Adopting an infant is one of the most meaningful decisions a family can make. While Texas law provides multiple adoption options, infant adoption is often pursued through private agencies or independent arrangements with birth parents. If you are considering this path, you may be wondering: How do you adopt an infant in Texas?
This guide explains the process, requirements, costs, and what to expect when adopting a baby in Texas.
REQUIREMENTS TO ADOPT AN INFANT IN TEXAS
Texas law allows both single adults and married couples to adopt, including LGBTQ+ individuals. To qualify, you must:
- Be at least 21 years old
- Demonstrate financial stability
- Pass a criminal background check and child abuse registry check
- Complete a home study
- Provide references and proof of stable housing
Unlike foster care adoption, infant adoption is usually pursued privately, so you will need to work with an attorney or licensed adoption agency.
STEP-BY-STEP: HOW TO ADOPT AN INFANT IN TEXAS
Step 1: Decide on the Type of Adoption
Infant adoption in Texas generally happens through:
- Private Agency Adoption – A licensed agency matches adoptive families with expectant mothers.
- Independent Adoption – Arranged directly between birth parents and adoptive parents, usually through an attorney.
Step 2: Complete a Home Study
A home study is required by Texas law for infant adoptions. This process includes:
- Criminal background checks
- Home visits and safety inspection
- Financial review
- Personal interviews
The goal is to ensure the child will be placed in a safe, stable, and nurturing environment.
Step 3: Matching With a Birth Mother
In agency adoptions, the agency will connect you with an expectant mother considering adoption. In independent cases, your attorney will guide you through direct contact. Matching times can vary from weeks to months, depending on preferences and availability.
Step 4: Consent and Relinquishment
After the baby is born, the birth mother must wait at least 48 hours before signing the legal paperwork to relinquish her parental rights. This ensures the decision is made voluntarily and without pressure.
Step 5: Placement and Temporary Custody
Once parental rights are relinquished, the infant is placed with the adoptive family. You will have temporary custody until the adoption is finalized.
Step 6: Finalization in Court
After a six-month supervisory period—during which a social worker may visit your home—the adoption is finalized at a court hearing. The judge will review your case and issue a Final Order of Adoption, making you the child’s permanent legal parents.
COST OF INFANT ADOPTION IN TEXAS
Infant adoption is typically more expensive than foster care or kinship adoption. Common costs include:
| Expense Type | Estimated Range |
|---|---|
| Agency Fees | $10,000 – $30,000 |
| Legal Fees (attorney services) | $2,500 – $7,500 |
| Birth Mother Expenses | $2,000 – $10,000+ |
| Home Study & Post-Placement | $1,500 – $4,000 |
| Miscellaneous/Admin Fees | $500 – $2,000 |
Total Cost: Approximately $20,000–$50,000, depending on the circumstances.
RIGHTS OF THE BIRTH PARENTS
Texas law requires that adoption consent is:
- Signed at least 48 hours after birth
- Voluntary, informed, and in writing
- Filed with the court
Once the adoption is finalized, the biological parents no longer have legal rights to the child, unless the adoption was set aside due to fraud or duress.
BENEFITS OF INFANT ADOPTION
- Parents are part of the child’s life from the earliest stages
- Opportunity to form strong bonds from infancy
- Legal and emotional stability for both the child and adoptive parents
- Ability to work with birth parents on open, semi-open, or closed adoption arrangements
FREQUENTLY ASKED QUESTIONS
Can a single person adopt an infant in Texas?
Yes. Single adults are eligible as long as they meet the state’s requirements.
Can the birth mother change her mind?
Yes, until parental rights are terminated by the court. Once rights are terminated, the adoption becomes permanent.
How long does infant adoption take?
Typically 6 to 12 months, though timing can vary based on availability of matches, legal requirements, and court schedules.
FINAL THOUGHTS
Adopting an infant in Texas requires patience, preparation, and financial commitment, but it can be an incredibly rewarding way to grow your family. By working with an experienced attorney or adoption agency, you can navigate the process confidently and ensure that your adoption is legally sound and in the best interest of the child.
Considering Infant Adoption in Texas?
Contact The Law Office of Bryan Fagan, PLLC today to schedule a consultation. Our experienced adoption attorneys are here to guide you through every step of the process—from home study to final court hearing—so you can focus on welcoming your new child into a loving and permanent home.
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.