
Adoption is a powerful way to create or expand a family, but many Texans wonder if they can handle the process on their own. The answer is yes—you can file adoption papers yourself in Texas without an attorney. However, adoption law is complex, and even small mistakes in the paperwork can cause delays or problems.
If you are considering representing yourself, here’s a guide on how to file adoption papers in Texas and what you need to know.
WHO CAN FILE ADOPTION PAPERS IN TEXAS?
Under Texas law, the following people may file adoption papers:
- Single adults who meet the state’s eligibility requirements
- Married couples adopting jointly
- Stepparents adopting their spouse’s child
- Relatives (kinship adoption) such as grandparents, aunts, or uncles
- Adults adopting other adults
In all cases, the person adopting must be at least 21 years old, financially stable, and able to pass a criminal background check.
STEP-BY-STEP: FILING ADOPTION PAPERS YOURSELF
Step 1: Gather the Required Forms
You can usually obtain the forms from:
- The district clerk’s office in your county
- The Texas Judicial Branch website
- Local self-help legal centers
The specific forms depend on the type of adoption (stepparent, kinship, foster, or adult adoption).
Step 2: File the Petition for Adoption
The process begins when you file an Original Petition for Adoption with the family court in the county where the child (or adult adoptee) lives.
If parental rights are not already terminated, you may also need to file a Petition to Terminate Parental Rights.
Step 3: Pay the Filing Fees
Court filing fees typically range from $300 to $400. In some cases, you can request a fee waiver if you cannot afford the cost.
Step 4: Complete a Home Study (if required)
Most child adoptions require a home study conducted by a licensed social worker. This involves background checks, home visits, and interviews. In some stepparent or kinship adoptions, a judge may waive this step.
Step 5: Obtain Consent (If Applicable)
- If the child is 12 years or older, their consent is required.
- The spouse’s consent is required in a stepparent adoption.
- If the other biological parent still has rights, you will need either voluntary relinquishment or court-ordered termination.
Step 6: Attend the Court Hearing
After filing and completing the necessary requirements, the court will schedule a hearing. You will present your case to the judge, who will ensure adoption is in the child’s best interest.
Step 7: Final Order of Adoption
If approved, the judge will sign a Final Order of Adoption, legally establishing the parent-child relationship. You can then request a new birth certificate showing you as the child’s legal parent.
COMMON CHALLENGES WHEN FILING ON YOUR OWN
While it is possible to file adoption papers yourself, many families face challenges such as:
- Incorrect or incomplete paperwork
- Difficulty navigating termination of parental rights
- Meeting strict deadlines for filing
- Understanding when a home study is required
- Preparing for contested hearings
These issues can cause delays, additional costs, or even dismissal of the adoption petition.
WHEN TO CONSIDER HIRING AN ATTORNEY
You may want to seek legal help if:
- The other parent refuses to relinquish rights
- Your case involves contested custody
- You are adopting through foster care or an agency
- You want to avoid errors that could delay finalization
An attorney can guide you through the process, handle court filings, and represent you in hearings.
Final Tips for Filing Adoption Papers Yourself in Texas
So, can you file adoption papers yourself in Texas? Yes, you can—but the process is detailed, and even small mistakes can create problems. If your case is straightforward (such as an uncontested adult adoption), filing on your own may be manageable. But in more complex cases, professional legal guidance can save time, reduce stress, and ensure success.
Contact The Law Office of Bryan Fagan, PLLC today. Our adoption attorneys can review your case, help you file the correct paperwork, and guide you from petition to finalization.
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.