In Texas, grandparents often play a vital role in raising and supporting their grandchildren. In some cases, grandparents may decide that adoption is the best way to provide long-term security and stability for a child. If you’re asking, “How do I adopt my grandchild in Texas?”, the answer depends on meeting certain legal requirements and following a clear process.
This guide explains when grandparent adoption is possible, the steps involved, and what to expect in court.
WHEN CAN A GRANDPARENT ADOPT A GRANDCHILD?
For a grandparent to adopt, the parental rights of the child’s biological parents must be terminated. This can happen in two ways:
- Voluntary Termination – The biological parents agree to relinquish their rights, signing a legal affidavit of voluntary termination.
- Involuntary Termination – The court terminates parental rights due to abandonment, neglect, abuse, substance abuse, incarceration, or other legal grounds.
Without termination of parental rights, adoption cannot proceed.
BENEFITS OF GRANDPARENT ADOPTION
Adopting your grandchild gives you:
- Full parental rights – You become the child’s legal parent with the authority to make decisions about healthcare, education, and upbringing.
- Stability for the child – Adoption provides permanency, ensuring the child is raised in a safe and stable home.
- Inheritance rights – The child gains the same legal rights as a biological child under Texas inheritance laws.
- Access to benefits – Adoption may secure eligibility for Social Security, insurance, and other dependent benefits.
STEP-BY-STEP: HOW TO ADOPT YOUR GRANDCHILD IN TEXAS
Step 1: File a Petition for Adoption
You’ll begin by filing an Original Petition for Adoption in the family court of the county where the child resides.
Step 2: Terminate Parental Rights
If the biological parents’ rights have not already been terminated, you must file a Petition to Terminate Parental Rights along with your adoption case.
Step 3: Complete a Home Study (May Be Waived)
Texas law generally requires a home study, but in grandparent adoptions, some courts may waive this requirement, especially if the child has already been living with you.
Step 4: Obtain the Child’s Consent (If Over 12)
If your grandchild is 12 years or older, Texas law requires that they consent to the adoption.
Step 5: Adoption Hearing
At the hearing, the judge will review the case, verify that adoption is in the child’s best interest, and, if everything is in order, sign a Final Order of Adoption.
Step 6: Update Legal Documents
After adoption, you may request a new birth certificate naming you as the child’s legal parent and update school, medical, and insurance records.
COST OF GRANDPARENT ADOPTION IN TEXAS
Grandparent adoptions are generally less expensive than private or agency adoptions. Typical costs include:
- Court filing fees: $300–$400
- Attorney fees: $1,000–$5,000, depending on complexity
- Home study (if required): $1,000–$2,500
If parental rights are contested, costs may increase due to additional hearings and litigation.
FREQUENTLY ASKED QUESTIONS
Can I adopt my grandchild if the parents disagree?
Yes, but you must prove legal grounds for involuntary termination, such as abandonment, neglect, or unfitness.
Will I need a lawyer?
While not required, adoption cases—especially those involving termination of parental rights—can be complex. Having an attorney greatly improves your chances of success.
Do I have to be married to adopt my grandchild?
No. Both married couples and single individuals may adopt in Texas.
Can the adoption be reversed later?
Adoptions in Texas are generally permanent and cannot be undone unless fraud or serious legal errors are proven.
FINAL THOUGHTS
Adopting your grandchild in Texas can be a life-changing step that provides legal stability and emotional security. While the process may involve legal hurdles, especially around termination of parental rights, the end result is a permanent parent-child relationship that benefits both you and your grandchild.
Considering Adopting Your Grandchild?
Contact The Law Office of Bryan Fagan, PLLC today to schedule a consultation. Our experienced family law attorneys can guide you through every step of the process and help you secure the future of your grandchild.
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.