If you’re married and wondering how your husband can adopt your child in Texas, the process is known as stepparent adoption—and it’s more common (and more meaningful) than you might think.
This guide walks you through the entire stepparent adoption process in Texas, including legal requirements, paperwork, and what to expect in court.
WHAT IS STEPPARENT ADOPTION?
Stepparent adoption allows your spouse (in this case, your husband) to become the child’s legal parent.
Once complete, your husband will have the same legal rights and responsibilities as a biological parent.
It’s a powerful way to:
- Create legal security
- Simplify guardianship issues
- Give your child two recognized legal parents
WHO IS ELIGIBLE TO ADOPT A STEPCHILD IN TEXAS?
In Texas, your husband must meet the following:
1. Be legally married to you (the child’s biological/legal parent)
2. Be at least 21 years old
3. Be able to pass a background check
4. Be financially and emotionally stable
5. Have consent from the child (if 12 or older)
STEP-BY-STEP: HOW YOUR HUSBAND CAN ADOPT YOUR SON IN TEXAS
STEP 1: TERMINATE THE OTHER PARENT’S RIGHTS
The biggest hurdle is that Texas law requires the other biological parent’s rights to be terminated before a stepparent adoption can be finalized.
This can happen in two ways:
- Voluntarily – the other parent signs an affidavit giving up their rights
- Involuntarily – the court terminates their rights due to abandonment, neglect, incarceration, etc.
➡️ You’ll need to file a Petition to Terminate the Parent-Child Relationship.
STEP 2: FILE THE ADOPTION PETITION
Next, your husband files an Original Petition to Adopt a Stepchild in the district court where the child lives.
You’ll include:
- Termination paperwork
- Civil Case Information Sheet
- Request for a Final Adoption Order
STEP 3: COMPLETE A HOME STUDY
Texas usually requires a home study to evaluate your living environment and parenting abilities.
However, in stepparent adoptions, the judge may waive this requirement if it’s in the child’s best interest and your home is already well-established.
Still, it’s smart to prepare for:
- Background checks
- Home visits
- Personal interviews
STEP 4: GET CONSENT (IF APPLICABLE)
If your son is 12 years or older, he must consent to the adoption in writing or during the court hearing.
Children under 12 typically do not need to provide formal consent.
STEP 5: FINAL ADOPTION HEARING
Once all documents are submitted and requirements are complete, the court schedules a final adoption hearing.
Bring:
- Your ID
- Copies of the petition and termination documents
- Your son (if needed for consent)
The judge may ask questions to confirm:
- The adoption is in your child’s best interest
- The other parent’s rights are properly terminated
- Your husband understands his responsibilities
Once approved, the judge signs the Final Order of Adoption.
STEP 6: UPDATE LEGAL RECORDS
After the adoption is granted:
- File the Final Order with the court
- Submit a VS-165 form to update your child’s birth certificate with your husband’s name
Your husband will now be listed as the legal parent.
HOW LONG DOES IT TAKE?
A stepparent adoption in Texas typically takes 3 to 6 months, depending on:
- How fast the other parent’s rights are terminated
- Court scheduling
- Whether the home study is required
DO YOU NEED A LAWYER?
While some families complete the process on their own, we recommend working with a Texas family law attorney—especially if:
- The other parent contests the termination
- You need help with paperwork
- You want to avoid delays or rejections
FREQUENTLY ASKED QUESTIONS
Can my husband adopt my son if the biological father is not involved?
Yes, especially if the father is absent, unresponsive, or hasn’t supported the child. You can request involuntary termination.
Do we both need to go to court?
Yes. Both you (the biological parent) and your husband must attend the final hearing.
What if we can’t find the other parent?
You may still be able to terminate rights through “service by publication”—ask an attorney for help.
FINAL THOUGHTS
If you’re asking, “How can my husband adopt my son in Texas?”, the answer is: through a structured legal process designed to protect your child’s best interest.
Once complete, stepparent adoption creates a bond that’s not just emotional—but legal, permanent, and powerful.
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.