For families who want to open their homes and hearts, adopting from foster care can be one of the most rewarding paths to adoption. Unlike private or international adoptions, foster care adoption in Texas is often low-cost or free, and the state provides significant support to families throughout the process.
If you are wondering how to adopt from foster care in Texas, this guide will walk you through the steps, eligibility requirements, and benefits.
WHAT IS FOSTER CARE ADOPTION?
Foster care adoption occurs when a child in the Texas foster care system becomes legally free for adoption after the termination of their biological parents’ rights. Many of these children have been removed from their homes due to abuse, neglect, or unsafe conditions.
Adopting from foster care provides these children with the permanent, stable families they need and deserve.
WHO CAN ADOPT FROM FOSTER CARE IN TEXAS?
Texas law allows a wide range of people to adopt from foster care. To qualify, you must:
- Be at least 21 years old
- Be financially stable
- Pass a criminal background check and child abuse registry check
- Complete pre-service training
- Provide references and proof of stable housing
- Complete a home study
Both single adults and married couples (including LGBTQ+ families) are eligible.
STEP-BY-STEP: HOW TO ADOPT FROM FOSTER CARE IN TEXAS
1. Attend an Information Session
Start by attending a local orientation offered by the Texas Department of Family and Protective Services (DFPS) or a licensed child-placing agency. This will explain the process and answer your initial questions.
2. Complete Training
Prospective adoptive parents must complete Parenting for a Lifetime training, which prepares families to meet the needs of children in foster care, including trauma-informed care.
3. Submit an Application
You’ll complete an adoption application, which includes providing personal references, medical history, employment verification, and financial documentation.
4. Undergo a Home Study
A licensed social worker will evaluate your home through visits, interviews, and background checks. The goal is to ensure the child will be placed in a safe, stable, and supportive environment.
5. Get Matched with a Child
Once approved, DFPS or your agency will match you with a child or sibling group legally available for adoption. You’ll have opportunities to meet and build a relationship before placement.
6. Placement Period
The child must live in your home for a minimum of six months before the adoption can be finalized. During this time, caseworkers will visit and provide support.
7. Finalize the Adoption in Cour
Once the placement period is complete, your attorney will schedule a hearing. A judge will review your case and issue a Final Order of Adoption, making you the child’s legal parent.
COST OF FOSTER CARE ADOPTION IN TEXAS
One of the biggest benefits of adopting from foster care is affordability. Most costs are covered or reimbursed by the state, including:
- Court filing fees
- Attorney fees
- Home study expenses
In addition, adoptive parents may qualify for reimbursement of up to $1,200 per child for nonrecurring adoption-related expenses.
FINANCIAL ASSISTANCE AND SUPPORT
Adopting from foster care also comes with ongoing support, which may include:
- Monthly adoption subsidy ($400–$1,000 depending on the child’s needs)
- Medicaid coverage for the adopted child
- Free college tuition and fees at Texas public colleges and universities
- Post-adoption support services, including counseling and training
FREQUENTLY ASKED QUESTIONS
Can I adopt a baby from foster care in Texas?
Most children in foster care are older (ages 6–17) or part of sibling groups. Infants are less common but sometimes available.
Do I have to be a foster parent first?
Not always. Some children are already legally free for adoption and can be placed directly with adoptive parents. However, many families begin as foster parents before adopting.
How long does it take?
The process can take anywhere from 6 to 18 months, depending on training, home study completion, and court schedules.
Is there ongoing oversight after adoption?
Once the adoption is finalized, the child is legally yours, and DFPS no longer oversees your home. However, post-adoption support services are available if you choose.
FINAL THOUGHTS
Adopting from foster care in Texas is a way to provide love, stability, and a permanent home to children who need it most. The process requires training, preparation, and patience—but it is also one of the most affordable and supported paths to adoption.
By working with DFPS or a licensed adoption attorney, you can navigate the process confidently and bring lasting change to a child’s life.
Interested in Foster Care Adoption?
Contact The Law Office of Bryan Fagan, PLLC today to schedule a consultation. Our experienced adoption attorneys can guide you through every step of the process and ensure your adoption journey is legally sound and successful.
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.