Adopting a family member can provide legal security, emotional stability, and important benefits for both the child and the adoptive parent. In Texas, relative adoption—also called kinship adoption—is a common process for grandparents, aunts, uncles, siblings, and other relatives who want to provide a permanent home for a child in their family.
This guide explains how to adopt a family member in Texas, including eligibility, legal steps, and what to expect along the way.
WHO CAN ADOPT A FAMILY MEMBER IN TEXAS?
Under Texas law, you may adopt a relative if you meet the basic requirements for adoption:
- Age: At least 21 years old
- Residency: A Texas resident or have the child living in Texas
- Stability: Financially stable and emotionally capable of parenting
- Background: Able to pass a criminal history and child abuse background check
Relatives who commonly adopt include:
- Grandparents
- Aunts and uncles
- Adult siblings
- Cousins
- Step-parents (through stepparent adoption)
STEP-BY-STEP PROCESS TO ADOPT A FAMILY MEMBER IN TEXAS
1. Determine Eligibility
You must be able to show that adoption is in the child’s best interest. In most cases, this involves proving that the biological parents cannot or should not have parental rights due to absence, neglect, abuse, or voluntary relinquishment.
2. Terminate the Biological Parents’ Rights
Before adoption can occur, the child’s biological parents must have their parental rights legally terminated. This can happen in two ways:
- Voluntary Termination – The parent(s) sign an affidavit giving up their rights.
- Involuntary Termination – A court determines termination is necessary due to specific legal grounds such as abandonment, endangerment, or failure to support.
Termination and adoption are sometimes filed together in one case.
3. File the Adoption Petition
You will need to file an Original Petition for Adoption in the family court of the county where the child lives. The petition will include details about your relationship to the child, the child’s history, and why adoption is in the child’s best interest.
4. Complete a Home Study
Most kinship adoptions in Texas require a home study, unless waived by the court. The home study is an evaluation by a licensed social worker that includes:
- Home visit
- Interviews with family members
- Background checks
- Assessment of financial stability
5. Attend the Adoption Hearing
Once the court reviews your petition, background checks, and home study, a hearing will be scheduled. At the hearing, the judge will confirm that:
- Parental rights have been terminated
- The adoption serves the child’s best interest
- You are prepared to meet the child’s needs
If approved, the judge will sign the Final Order of Adoption.
6. Update Legal Records
After the adoption is finalized, you can:
- Request a new birth certificate listing you as the legal parent
- Update school, medical, and insurance records
- Add the child to your estate plan for inheritance rights
COST OF ADOPTING A FAMILY MEMBER IN TEXAS
Kinship adoptions are generally less expensive than private or agency adoptions. Costs typically range from $1,000 to $3,000, depending on:
- Court filing fees
- Attorney fees
- Home study costs (if required)
In some cases, fees may be waived or reduced, especially if the child has been in the care of the Texas Department of Family and Protective Services (DFPS).
BENEFITS OF FAMILY MEMBER ADOPTION
- Legal Parental Rights – Full authority to make medical, educational, and legal decisions
- Inheritance Rights – The child gains inheritance rights from you under Texas law
- Stability – Provides a permanent, safe, and supportive home
- Access to Benefits – May include health insurance, survivor benefits, and Social Security
FREQUENTLY ASKED QUESTIONS
Do both biological parents need to consent?
If both parents still have parental rights, consent or a court-ordered termination is required.
Can I adopt without a home study?
The court may waive the home study in some kinship adoptions, but this is determined case-by-case.
Can a grandparent adopt without DFPS involvement?
Yes. Many kinship adoptions are private family matters that do not involve foster care placement.
FINAL THOUGHTS
Adopting a family member in Texas is often less complicated than other types of adoption, but it still requires meeting legal requirements, filing the correct paperwork, and in many cases, terminating parental rights. The process ensures that the child has legal security and the full protection of Texas family law.
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.