Stepparent adoption is one of the most meaningful steps a blended family can take. It not only provides legal security for your stepchild but also formalizes the parent-child bond you’ve already built. If you’re asking, “How do I legally adopt my stepchild in Texas?”, here’s a complete guide to understanding the requirements, process, and what to expect in court.
REQUIREMENTS TO ADOPT A STEPCHILD IN TEXAS
To legally adopt your stepchild in Texas, you must:
- Be legally married to the child’s biological or legal parent.
- Be at least 21 years old.
- Demonstrate financial and emotional stability.
- Pass a criminal background check.
Additionally, the child must reside in Texas, and the adoption must be in the child’s best interest.
TERMINATION OF PARENTAL RIGHTS
A child can only have two legal parents. Before adoption can proceed, the other biological parent’s rights must be terminated. This can happen in two ways:
- Voluntary Termination – The parent signs an affidavit relinquishing their parental rights.
- Involuntary Termination – The court terminates rights due to abandonment, neglect, abuse, failure to provide support, or other statutory grounds.
Without termination of parental rights, the adoption cannot move forward.
STEP-BY-STEP PROCESS TO ADOPT YOUR STEPCHILD
Step 1: File an Original Petition for Adoption
You or your attorney will file the Original Petition for Adoption of a Stepchild in the family court of the county where the child lives. If needed, a Petition to Terminate Parental Rights should be filed at the same time.
Step 2: Complete a Home Study (May Be Waived)
Texas courts typically require a home study by a licensed social worker. This includes background checks, interviews, and a home inspection. In some stepparent adoptions, judges may waive this requirement.
Step 3: Obtain the Child’s Consent (If Over 12)
If your stepchild is 12 years or older, Texas law requires their written or verbal consent to the adoption.
Step 4: Court Hearing
You, your spouse, and your stepchild will appear before a judge. The court will review the termination of parental rights, the home study (if required), and confirm that adoption is in the child’s best interest.
Step 5: Final Order of Adoption
If approved, the judge will sign the Final Order of Adoption, making you the child’s legal parent. You may then request a new birth certificate listing you as the parent.
COST OF STEPPARENT ADOPTION IN TEXAS
Stepparent adoption is typically less expensive than other types of adoption. Costs may include:
- Court filing fees: $300–$400
- Attorney fees: $1,000–$5,000 (depending on complexity)
- Home study (if required): $1,000–$2,500
BENEFITS OF STEPPARENT ADOPTION
- Legal authority to make medical, educational, and legal decisions.
- Inheritance rights for your stepchild.
- Permanent security of the parent-child relationship.
- Emotional stability for your family.
FREQUENTLY ASKED QUESTIONS
Do both biological parents have to agree?
No. If one parent refuses, you can pursue involuntary termination if legal grounds exist.
Can I adopt without a lawyer?
You may represent yourself, but stepparent adoption involves complex paperwork and termination issues. An attorney can help avoid mistakes and delays.
How long does the process take?
Most stepparent adoptions take 3 to 6 months if uncontested, but contested cases may take longer.
Final Considerations for Adopting a Stepchild in Texas
Legally adopting your stepchild in Texas requires meeting eligibility requirements, terminating the other parent’s rights, and completing the court process. While the steps can be complex, the outcome—a secure, permanent family bond—is worth the effort.
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.