Stepparent adoption is one of the most rewarding legal processes a blended family can undertake. This legal procedure allows a stepparent to become the legal parent of their spouse’s child, creating permanent family bonds and providing greater stability for everyone involved. At the Law Office of Bryan Fagan, we guide many blended families through this life-affirming process each year.
This comprehensive guide explains the stepparent adoption process in Texas, including eligibility requirements, necessary steps, costs, and what to expect along the way.
Who Can Adopt a Stepchild in Texas?
To adopt your stepchild in Texas, you must meet several basic requirements:
- You must be legally married to the child’s biological parent
- You must be a legal adult (18 years or older)
- You must be a resident of Texas
- You must be able to provide a safe and stable home environment
- You must pass background checks, including criminal history and child abuse registry checks
Our Houston family law attorneys can help determine if you meet all eligibility requirements and address any potential challenges that might arise.
The Stepparent Adoption Process in Texas
Step 1: Consult with an Experienced Family Law Attorney
The first step in adopting your stepchild is to consult with a qualified family law attorney who specializes in adoptions. At the Law Office of Bryan Fagan, we offer initial consultations to discuss your specific situation, explain the legal process, and help you understand what to expect.
Stepparent adoption involves complex legal procedures, and working with an experienced attorney significantly improves your chances of a smooth, successful adoption.
Step 2: Address Parental Rights of the Non-Custodial Parent
Before a stepparent adoption can proceed, the parental rights of the non-custodial biological parent must be addressed. This can happen in one of three ways:
- Voluntary Termination: The non-custodial parent willingly consents to terminate their parental rights, typically by signing an affidavit of relinquishment. This is the simplest scenario.
- Involuntary Termination: If the non-custodial parent does not consent, you can petition the court for involuntary termination of parental rights. This requires proving grounds such as abandonment, failure to support, endangerment, or other statutory grounds.
- Deceased Parent: If the non-custodial parent is deceased, you’ll need to provide a death certificate, which simplifies the process.
Terminating parental rights is often the most challenging aspect of stepparent adoption. Our attorneys can guide you through this sensitive process with the legal expertise necessary to protect your family’s interests.
Step 3: File the Adoption Petition
Once the issue of parental rights has been addressed, your attorney will file an Original Petition for Adoption with the appropriate Texas court, typically in the county where you reside. This petition includes:
- Information about you, your spouse, and the child
- Statement regarding termination of the other biological parent’s rights
- Request for the court to grant the adoption
- Request for the child’s name to be changed (if desired)
Additional required documents include:
- Criminal history background check
- Child abuse registry check
- Marriage certificate (proving your marriage to the custodial parent)
- Child’s birth certificate
- Death certificate of biological parent (if applicable)
- Signed consent from the non-custodial parent (if applicable)
Our family law attorneys ensure all documentation is properly prepared and filed, avoiding potential delays in the adoption process.
Step 4: Home Study (Often Waived in Stepparent Adoptions)
In standard adoptions, a home study is required to evaluate the prospective parents’ home environment. However, in stepparent adoptions, the court often waives this requirement, especially when:
- The child already lives with you and your spouse
- You’ve been married to the custodial parent and involved in the child’s life for a significant period
- The custodial parent recommends the waiver
If the home study is not waived, it will involve a social worker visiting your home, interviewing family members, and assessing the environment to ensure it’s suitable for the child.
Step 5: Attend the Court Hearing
After filing the petition and completing any required evaluations, the court will schedule a hearing. Both you and your spouse should attend, and depending on the child’s age, they may need to attend as well.
During the hearing:
- The judge will review all documentation
- You may be asked questions about your desire to adopt and your relationship with the child
- If the child is 12 or older, they will be asked to consent to the adoption
- The judge will determine if the adoption is in the best interest of the child
Our attorneys thoroughly prepare you for this hearing, ensuring you understand what to expect and how to address any questions from the judge.
Step 6: Finalization of the Adoption
If the judge approves the adoption, they will sign the Adoption Order, legally establishing your parental rights to your stepchild. This order:
- Legally recognizes you as the child’s parent with all associated rights and responsibilities
- May change the child’s legal name if requested
- Authorizes the issuance of a new birth certificate listing you as the child’s parent
This final step completes the legal process, and many families choose to celebrate this special occasion with a small ceremony or family gathering.
How Much Does Stepparent Adoption Cost in Texas?
Stepparent adoption is generally less expensive than other forms of adoption. In Texas, you can expect to pay approximately:
- Legal fees: $1,500-$4,000 (varies based on complexity)
- Court filing fees: $300-$500
- Background check fees: $50-$100
- Home study (if required): $500-$1,000
- New birth certificate: $25-$50
In total, most stepparent adoptions in Texas cost between $1,500-$5,000. The exact amount depends on whether the non-custodial parent consents to the adoption and whether a home study is required.
At the Law Office of Bryan Fagan, we offer transparent fee structures and payment options to make the adoption process more accessible for families.
Special Considerations in Stepparent Adoptions
Adoption of Older Children
If the child is 12 years or older, Texas law requires their consent to the adoption. The court will typically speak with the child privately to ensure they understand and agree to the adoption.
Biological Parent’s Rights
Remember that adoption permanently terminates all legal rights and responsibilities of the non-custodial biological parent, including:
- Visitation rights
- Decision-making authority
- Child support obligations
- Inheritance rights
This is an irrevocable legal decision that should be carefully considered by all parties involved.
Impact on Child Support
After adoption, any existing child support obligations of the biological parent are terminated. The adopting stepparent assumes full financial responsibility for the child alongside the custodial parent.
If there are outstanding child support arrears, these may still need to be paid despite the termination of rights. Our child support attorneys can provide guidance on how adoption affects existing support orders.
Benefits of Stepparent Adoption
Stepparent adoption offers numerous benefits for blended families:
Legal Benefits
- Inheritance rights for the child from the stepparent
- Authority for the stepparent to make educational, medical, and other important decisions
- Ability to add the child to the stepparent’s health insurance and other benefits
- Legal permanence that survives divorce or death of the biological parent
- Simplified custody arrangements if the biological parent passes away
Emotional Benefits
- Creates a sense of permanence and security for the child
- Legally recognizes the emotional bond that already exists
- Eliminates the “step” distinction, creating unity within the family
- Provides closure and clarity about family relationships
- Often reduces conflicts and uncertainty about parental roles
Common Challenges in Stepparent Adoptions
Non-Consenting Biological Parent
When the non-custodial parent refuses to consent to the adoption, you must pursue involuntary termination of their rights. This requires proving grounds such as:
- Abandonment (no contact for at least six months)
- Failure to support the child financially
- Endangerment of the child
- Conviction of certain crimes
- Substance abuse issues affecting parenting ability
These cases are more complex and typically require substantial legal assistance. Our experienced Texas adoption attorneys can help you navigate this challenging situation.
Locating an Absent Parent
If you don’t know the whereabouts of the biological parent, you must make diligent efforts to locate them before the court will consider terminating their rights. This may include:
- Hiring a private investigator
- Searching public records
- Publishing notices in newspapers
- Checking with the Texas Vital Statistics Unit
- Consulting the State Parent Locator Service
Our attorneys can assist with these efforts and advise on how to proceed if the parent cannot be located.
Child’s Relationship with Extended Family
Adoption changes the legal relationship between the child and the biological parent’s extended family. However, it doesn’t need to end meaningful relationships with grandparents, aunts, uncles, or cousins. Many families maintain these connections even after adoption.
Why Choose the Law Office of Bryan Fagan for Your Stepparent Adoption
At the Law Office of Bryan Fagan, we understand that stepparent adoption is about legally recognizing the family bonds you’ve already formed. Our approach to stepparent adoption includes:
- Personalized guidance tailored to your family’s unique circumstances
- Clear communication throughout the legal process
- Sensitive handling of complex family dynamics
- Efficient preparation of all required documentation
- Experienced representation in court proceedings
- Celebration of this significant family milestone
Our family law blog offers additional resources on adoption and family law matters, and our attorneys are always available to answer your specific questions.
Begin Your Stepparent Adoption Journey
If you’re ready to take the legal steps to adopt your stepchild, we invite you to contact our office for an initial consultation. During this meeting, we’ll discuss your specific situation, answer your questions, and outline a plan for moving forward with the adoption process.
Stepparent adoption is a profound expression of love and commitment to your family. While the legal process may seem daunting, with the right legal guidance, it can be a smooth, positive experience that culminates in the official recognition of the parent-child relationship you’ve already built.
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.