Adoption is one of the most meaningful ways to grow a family. In Texas, many families choose private adoption, also known as independent or domestic infant adoption, to welcome a child into their home. Unlike foster care adoption, private adoption is handled outside the state system and typically involves infants placed directly by birth parents.
If you’re considering this path, here’s a guide on how to do a private adoption in Texas and what to expect.
WHAT IS PRIVATE ADOPTION?
Private adoption occurs when adoptive parents work directly with:
- Biological parents through an attorney, or
- Licensed adoption agencies that facilitate the process.
Unlike foster care adoptions, private adoptions are self-funded, meaning the adoptive family covers the legal, medical, and placement-related expenses.
REQUIREMENTS TO DO A PRIVATE ADOPTION IN TEXAS
Adoptive parents must meet general state requirements:
- Be at least 21 years old
- Be financially stable
- Pass a criminal background check and child abuse registry check
- Provide references and proof of stable housing
- Complete a home study conducted by a licensed social worker
Both single adults and married couples are eligible to adopt. Same-sex married couples also have the same adoption rights under Texas law.
STEP-BY-STEP PROCESS FOR PRIVATE ADOPTION IN TEXAS
Step 1: Decide Between Agency or Independent Adoption
- Agency Adoption – A licensed adoption agency matches adoptive families with birth mothers, provides counseling, and manages paperwork.
- Independent Adoption – Adoptive parents work directly with the birth mother through an adoption attorney.
Step 2: Complete a Home Study
A home study is required by Texas law for all adoptions. It includes:
- Interviews with family members
- Criminal background and financial checks
- A safety inspection of the home
- Assessment of your readiness to adopt
Step 3: Match with a Birth Mother
If working with an agency, they will facilitate the match. In independent adoptions, attorneys and networking often play a role in connecting adoptive parents with expectant mothers.
Step 4: Legal Consent and Relinquishment
The biological mother must wait at least 48 hours after the child’s birth before signing the relinquishment papers. This ensures the decision is voluntary and legally valid.
Step 5: Temporary Placement and Supervision
The child is placed with the adoptive family under temporary custody. For approximately six months, a social worker will conduct post-placement visits to ensure the child’s well-being.
Step 6: Finalization in Court
The adoption is finalized through a court hearing. The judge reviews all documents and, if satisfied, issues a Final Order of Adoption, making the adoptive parents the child’s legal parents.
COST OF PRIVATE ADOPTION IN TEXAS
Private adoption is more expensive than foster care adoption. Typical costs range from $20,000 to $50,000, which may include:
- Agency or attorney fees
- Birth mother’s medical and living expenses
- Counseling services
- Court and filing fees
- Home study and post-placement costs
BENEFITS OF PRIVATE ADOPTION
- Greater chance of adopting a newborn or infant
- More involvement in the child’s life from birth
- Ability to choose between open, semi-open, or closed adoption
- Direct relationship with the birth mother in some cases
FREQUENTLY ASKED QUESTIONS
Can single parents do a private adoption in Texas?
Yes. Both single adults and married couples are eligible.
Can birth parents change their mind?
Yes, but only before relinquishment is signed. Once signed and approved by the court, the decision is final.
Is a home study always required?
Yes. Every private adoption in Texas requires a home study, even if you know the birth parents.
Key Takeaways for a Successful Private Adoption in Texas
Private adoption in Texas can be a beautiful way to grow your family, but it requires careful planning, financial preparation, and legal guidance. By working with an experienced attorney or adoption agency, you can navigate the process smoothly and provide a safe, loving home for your child.
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.