How to Adopt Your Stepchild in Texas

Adopting your stepchild is one of the most meaningful legal steps a blended family can take. Beyond the emotional significance, stepparent adoption creates permanent legal bonds that protect both you and your stepchild, transforming your relationship from “step” to simply “parent and child” under the law.

As a stepparent who has been part of raising and loving this child, adoption formalizes what already exists in your heart. At the Law Office of Bryan Fagan, we’ve helped countless Texas families navigate this life-affirming process.

Why Consider Stepparent Adoption?

Stepparent adoption offers several significant benefits:

• Legal decision-making authority for school, medical care, and other important matters
• Inheritance rights that protect your child financially
• Psychological security that reinforces your permanent commitment
• Simplified daily life without explaining your “step” status to schools, doctors, and others
• Protection in case of divorce or death of the biological parent

Many stepparents describe the adoption day as one of life’s most emotional and fulfilling moments—the day when legal reality finally matches the love they’ve felt all along.

The 7-Step Process to Adopt Your Stepchild in Texas

Step 1: Address the Other Biological Parent’s Rights

Before you can adopt your stepchild, the parental rights of the other biological parent must be addressed. This happens in one of three ways:

Voluntary Termination: The ideal scenario occurs when the biological parent willingly agrees to terminate their parental rights, recognizing that adoption is in the child’s best interest. They’ll sign an affidavit of relinquishment, which our Houston family law attorneys can prepare and process properly.

Involuntary Termination: If the biological parent doesn’t consent or cannot be located, you can petition the court for involuntary termination of parental rights. Texas courts grant this only when specific grounds exist, such as:

• Abandonment (no contact for at least six months)
• Failure to support the child financially for one year or more
• Endangerment through conduct or environment
• Criminal conviction of certain serious offenses
• Drug or alcohol abuse that endangers the child

Deceased Parent: If the biological parent is deceased, you’ll need to provide their death certificate as part of your adoption petition.

This first step often presents the greatest challenge in stepparent adoptions. Our experienced attorneys can help you determine the most appropriate approach based on your specific circumstances.

Step 2: File the Adoption Petition

Once the biological parent’s rights are addressed, we’ll file an Original Petition for Adoption in your county’s family court. This document includes:

• Information about you, your spouse, and the child
• Details regarding the biological parent’s status
• Request for name change (if desired)
• Statement that the adoption is in the child’s best interest

Along with the petition, you’ll submit supporting documents such as:

• Your marriage certificate
• The child’s birth certificate
• Background check results
• Termination documents or death certificate related to the other biological parent

Step 3: Complete Required Background Checks

All prospective adoptive parents in Texas must undergo:

• Criminal history background check
• Child abuse registry check

These screenings ensure the child’s safety and well-being. Our firm will help coordinate these checks and expedite the process whenever possible.

Step 4: The Home Study (Often Waived)

Traditional adoptions require a comprehensive home study evaluation. However, Texas courts frequently waive this requirement for stepparent adoptions, especially when:

• You’ve been married to the biological parent for a significant period
• You’ve been involved in the child’s life and household for some time
• The biological parent supports the adoption fully

If required, the home study involves a social worker visiting your home, interviewing family members, and preparing a report for the court. Our family law attorneys can request a waiver of this requirement when appropriate, saving you both time and money.

Step 5: Obtain Child’s Consent (If 12 or Older)

Texas law requires that children 12 or older consent to their adoption. The court typically speaks with the child privately to ensure they understand and agree to the adoption. This conversation is handled sensitively and age-appropriately.

For younger children, consent isn’t legally required, but courts still consider the child’s wishes when appropriate.

Step 6: Attend the Adoption Hearing

Once all paperwork is complete and requirements fulfilled, the court schedules an adoption hearing. This proceeding is typically brief (15-30 minutes) but profoundly meaningful. During the hearing:

• The judge reviews all documentation
• You’ll answer questions about your desire to adopt
• Your spouse (the biological parent) confirms their consent
• The child may be asked about their wishes
• The judge determines if the adoption serves the child’s best interests

Our attorneys thoroughly prepare you for this hearing, ensuring you know what to expect and helping make this milestone the joyful occasion it should be.

Step 7: Finalization and New Birth Certificate

If the judge approves the adoption, they sign the Adoption Order, legally establishing you as the child’s parent with all associated rights and responsibilities. This order:

• Legally recognizes you as the parent (not stepparent)
• Changes the child’s name if requested
• Authorizes issuance of a new birth certificate

Following the hearing, we’ll help you obtain the new birth certificate listing you as the child’s parent. Many families frame both the adoption decree and new birth certificate as meaningful keepsakes of this significant day.

How Much Does Stepparent Adoption Cost in Texas?

Stepparent adoption is generally the most affordable type of adoption, with total costs typically ranging from $1,500-$5,000. These expenses include:

• Legal representation: $1,500-$4,000
• Court filing fees: $300-$500
• Background check fees: $50-$100
• Home study (if required): $500-$1,000
• New birth certificate: $25-$50

The exact cost depends on your specific situation, particularly whether the biological parent consents to the adoption. Contested cases involving involuntary termination tend to be more expensive due to additional legal proceedings.

At the Law Office of Bryan Fagan, we offer transparent fee structures and payment plans to make this important legal process accessible to families.

Common Questions About Stepparent Adoption

How long does the process take?

With the biological parent’s consent, stepparent adoptions typically take 3-6 months from filing to finalization. Without consent, the process may take 6-12 months or longer if termination is contested.

Will the biological parent still pay child support after adoption?

No. Adoption terminates all legal rights and responsibilities of the biological parent, including child support obligations. However, any unpaid support that accrued before termination may still be owed.

Can the biological parent later change their mind?

Once the adoption is finalized, it is permanent and cannot be reversed. The biological parent cannot later reclaim parental rights or visitation.

How do we discuss the adoption with our child?

Age-appropriate honesty serves children best. Professional counselors can provide guidance specific to your family’s situation, but generally, emphasize that adoption represents adding love and legal protection, not erasing the child’s history.

What if the biological parent cannot be located?

Texas law requires “diligent efforts” to locate an absent parent. These may include:

• Searching public records
• Contacting known relatives
• Publishing legal notices
• Checking with government agencies

Our attorneys can help document these efforts and proceed with termination when appropriate.

Special Circumstances in Stepparent Adoptions

When the Biological Parent Objects

If the biological parent actively opposes the adoption, the case becomes more challenging. You’ll need to prove grounds for involuntary termination by clear and convincing evidence—a higher standard than typical civil cases.

Our experienced Texas adoption attorneys can evaluate your case’s specific circumstances and build the strongest possible argument for termination when necessary for the child’s wellbeing.

Adopting Adult Stepchildren

Texas allows stepparent adoption of adult stepchildren through a simplified process. This option provides important benefits like inheritance rights and legal recognition of long-standing relationships. The process requires:

• Consent of the adult stepchild
• Consent of your spouse (the biological parent)
• Filing appropriate legal documents

No termination of the other biological parent’s rights is necessary for adult stepchild adoptions.

Military Families

For military families facing deployments or frequent relocations, we offer flexible scheduling and sometimes remote options for certain proceedings. Our firm proudly supports military families through the adoption process with special consideration for their unique circumstances.

Ready to Take the Next Step?

If you’re considering adopting your stepchild, we invite you to contact our office for a consultation. During this meeting, we’ll discuss your specific situation, answer your questions, and outline the steps to legally recognize the parent-child relationship you’ve already built emotionally.

Our attorneys bring both legal expertise and compassionate understanding to stepparent adoptions, helping families navigate each step with confidence.

For more information about adoption and other family law matters, explore our educational resources or our family law blog.

The journey to legally becoming your stepchild’s parent may involve some paperwork and process, but the lifetime of legal security and family unity it creates makes every step worthwhile.Retry