Deciding to grow your family through adoption is a profound and beautiful choice. It’s a journey of the heart, but it can also feel like navigating a maze of legal requirements, emotional questions, and practical planning. At its core, adoption is about one powerful thing: building a family with love and commitment.
To begin, you'll explore which adoption path is the right fit for your family, complete a home study, and file a petition with the court. While it may seem like a lot, it is a structured process designed to protect everyone involved—especially the child. The journey includes background checks, interviews, and a post-placement supervision period before a judge makes it official, legally and forever making a child part of your family.
Your Texas Adoption Journey Starts Here
When you first ask, "How do you adopt?" you are taking a courageous first step on a life-changing path. It is natural to feel overwhelmed by the sheer volume of information. That's where we come in. Here at The Law Office of Bryan Fagan, PLLC, our goal is to be your reassuring guide, breaking down this seemingly enormous process into clear, manageable actions.
This guide is for all Texas families—hopeful parents ready to start their journey, loving relatives stepping up to care for a child, and thoughtful birth parents exploring their options. We understand that adoption is so much more than a legal transaction; it's the deeply personal story of creating a family.
What to Expect on Your Adoption Path
Every adoption story is unique, but most follow a framework laid out in the Texas Family Code (Chapters 162-166). Becoming familiar with this structure can help you feel more prepared and in control of your journey.
The main pathways to adoption are quite distinct. Let's take a quick look.
This table offers a quick comparison of the primary types of adoption available to families in Texas, highlighting the key characteristics of each.
A Snapshot of Adoption Pathways in Texas
| Adoption Type | Common Scenario | Key Consideration |
|---|---|---|
| Private Infant Adoption | Working with an agency or attorney to match with expectant parents making an adoption plan. | This path often involves higher costs and variable wait times. |
| Adoption from Foster Care | Adopting a child whose biological parents' rights have been terminated by the state (CPS). | Focuses on providing a permanent home for children who need one; often low-cost or free. |
| Stepparent or Kinship Adoption | A stepparent adopts their spouse's child, or a grandparent adopts their grandchild. | Formalizes a bond that already exists, solidifying legal parental rights for the caregiver. |
There are several ways to build your family through adoption, and understanding the differences is the first step in finding the right path for you.
A common misconception is that you must be a "perfect" parent to adopt. Let's clear that up right now. The state of Texas is simply looking for stable, loving, and supportive adults who can provide a safe home. Your ability to love and care for a child is what truly matters.
A Glimpse at the Road Ahead
No matter which path you choose, the core steps in a Texas adoption are all designed with one goal in mind: protecting the best interests of the child.
You will typically start with an application and a home study. From there, you will move through the legal process of terminating the biological parents' rights, followed by a post-placement period where your family adjusts to its new life together. More than 50,000 children are adopted from foster care in the U.S. each year, a testament to how many families find this path rewarding.
The journey concludes with a finalization hearing. This is a joyful day in court where a judge signs the decree that officially and forever makes you a family. Our goal is to walk with you every step of the way, providing the legal clarity and compassionate support you deserve.
Preparing Your Heart and Home for a Child
Long before any legal paperwork is filed, the real work of adoption begins inside you and your home. This is the crucial time for building a foundation of love, stability, and understanding for the child who will one day join your family.
A central piece of this preparation is the Texas Home Study, a step that can cause a lot of anxiety for hopeful parents. But we want to reframe it for you: it is truly meant to be a supportive and collaborative experience, not an intimidating test.
Many people hear "home study" and picture a white-glove inspection designed to find flaws. Let's clear that up. It has very little to do with having a perfect house or hitting a certain income bracket. It is about ensuring a child will land in a safe, nurturing, and secure home. Think of it as a partnership between you and a social worker, working together to confirm your home is ready.
What the Home Study Really Involves
The home study is a comprehensive process, but it is more manageable than it sounds. Guided by the Texas Family Code, it is simply the state's way of getting to know you—and your opportunity to learn more about the responsibilities of adoptive parenting.
Here’s what you can generally expect:
- Personal Interviews: These are just conversations. You'll share your life story, what led you to adoption, and your ideas about parenting. It's a chance for the social worker to see the loving home you're ready to provide.
- Financial Review: This isn't about being wealthy. It is about showing you are financially stable and can responsibly manage your resources to provide for a child's needs.
- Background Checks: As required by Texas Family Code § 162.0085, every adult living in the home must undergo criminal background and child abuse registry checks. This is a non-negotiable safety measure for the child.
- Home Safety Assessment: The social worker will do a walkthrough to check for basic safety features, like working smoke detectors and ensuring chemicals are stored safely.
We once worked with a wonderful Houston couple who were terrified they would be disqualified because they lived in a small two-bedroom apartment. They didn’t have a big house or a fenced yard. But the social worker was far more impressed with their tight-knit support system of friends and family, their stable relationship, and the obvious love they had to offer. In the end, that's what truly mattered.
More Than a Checklist—It's About Preparation
Beyond the physical assessment of your home, this phase is about equipping you with the tools for the road ahead. Adoption is an incredible gift, but it comes with its own unique set of challenges and joys.
That's why pre-adoptive training is a required part of many adoption paths in Texas. These courses cover essential topics that prepare your heart and mind.
You will learn about things like:
- Understanding and responding to childhood trauma.
- Navigating the dynamics of open adoption.
- Helping a child embrace their personal adoption story.
- Building attachment and creating a strong bond.
Think of this stage not as a test you have to pass, but as the exciting first chapter of your family’s story. It is a time for self-reflection, learning, and intentionally preparing a space—both physically and emotionally—for a child to thrive.
As you get ready, exploring resources for parenting support can be incredibly helpful. This journey is as much about your own growth as it is about preparing for a child. For a more detailed look at this crucial step, check out our dedicated article on the top components of a Texas adoption home study. It gives an even deeper dive into what you can expect.
This period of preparation ensures you’re not just ready for finalization day, but for the lifetime of love that follows.
Exploring Your Adoption Options in Texas
Adoption isn’t a one-size-fits-all process. Think of it as a landscape with different paths, each with its own legal terrain and emotional milestones. When you start asking, "how do you adopt," the first real step is understanding these different routes to find the one that fits your family’s story.
The journey you choose will shape everything from the timeline and costs to the specific challenges and joys you’ll encounter. Let's walk through the most common ways families are built through adoption here in Texas.
Stepparent Adoption: Formalizing a Cherished Bond
For many blended families, the parent-child bond is already deeply rooted long before any legal papers are filed. A stepparent adoption is a beautiful way to legally formalize a relationship you and your stepchild already cherish. More than just a piece of paper, it provides incredible security for the child, ensuring their stepparent has the full legal rights and responsibilities of a parent.
This is often one of the more straightforward types of adoption, particularly when the other biological parent agrees. A critical part of the process involves the termination of the other biological parent's rights. This can happen voluntarily, where the parent agrees to sign away their rights, or involuntarily if a court finds that the parent has abandoned the child or poses a risk. A consensual process is always smoother, but we are fully prepared to guide you through the complexities if the termination is contested.
Kinship Adoptions: Keeping Family Together
There is something incredibly powerful about family members stepping up to provide a stable, loving home for a child in their own family. Kinship adoptions—where relatives like grandparents, aunts, or uncles adopt a child—are a common and beautiful way to preserve vital family connections.
These adoptions often arise from tough situations, like a parent's inability to care for their child. The Texas Family Code recognizes just how important it is to keep these family ties intact. Because of this, the legal process is often streamlined for relatives, acknowledging the existing bond and prioritizing the child’s comfort within a familiar support system.
Kinship adoption is a testament to family unity. It ensures a child can grow up surrounded by their heritage and family history, which is an invaluable gift for their identity and sense of belonging.
Adopting from Foster Care (CPS)
For those with a heart for giving a deserving child a second chance, adopting through the Texas Department of Family and Protective Services (DFPS), also known as CPS, is a deeply rewarding path. These children are in the state's care because their biological parents' rights have been terminated, usually due to abuse or neglect. They are waiting for a permanent, loving family to finally call their own.
Adopting from foster care comes with some unique benefits:
- Minimal Cost: The state covers most costs associated with a foster care adoption, making it an accessible option for many families.
- Ongoing Support: Families who adopt from DFPS often receive continued support, like medical assistance for the child (Medicaid) and sometimes a monthly subsidy to help with their care.
- Older Children and Sibling Groups: While infants are sometimes available, this path often involves welcoming older children, teenagers, or sibling groups who need to stay together into your home.
For a closer look at what this process entails, check out our comprehensive guide on how to adopt in Texas, which breaks down the specific steps for different adoption types.
Private Infant and International Adoption
When many people first imagine adoption, they picture bringing home a newborn. Private infant adoption is the journey for this, typically handled through an adoption agency or an attorney. It involves being "matched" with expectant parents who are creating an adoption plan for their child. It's a process built on trust, open communication, and immense respect for the birth parents' courageous choice. The costs and timelines here can vary much more than in a DFPS adoption.
Another option, though it has become much less common, is international adoption. The global landscape for this has changed dramatically over the past two decades. In fiscal year 2004, U.S. families adopted 22,988 children from other countries. By fiscal year 2023, that number had plummeted to just 1,275—a staggering 94% decrease. This massive shift has made international adoption a far more complex and lengthy process. You can dig into the data and what it means for families by reviewing the full research on international adoption statistics from Pew Research Center.
Understanding the Texas Adoption Legal Process
Once you have prepared your home and decided on an adoption path, the journey officially enters the legal world. This is where having compassionate, expert legal guidance shifts from a nice-to-have to an absolute necessity.
The process can feel intimidating, full of complex language and unfamiliar procedures. But every single step is there for a reason: to protect the child and build a legally ironclad foundation for your new family.
Our role is to translate the dense language of the Texas Family Code into plain English, turning legal requirements into clear, manageable actions. We will be your advocates, making sure every document is filed correctly and every hearing is handled with care. That way, you can focus on what really matters—getting ready to welcome your child home.
Filing the Petition to Adopt
The legal journey officially begins when your attorney files a Petition to Adopt with the proper Texas court. This document is your formal, official request to establish a legal parent-child relationship.
It contains all the vital information about you, the child, and the unique circumstances of the adoption. Filing it sets the entire legal process in motion and gives the court jurisdiction to hear your case.
This infographic breaks down the most common pathways that lead families to this legal starting point.
Whether you arrive here through foster care, a private arrangement, or by formalizing the bond you already share with a stepchild, the legal framework from this point on is designed to ensure a secure and permanent outcome for everyone.
Termination of Parental Rights
Before any adoption can be finalized, the legal rights of the child's biological parents must be addressed and formally terminated. This is a profound and often emotionally charged step, but it is a legal necessity. Governed by Chapter 161 of the Texas Family Code, this action is what legally clears the way for a new parent-child relationship to be formed.
Termination can be voluntary, where a birth parent consents and signs a legal document to relinquish their rights. In other cases, it is involuntary, where a court steps in and terminates a parent's rights due to findings of abandonment, neglect, or abuse. This is a delicate area of the law, and having an experienced attorney is vital to protect the child’s best interests and the integrity of the adoption.
This step isn’t about erasing a child’s history. It is about creating legal permanency and ensuring that you, as the adoptive parent, have the sole authority to make decisions and provide care for your child—now and forever.
Post-Placement Supervision and Reporting
After a child is placed in your home, a period of observation begins. This is typically called post-placement supervision. For about six months, a social worker will visit your home periodically to see how things are going.
Let us be clear: these visits are not inspections designed to find fault. Think of them as supportive check-ins to see how everyone is adjusting to the new family dynamic. The social worker is there to offer resources, answer your questions, and provide guidance.
At the end of this period, the social worker prepares a final report for the court with a recommendation to finalize the adoption. If you want to dive deeper into the specifics, we have an in-depth article that covers Texas adoption legal requirements.
Your Finalization Hearing
The finalization hearing is the beautiful, emotional culmination of your entire adoption journey. It is the day you officially become a family in the eyes of the law. This court appearance is usually a joyful and celebratory event, often filled with happy tears and surrounded by supportive family and friends.
Let's picture it. Sarah, a single teacher, has been fostering a 7-year-old boy named Leo for over a year. On finalization day, they walk into the courtroom holding hands. The judge smiles warmly and asks Leo if he wants Sarah to be his mom forever. He shouts, "Yes!" The judge signs the Final Decree of Adoption, and the courtroom erupts in applause. That one signature transforms their lives, legally and permanently.
During this hearing, the judge reviews all the paperwork—the home study, termination orders, post-placement reports—and confirms that the adoption is in the child's best interest. Once the judge signs that final decree, the process is complete. Your child is legally yours, with all the rights and responsibilities that entails. It is the moment your dream becomes a reality.
Life After Your Adoption Is Finalized
Finalization day is an incredible celebration, the beautiful finish line of a long and emotional journey. But it is also the starting line for a brand new chapter—the rest of your life together as a family. Once the decree is signed, the legal process ends, and the real, day-to-day adventure of parenting truly begins.
The focus naturally shifts from court dates and stacks of paperwork to building deep, lasting bonds and figuring out your new family dynamic. This is a time for connection, growth, and establishing the rhythms that will define your family for years to come.
First Steps as a New Legal Family
Once the celebration cake is gone, there are a few practical steps to take that officially cement your child's place in your family. These are important administrative tasks that reflect the permanent, legal nature of your new relationship.
One of the first things you will do is get a new birth certificate for your child. Your attorney is key here; they will help you file the necessary forms with the Texas Bureau of Vital Statistics. The updated certificate will list you as the parent(s) and, if you have chosen one, reflect your child's new legal name.
This is so much more than just a piece of paper. It is a powerful symbol of a fresh start and legal permanence. This is the document you will use for everything from school registration to getting a driver's license down the road.
Nurturing Your Family Bonds
With the legal side wrapped up, you can pour all your energy into what matters most: building a deep, unshakable bond with your child. For families with infants and young children, learning about strengthening the parent-baby connection can offer some fantastic insights and practical tips.
This is also the time when you will start navigating the terms of any post-adoption contact agreements. If you have an open or semi-open adoption, this agreement outlines how you will manage communication between your child and their birth family.
For instance, a family we worked with in Austin agreed to send photos and letters twice a year, plus have one video call near the child’s birthday. Honoring that commitment was not just about fulfilling a legal obligation; it was an act of love that helped their daughter understand her story and feel connected to everyone who cares for her.
The post-adoption phase is all about nurturing the roots you’ve legally planted. It is a time to build trust, establish new family traditions, and create a safe space for your child to thrive and ask questions about their history.
Finding Your Support Network
You are definitely not alone on this journey. Texas has a strong network of resources for adoptive families, ready to help you navigate any challenges that pop up as your child grows. It is a smart move to get connected with these resources early on.
Consider looking into:
- Adoption Support Groups: There's nothing like connecting with other adoptive parents. It is a space to share experiences and get advice from people who genuinely get it.
- Therapy and Counseling: Finding a therapist who specializes in adoption can be an incredible resource for both you and your child, especially for working through complex emotions or past trauma.
- Community Organizations: Many local nonprofits host workshops, family events, and provide educational materials specifically for adoptive families.
Building a solid support system is one of the most important things you can do for your family's long-term happiness.
Financial Resources for Adoptive Families
The support does not stop at emotional and community resources; it extends to financial assistance, too. Many families are eligible for programs designed to ease the financial side of raising a child.
The federal Adoption Tax Credit is a big one, helping to offset many of your adoption-related expenses. Families who adopt from foster care might also qualify for state subsidies to help cover the child’s medical and living costs.
Adopting from foster care is a path many families choose. In fiscal year 2023, 50,193 children were adopted from foster care in the U.S., while 36,411 children were still waiting for a permanent home. The costs are often very low, ranging from $0 to $2,500. You can find more foster care and adoption statistics to learn more. These financial supports are there to make sure you can provide the best possible care for your child without unnecessary financial stress.
Common Questions About Adopting in Texas
Stepping into the world of adoption naturally brings up a lot of questions. We understand. To help, we have put together some quick, clear answers to the most common things Texas families ask us. Our goal is to give you the confidence you need as you start thinking about how you want to build your family.
How Long Does the Adoption Process Take in Texas?
This is usually the first question on everyone's mind, and the honest answer is: it depends. The timeline for a Texas adoption truly hinges on the path you choose. Every family's journey is different, and a little patience goes a long way.
For a straightforward stepparent or relative adoption where everyone is on the same page, you could be looking at a finalization in as little as six months. On the other end of the spectrum, adoptions from the foster care system typically take between one and two years to complete. If you are pursuing a private infant adoption, the timeline can stretch from several months to a few years, mostly depending on how long it takes to be matched with a birth mother.
A few key milestones will shape your timeline:
- Finishing your home study and all the required training.
- The legal process to terminate the biological parents' rights.
- The mandatory six-month post-placement supervision period after the child is in your home.
Who Is Eligible to Adopt a Child in Texas?
The great news is that under the Texas Family Code, any adult can petition to adopt. The state is not focused on whether you are married, own a big house, or hit a certain income level. What they truly care about is your ability to provide a safe, stable, and loving home for a child.
At its core, the main requirement is proving you can be a great parent. You will do this by successfully completing a home study, passing all criminal background checks, and showing you are financially stable enough to support a child.
What Is an Open Adoption Versus a Closed Adoption?
Understanding the difference here is a significant step. An open adoption means there is some level of ongoing communication between the adoptive family and the birth parents. This can look like anything from sharing photos and letters to having occasional visits.
A closed adoption, on the other hand, means there is no contact, and all identifying information is sealed. These days, many families land somewhere in the middle with a semi-open adoption, where an agency or attorney helps manage communication. In Texas, you can even create a Post-Adoption Contact Agreement. If the court approves it, this agreement can be legally enforceable, which provides a lot of clarity and security for everyone involved.
The modern approach to adoption often favors openness. It gives a child a healthy way to understand their full story—honoring their history while celebrating the future they have with you.
Can I Adopt If I Am Single or Part of an LGBTQ+ Couple?
Yes, absolutely. Texas law is clear that single adults can adopt, and the U.S. Supreme Court has confirmed the right for same-sex couples to adopt in every state. What matters most is your capacity to provide a safe and nurturing home.
Your marital status or sexual orientation are not legal roadblocks to building your family through adoption in Texas. We are proud to help all loving and committed individuals and couples navigate their adoption journeys with the respect and legal expertise they deserve.
The path to adoption is full of questions, but you do not have to find the answers on your own. The team at The Law Office of Bryan Fagan, PLLC is here to provide the compassionate legal guidance your family needs.
If you are ready to take the next step toward building your family, we are here to talk.
Schedule Your Free Consultation with The Law Office of Bryan Fagan, PLLC Today
