Stepparent adoption is one of the most meaningful steps you can take to strengthen your family. It not only formalizes your role as a parent but also provides your stepchild with stability, security, and legal recognition. If you’ve been wondering, “How do I adopt my stepchild in Texas?”, here’s what you need to know about the process.
WHAT IS STEPPARENT ADOPTION?
Stepparent adoption is the legal process that allows you, as the spouse of a child’s parent, to become the child’s legal parent. Once finalized, adoption:
- Gives you the same rights and responsibilities as a biological parent.
- Allows your stepchild to inherit from you under Texas law.
- Permits you to make decisions about your stepchild’s education, healthcare, and general welfare.
- Provides your family with long-term legal security.
REQUIREMENTS TO ADOPT A STEPCHILD IN TEXAS
To adopt your stepchild in Texas, you must:
- Be legally married to the child’s parent.
- Be at least 21 years old.
- Pass a criminal background check.
- Demonstrate financial stability and a safe home environment.
TERMINATION OF THE OTHER PARENT’S RIGHTS
Texas law only allows a child to have two legal parents. Before the adoption can move forward, the other biological parent’s rights must be terminated. This can occur in two ways:
- Voluntary Termination – The other parent agrees to relinquish their rights and signs a legal affidavit.
- Involuntary Termination – The court terminates parental rights because of abandonment, neglect, lack of support, abuse, or other statutory grounds.
Without termination of the other parent’s rights, adoption cannot be finalized.
STEP-BY-STEP PROCESS TO ADOPT YOUR STEPCHILD
Step 1: File a Petition for Adoption
File an Original Petition for Adoption of a Stepchild in the county where your stepchild resides. If needed, include a Petition to Terminate Parental Rights.
Step 2: Home Study (May Be Waived)
Courts generally require a home study, where a licensed social worker evaluates your household. However, judges sometimes waive this requirement in stepparent adoptions.
Step 3: Consent of the Child (If Over 12)
If your stepchild is 12 years or older, Texas law requires their written or verbal consent to the adoption.
Step 4: Adoption Hearing
You, your spouse, and your stepchild will attend a hearing before a family court judge. The judge will review the case, ensure parental rights have been properly handled, and confirm that adoption is in the child’s best interest.
Step 5: Final Order of Adoption
If approved, the judge signs the Final Order of Adoption, making you your stepchild’s legal parent. You may then request a new birth certificate showing your name as the parent.
COST OF STEPPARENT ADOPTION IN TEXAS
Stepparent adoptions are typically less costly than other forms of adoption. Expenses often include:
- Court filing fees: $300–$400
- Attorney fees: $1,000–$5,000 (depending on complexity)
- Home study fees (if required): $1,000–$2,500
FREQUENTLY ASKED QUESTIONS
Do both biological parents have to agree?
Not necessarily. If one parent will not voluntarily relinquish rights, you can pursue involuntary termination if legal grounds exist.
Do I need a lawyer?
While Texas law allows you to represent yourself, adoption and termination of parental rights can be complicated. An attorney helps avoid costly mistakes and delays.
How long does stepparent adoption take in Texas?
Typically 3 to 6 months, though contested cases may take longer.
Conclusion: Next Steps to Adopt Your Stepchild in Texas
Adopting your stepchild in Texas is a profound way to formalize your bond and provide lasting legal protection for your family. While the process requires navigating termination of parental rights and court hearings, the result is a permanent, secure parent-child relationship.
Ready to Adopt Your Stepchild in Texas?
Contact The Law Office of Bryan Fagan, PLLC today. Our family law attorneys can guide you through each step of the stepparent adoption process, from filing the petition to finalizing the adoption in court.
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.