of parenthood.
The process may seem intimidating, but with the help of an experienced family law attorney, it’s one of the most fulfilling legal steps you can take as a family.
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.