Adoption laws have evolved significantly in recent decades, and one of the most common questions prospective parents ask is: “Is gay adoption legal in Texas?”
The short answer is yes—gay adoption is legal in Texas. Same-sex couples and LGBTQ+ individuals can adopt children, though there are some important details to understand about the process.
GAY ADOPTION IN TEXAS: WHAT THE LAW SAYS
Texas adoption law does not prohibit LGBTQ+ individuals or couples from adopting. Since the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, same-sex marriage is recognized nationwide, and married same-sex couples in Texas have the same legal rights to adopt as heterosexual married couples.
This means that in Texas:
- Single LGBTQ+ adults may adopt.
- Married same-sex couples may adopt jointly.
- Stepparent adoptions are available to same-sex spouses.
TYPES OF ADOPTION AVAILABLE TO GAY COUPLES IN TEXAS
- Joint Adoption
Married same-sex couples can adopt together, establishing equal parental rights for both spouses. - Stepparent Adoption
If one spouse is the biological parent, the other may adopt the child through a stepparent adoption, creating full legal parental rights. - Foster Care Adoption
Same-sex couples can foster and adopt through the Texas Department of Family and Protective Services (DFPS). - Private or Agency Adoption
Couples may adopt newborns or children through private agencies or attorneys, though some agencies (particularly faith-based ones) may decline to work with LGBTQ+ couples.
CHALLENGES SAME-SEX COUPLES MAY FACE
While gay adoption is legal in Texas, same-sex couples may encounter:
- Agency Restrictions – Some faith-based agencies claim religious exemptions and may decline LGBTQ+ applicants.
- Second-Parent Adoption Needs – In cases involving assisted reproduction, the non-biological parent may need to complete a legal adoption to secure parental rights.
- Custody and Inheritance Issues – Without proper legal adoption, non-biological parents could face challenges in asserting custody or inheritance rights.
BENEFITS OF ADOPTION FOR SAME-SEX COUPLES
- Both parents receive equal legal rights and responsibilities.
- Children gain inheritance rights from both parents.
- Ensures legal security in custody, medical, and educational decisions.
- Provides the child with stability and recognition under Texas law.
FREQUENTLY ASKED QUESTIONS
Do same-sex couples have to be married to adopt in Texas?
Yes, for joint adoption. Unmarried couples cannot adopt together—only one partner can adopt unless they marry.
Can single LGBTQ+ people adopt in Texas?
Yes. Texas law allows single adults, regardless of sexual orientation, to adopt.
Can gay couples adopt from foster care?
Yes. Texas does not restrict LGBTQ+ individuals or couples from adopting through DFPS.
Key Takeaways on Gay Adoption Rights in Texas
So, is gay adoption legal in Texas? Absolutely. Same-sex couples and LGBTQ+ individuals have the right to adopt children, whether through foster care, private adoption, or stepparent adoption. While some barriers remain due to agency practices, the law provides equal adoption rights for gay parents across Texas.
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.