Adoption is a meaningful way to build or expand your family, but like any legal process, it requires filing the correct paperwork with the court. One of the first questions many families ask is: “How do I get adoption papers in Texas?”
The answer depends on the type of adoption you’re pursuing, but in every case, Texas law requires you to file specific forms—often called adoption papers—with the family court in the county where the child lives.
WHERE TO GET ADOPTION PAPERS
Adoption forms in Texas are available from several sources:
- County District Clerk’s Office
- Visit the family court clerk in the county where you plan to file the adoption.
- Clerks may provide standard forms like the Original Petition for Adoption.
- Texas Judicial Branch Website
- The Texas courts maintain online forms for certain family law cases.
- Not all adoption forms are available online, and some must be customized for your case.
- Adoption Agency or DFPS
- If you’re adopting through the Texas Department of Family and Protective Services (DFPS) or a licensed child-placing agency, they will provide the required paperwork.
- Private Attorney
- An adoption lawyer can draft and file all required documents for your specific circumstances, reducing the risk of mistakes.
TYPES OF ADOPTION PAPERS YOU MAY NEED
While exact forms vary depending on the adoption, common documents include:
- Original Petition for Adoption – Begins the adoption case.
- Petition to Terminate Parental Rights – Required if the biological parent still has legal rights.
- Affidavit of Voluntary Relinquishment of Parental Rights – If a parent consents to termination.
- Home Study Report – Conducted by a licensed social worker.
- Consent of the Child – Required if the child is age 12 or older.
- Final Order of Adoption – Signed by the judge to finalize the adoption.
STEP-BY-STEP: GETTING AND FILING ADOPTION PAPERS IN TEXAS
Step 1: Determine the Type of Adoption
Stepparent, kinship, private, foster care, or adult adoption will dictate which forms are needed.
Step 2: Obtain the Forms
Check with your county clerk, DFPS, or an adoption attorney for the correct forms.
Step 3: Complete and File the Petition
File the Original Petition for Adoption (and any termination paperwork, if required) with the district clerk’s office in your county.
Step 4: Pay Filing Fees
Expect to pay between $300–$400 in court filing fees. You may apply for a waiver if you cannot afford the cost.
Step 5: Submit Supporting Documents
Attach the home study, background checks, and any consents required by law.
Step 6: Attend the Court Hearing
After review, the judge will hold a hearing. If the adoption is in the child’s best interest, the court will sign the Final Order of Adoption
Common Challenges in Obtaining Texas Adoption Papers
- Filing the wrong forms for your type of adoption
- Mistakes in parental termination paperwork
- Missing deadlines or incomplete documentation
- Difficulty obtaining consents from biological parents
Because adoption law is complex, many families rely on attorneys to prepare and file their adoption papers correctly.
FREQUENTLY ASKED QUESTIONS
Can I download adoption papers online?
Some forms are available online, but many adoptions require case-specific documents drafted by an attorney.
Can I file adoption papers myself?
Yes, but mistakes can delay or jeopardize your adoption. Legal help is strongly recommended.
Do I need adoption papers for adult adoptions?
Yes. You still must file a petition and attend a hearing, even for adult adoptions.
FINAL THOUGHTS
So, how do you get adoption papers in Texas? You can obtain them from your county clerk, the Texas judicial system, DFPS, or through an attorney. While it is possible to file adoption papers yourself, adoption law can be complex, and professional guidance helps ensure the process goes smoothly.
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.