The decision to adopt your stepchild legally recognizes the parental role you already fill in their life. This meaningful legal step creates permanent bonds that provide security, simplify everyday matters, and honor the relationship you’ve built together. At the Law Office of Bryan Fagan, we’ve helped many Texas stepparents navigate this rewarding process.
Benefits of Adopting Your Stepchild
When you adopt your stepchild, you gain legal authority to make important decisions about education, healthcare, and other matters. Your child receives automatic inheritance rights and can access your health insurance and other benefits. The adoption remains permanent even if your marriage ends, ensuring your relationship continues regardless of circumstances.
Many parents describe the adoption day as profoundly moving—the moment when the law finally recognizes what you’ve known in your heart all along. As one client shared, “The judge just made official what we’ve felt for years—I’m his dad, no ‘step’ about it.”
The Texas Stepparent Adoption Process: 5 Steps to Success
1. Address the Other Biological Parent’s Rights
Before proceeding with adoption, you must address the parental rights of the other biological parent. Texas law allows a child to have only two legal parents, so this crucial first step can follow several paths.
The simplest scenario occurs when the biological parent voluntarily agrees to terminate their rights. They’ll sign legal documents relinquishing their parental rights, recognizing that adoption serves the child’s best interest. Our Houston family law attorneys can prepare these documents and guide this sensitive conversation.
When the biological parent refuses consent or cannot be located, you can pursue involuntary termination of parental rights. Texas courts grant this only when specific grounds exist, such as abandonment (no contact for six months or more), failure to provide financial support, endangerment through conduct or environment, or certain criminal convictions. The court must determine both that grounds for termination exist and that termination serves the child’s best interests.
If the biological parent is deceased, you’ll provide their death certificate with your adoption petition. This step often presents the greatest challenge in stepparent adoptions, but our experienced attorneys can help you determine the most appropriate approach for your situation.
2. Prepare and File Your Adoption Petition
Once the biological parent’s rights are addressed, we’ll file an Original Petition for Adoption with your county’s family court. This document includes information about all parties involved, details regarding the biological parent’s status, any request for name change, and statements establishing that the adoption serves the child’s best interests.
Supporting documents include your marriage certificate, the child’s birth certificate, background check results, and termination documents for the biological parent. Filing fees typically range from $300-$500 depending on your county.
3. Complete Background Checks and Evaluations
Texas requires criminal history and child abuse registry checks for all adoptive parents. These standard screenings apply even in stepparent adoptions where you’ve already been part of the child’s life.
Traditional adoptions require a comprehensive home study, but courts often waive this requirement for stepparent adoptions, especially when you’ve been married to the biological parent for some time and have established a relationship with the child. Our family law attorneys can request this waiver when appropriate, potentially saving you $500-$1,000.
4. Obtain Necessary Consents
Your spouse (the child’s biological parent) must consent to the adoption by signing legal documents and confirming this consent in court. If your stepchild is 12 or older, Texas law also requires their consent. The judge will speak with them privately to ensure they understand and agree to the adoption.
While younger children’s consent isn’t legally required, courts still consider their wishes when appropriate to their age and maturity.
5. Attend the Adoption Hearing
The adoption hearing represents the culmination of the process. This brief but meaningful court proceeding typically lasts 15-30 minutes. The judge reviews all documentation, asks questions about your desire to adopt, confirms consents from all required parties, and determines if the adoption serves the child’s best interests.
Upon approval, the judge signs the Adoption Order, legally establishing you as the child’s parent with all associated rights and responsibilities. This order may also change the child’s surname if requested. Following the hearing, a new birth certificate will be issued listing you as the child’s parent. Many families frame both documents as treasured keepsakes.
How Much Will It Cost?
Stepparent adoption typically costs between $1,500-$5,000 in Texas. This includes legal representation ($1,500-$4,000), court filing fees ($300-$500), background checks ($50-$100), possible home study fees ($500-$1,000 if not waived), and new birth certificate ($25-$50).
Costs increase when the biological parent contests the adoption, as additional legal proceedings become necessary. At the Law Office of Bryan Fagan, we provide clear fee explanations and offer payment plans to make the process financially accessible.
Common Challenges and Solutions
When the biological parent cannot be located, Texas law requires “diligent efforts” to find them before proceeding with termination. These efforts may include searching public records, contacting known relatives, and publishing legal notices. Our attorneys document these searches properly to satisfy court requirements.
If the biological parent actively opposes the adoption, you’ll need strong legal representation to demonstrate grounds for termination exist and that adoption serves the child’s best interests. While more challenging, these cases can succeed when evidence supports termination.
Some families worry adoption might affect relationships with the biological parent’s relatives. While adoption legally changes the parent-child relationship, many families maintain meaningful connections with extended family through informal arrangements. We can help you navigate these family dynamics thoughtfully.
Why Legal Help Matters
While online resources might suggest handling stepparent adoption yourself, the process involves complex legal requirements that vary by county. Seemingly minor errors can cause significant delays or complications.
Our experienced adoption attorneys ensure all documentation meets legal standards, properly address the biological parent’s rights, anticipate potential complications, and prepare you for court appearances. Professional representation reduces stress during this emotional process and increases the likelihood of successful completion.
Making the Day Special
Many families mark this important milestone with meaningful celebrations. Some hold special gatherings after the court hearing, create commemorative gifts, or establish annual traditions honoring their “official” anniversary. However you choose to acknowledge this day, remember it represents the legal recognition of the loving bond you’ve already built.
Ready to Begin Your Adoption Journey?
If you’re ready to take this important step, we invite you to contact our office for a consultation. We’ll discuss your specific situation, answer your questions, and develop a plan tailored to your family’s needs.
Our attorneys understand the profound significance of stepparent adoption and approach each case with the respect and care it deserves. We’ll guide you through each step, helping navigate any challenges that arise and celebrating your success.
For more information about adoption and other family law matters, explore our educational resources or our family law blog.
The journey to legally becoming your stepchild’s parent creates a lifetime of security and family unity that makes the process worthwhile. We’re honored to help Texas families take this meaningful step together.Retry
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.