How to Adopt a Child in Texas: A Comprehensive Guide

The journey to adopt a child in Texas represents one of life’s most profound and meaningful experiences. While adoption creates forever families and brings immeasurable joy, navigating the legal complexities of the Texas adoption system requires careful preparation and expert guidance. At the Law Office of Bryan Fagan, PLLC, we’ve guided countless families through this transformative process, helping them overcome challenges and fulfill their dreams of parenthood.

This comprehensive guide will walk you through the essential steps, requirements, and considerations for adopting a child in Texas. Whether you’re just beginning to explore adoption or are ready to take the next steps, this resource will provide valuable insights to help you navigate your adoption journey successfully.

Understanding Different Types of Adoption in Texas

Before embarking on your adoption journey, it’s crucial to understand the various adoption pathways available in Texas, as each has unique requirements, timelines, and considerations.

Stepparent Adoptions

Stepparent adoption occurs when a person legally adopts their spouse’s biological child. This process typically requires terminating the parental rights of one biological parent while maintaining the rights of the other (your spouse). Stepparent adoptions are among the most straightforward adoption processes when the non-custodial parent consents, though they still require proper legal procedures to ensure the child’s best interests are protected.

Domestic Private Adoptions

Private adoptions involve a direct arrangement between birth parents and adoptive parents, often facilitated by adoption agencies or attorneys. These adoptions typically involve newborns or infants and allow for varying degrees of ongoing contact between the adoptive family and birth family, depending on the preferences of all parties involved.

Relative/Kinship Adoptions

When family members such as grandparents, aunts, uncles, or siblings adopt a related child, this is known as kinship adoption. These adoptions often occur when biological parents are unable to care for their children due to various circumstances. While the process may be somewhat simplified compared to other adoption types, Texas family courts still require proper legal procedures to protect the child’s best interests.

Foster Care Adoptions

Adopting from the foster care system involves working with the Texas Department of Family and Protective Services to provide a permanent home for a child currently in state care. These children often range from toddlers to teenagers and may have experienced trauma or have special needs. While the process can be emotionally complex, it’s also deeply rewarding and typically less expensive than private adoptions.

International Adoptions

International adoption involves adopting a child from another country, requiring compliance with both U.S. immigration laws and the laws of the child’s birth country. The process typically involves working with an international adoption agency, completing a home study, and navigating immigration procedures. After bringing your child home, you’ll need to complete a “re-adoption” process in Texas to secure a U.S. birth certificate.

LGBTQ+ Adoptions

Same-sex couples in Texas have the same legal right to adopt as heterosexual couples. While some agencies may have specific religious affiliations that impact their policies, our family law attorneys can help LGBTQ+ individuals and couples find welcoming agencies and navigate any unique considerations that may arise during the adoption process.

Eligibility Requirements for Adopting in Texas

Texas has specific requirements for prospective adoptive parents, designed to ensure children are placed in safe, stable, and loving homes. Understanding these requirements can help you prepare for a successful adoption journey.

Basic Requirements

To adopt a child in Texas, you must:

• Be at least 21 years old (some agencies require adults to be 25+)
• Pass comprehensive background checks, including criminal history and child abuse registry checks
• Demonstrate financial stability sufficient to meet a child’s basic needs
• Provide adequate living space for a child
• Complete a home study
• Participate in required adoption education and training
• Be physically and mentally capable of caring for a child

Contrary to common misconceptions, you do not need to:

• Be wealthy
• Own your home
• Be married (single individuals can adopt)
• Have other children
• Be of a certain age (beyond the minimum requirement)

The most important qualification is your ability to provide a safe, stable, and loving environment where a child can thrive.

Home Study Requirements

The home study is a critical component of the adoption process, designed to evaluate your readiness for adoption. During this assessment, a licensed social worker will:

• Inspect your home for safety and adequate space
• Interview all household members
• Review financial records and verify employment
• Evaluate health statements
• Analyze the results of criminal background checks
• Contact personal references
• Review autobiographical statements

While this process may seem intimidating, it’s designed to ensure children are placed in appropriate homes and to help prepare you for the realities of adoption. Our adoption attorneys can help you prepare for this important evaluation and address any concerns that arise.

The Texas Adoption Process: Step by Step

1. Self-Assessment and Initial Decision-Making

Before beginning the formal adoption process, take time to reflect on your motivations, preferences, and readiness for adoption. Consider:

• Your reasons for wanting to adopt
• Age range, background, and needs of the child you hope to adopt
• Type of adoption that feels right for your family
• Your comfort level with ongoing birth family contact
• Financial resources available for the adoption process

This self-reflection lays the groundwork for a successful adoption journey and helps you make informed decisions moving forward.

2. Select an Adoption Professional

Choose an experienced family law attorney who specializes in Texas adoptions. At the Law Office of Bryan Fagan, we provide comprehensive guidance through every step of the adoption process, ensuring your rights are protected and all legal requirements are met. Depending on your chosen adoption path, you may also work with an adoption agency, social worker, or other professionals.

3. Complete Required Education and Training

Texas requires adoptive parents to complete training before placement. For example, parents adopting through foster care must complete a 35-hour Parent Resource Information Development Education (PRIDE) course. Private and international adoptions also include education components, though requirements vary. This training prepares you for the unique aspects of adoptive parenting and addresses topics such as:

• Child development and attachment
• Impact of trauma on children
• Cultural sensitivity and identity formation
• Effective discipline techniques
• Resources for post-adoption support

4. Complete the Home Study Process

Once you’ve selected an adoption professional and completed initial training, you’ll begin the home study process described earlier. This typically takes 2-3 months to complete and results in a detailed report that will be submitted to the court and, in some cases, shared with birth parents or adoption agencies as part of the matching process.

5. Adoption Matching and Placement

The matching process varies depending on your adoption path:

• In private infant adoptions, birth parents often select adoptive families from profiles
• In foster care adoptions, caseworkers help identify potential matches based on the child’s needs and your capabilities
• In international adoptions, matching procedures vary by country

This waiting period can be challenging, but patience is essential as you wait for the right match for your family. Once matched, the child will be placed in your home, beginning a supervisory period.

6. Post-Placement Supervision

After placement, a social worker will conduct several home visits (typically 4-6) over a period of at least six months to ensure the placement is successful and provide support as needed. During this time, you’ll adjust to life as a family and prepare for the final legal steps.

7. Finalization

The culmination of your adoption journey is the finalization hearing, where a judge reviews your case and, if all requirements are met, issues a final adoption decree. This legal document establishes your permanent parent-child relationship and is a momentous occasion worth celebrating! After finalization, you’ll receive a new birth certificate for your child listing you as the legal parent(s).

Legal Considerations in Texas Adoptions

Termination of Parental Rights

Before an adoption can proceed, the rights of the biological parents must be terminated. This may occur:

• Voluntarily, when birth parents consent to the adoption
• Involuntarily, through court proceedings in cases of abandonment, abuse, neglect, or other statutory grounds

Our Texas family law attorneys can guide you through this complex legal process, which must be handled with precision to ensure a legally secure adoption.

Birth Parent Consent

Texas law includes specific provisions regarding birth parent consent:

• Birth mothers cannot provide consent until at least 48 hours after childbirth
• Birth fathers may sign consent before birth
• If a father is not married to the mother and not listed on the birth certificate, he must register with the Texas Paternity Registry within 31 days of birth to preserve his rights
• Consent must be voluntary and informed

Understanding these requirements is crucial for establishing a legally secure adoption.

Interstate Adoption Considerations

If you’re adopting a child from another state, the adoption must comply with the Interstate Compact on the Placement of Children (ICPC). This agreement ensures consistent protection of children across state lines and requires approval from both states before a child can be placed. Our attorneys can help navigate these additional requirements to ensure a smooth process.

Open vs. Closed Adoptions

Modern adoptions exist on a spectrum of openness:

• Open adoptions involve ongoing contact between birth and adoptive families
• Semi-open adoptions typically include limited contact, often through an intermediary
• Closed adoptions involve no ongoing contact

While Texas does not legally enforce post-adoption contact agreements, establishing clear expectations is important for all parties. Our family law firm can help you navigate these arrangements with sensitivity and clarity.

The Financial Aspects of Adoption

Understanding the costs associated with adoption can help you prepare financially for your journey:

Typical Costs by Adoption Type

• Foster care adoptions: Minimal costs, often under $2,500, with potential eligibility for subsidies
• Domestic private adoptions: Typically range from $25,000 to $50,000
• International adoptions: Generally $35,000 to $60,000 or more

These costs may include agency fees, legal fees, home study expenses, travel costs, and in some cases, birth parent expenses for medical care and counseling.

Financial Resources for Adoptive Families

Several resources can help offset adoption costs:

• Federal Adoption Tax Credit (over $15,000 per child in 2024)
• Employer adoption benefits
• Adoption grants from various organizations
• Low-interest adoption loans
• Income-based adoption fee scales offered by some agencies
• State subsidies for special needs adoptions

Our law office can help you understand and access these financial resources.

Post-Adoption Support and Resources

The adoption journey continues long after finalization. Building a strong support network and accessing resources can help your family thrive:

• Post-adoption counseling services
• Support groups for adoptive parents
• Heritage and cultural education programs
• Therapeutic services for children who have experienced trauma
• Educational advocacy resources
• Subsidy programs for eligible families

At the Law Office of Bryan Fagan, we remain available to our clients for post-adoption legal needs and can connect you with valuable community resources.

Your Path to Building a Forever Family

Adoption creates beautiful families and changes lives forever. Though the process requires patience, perseverance, and careful preparation, the end result—providing a loving home to a child who needs one—is profoundly rewarding.

At the Law Office of Bryan Fagan, PLLC, our experienced adoption attorneys are dedicated to guiding you through every step of your adoption journey. We provide compassionate, knowledgeable legal representation to help make your dream of parenthood a reality.

If you’re considering adoption in Texas, contact us today for a free consultation to learn how we can help you grow your family through adoption. Your forever family could be just around the corner, and we’re here to help you bring them home.