Adopting your stepchild is one of the most meaningful legal steps a blended family can take. This process creates permanent legal bonds that match the emotional connection you’ve already established with your stepchild. At the Law Office of Bryan Fagan, we’ve guided countless Texas families through this rewarding journey.
This guide explains everything you need to know about stepparent adoption in Texas, from eligibility requirements to the court process and associated costs.
Eligibility Requirements for Stepparent Adoption
Before beginning the adoption process, ensure you meet these basic requirements:
- You must be legally married to the child’s biological parent
- You must be at least 18 years old
- You must be a Texas resident
- You must be able to pass background checks
- You must provide a safe, stable home environment
If you’re unsure about meeting these requirements, our Houston family law attorneys can help determine your eligibility and address any potential issues.
The Step-by-Step Process to Adopt Your Stepchild
Step 1: Address the Other Biological Parent’s Rights
Before you can adopt your stepchild, the parental rights of the non-custodial biological parent must be terminated. This can happen in three ways:
Voluntary Termination: The ideal scenario is when the biological parent willingly signs an affidavit relinquishing their parental rights. They might do this recognizing that the adoption is in the child’s best interest, especially when they’ve had limited involvement in the child’s life.
Involuntary Termination: If the biological parent doesn’t consent, you’ll need to petition the court for involuntary termination of parental rights. Texas courts grant this only in specific circumstances such as:
- Abandonment (no contact or support for at least six months)
- Failure to pay child support for 12 months or more when able to do so
- Endangerment of the child
- Conviction of certain crimes
- Substance abuse issues that affect parenting ability
Deceased Parent: If the biological parent is deceased, you’ll need to provide their death certificate as part of your adoption petition.
The termination process is often the most challenging aspect of stepparent adoption. Working with an experienced family law attorney is essential, especially in contested cases.
Step 2: Complete Required Background Checks
All prospective adoptive parents in Texas must complete:
- Criminal history background check
- Child abuse registry check
These checks help the court ensure the adoption is in the child’s best interest.
Step 3: File the Adoption Petition
With your attorney’s help, you’ll file an Original Petition for Adoption in your county court. This petition includes:
- Information about you, your spouse, and the child
- Details about the termination of the other biological parent’s rights
- Request for name change (if desired)
You’ll also need to submit supporting documents such as:
- Your marriage certificate
- The child’s birth certificate
- Background check results
- Consent forms or evidence supporting termination (if applicable)
Our family law attorneys ensure all paperwork is properly completed and filed, helping avoid delays in the adoption process.
Step 4: The Home Study (Often Waived)
While most adoptions require a home study evaluation, Texas courts frequently waive this requirement for stepparent adoptions, especially when:
- The child already lives with you
- You’ve been married to the biological parent for a significant period
- You’ve been involved in the child’s life for some time
If required, the home study involves a social worker visiting your home, interviewing family members, and assessing your living environment.
Step 5: Attend the Adoption Hearing
Once all paperwork is filed and requirements completed, the court schedules an adoption hearing. Both you and your spouse should attend, and depending on the child’s age, they may need to be present as well.
During this hearing:
- The judge reviews all documentation
- You may be asked about your relationship with the child and your desire to adopt
- If the child is 12 or older, they will be asked to consent to the adoption
- The judge determines if the adoption serves the child’s best interests
Our attorneys thoroughly prepare you for this hearing, ensuring you know what to expect.
Step 6: Finalization and New Birth Certificate
If the judge approves the adoption, they will sign the Adoption Order, legally establishing you as the child’s parent with all associated rights and responsibilities. This order also authorizes:
- Any requested name change for the child
- Issuance of a new birth certificate listing you as the child’s parent
Many families celebrate this milestone with a special family gathering or ceremony.
How Much Does Stepparent Adoption Cost in Texas?
Stepparent adoption is generally the most affordable type of adoption in Texas, with total costs typically ranging from $1,500-$5,000. These costs include:
- Legal fees: $1,500-$4,000
- Court filing fees: $300-$500
- Background check fees: $50-$100
- Home study (if required): $500-$1,000
- New birth certificate: $25-$50
The exact cost depends on your specific situation, particularly whether the biological parent consents to the adoption. Contested cases involving involuntary termination tend to be more expensive.
At the Law Office of Bryan Fagan, we offer transparent fee structures and payment plans to make this important legal process more accessible.
Important Considerations for Stepparent Adoption
Child’s Consent
If your stepchild is 12 years or older, Texas law requires their consent to the adoption. The court will typically speak with the child privately to ensure they understand and agree to the process.
Effect on Child Support
After adoption, any existing child support obligations of the biological parent are terminated. As the adoptive parent, you assume full financial responsibility for the child alongside your spouse.
If there are outstanding child support arrears, these may still need to be paid despite the termination of rights. Our child support attorneys can provide guidance on how adoption affects existing support orders.
Inheritance Rights
Adoption creates full legal parent-child relationships, including inheritance rights. Your stepchild will have the same rights to inherit from you as a biological child would.
Effect on Biological Parent’s Extended Family
While adoption terminates the legal relationship with the biological parent, it doesn’t necessarily end relationships with that parent’s extended family. Many families maintain meaningful connections with grandparents and other relatives even after adoption.
Benefits of Stepparent Adoption
Formalizing your relationship through adoption offers numerous benefits:
Legal Security: Adoption gives you legal authority to make decisions regarding healthcare, education, and other important aspects of your child’s life.
Permanence: Unlike guardianship or other temporary arrangements, adoption is permanent and survives events like divorce or the death of the biological parent.
Family Unity: Adoption legally recognizes the family unit you’ve already created emotionally, eliminating the “step” distinction.
Emotional Benefits: For many children, adoption provides a sense of security and belonging, confirming they are a permanent member of your family.
Common Challenges and How to Address Them
Locating an Absent Parent
If you don’t know the whereabouts of the biological parent, Texas law requires “diligent efforts” to locate them before proceeding with termination. These efforts might include:
- Searching public records
- Hiring a private investigator
- Publishing notices in appropriate newspapers
- Checking with the Texas Vital Statistics Unit
Our attorneys can help you fulfill these requirements and advise on how to proceed if the parent cannot be located.
Managing a Contested Adoption
When a biological parent actively opposes the adoption, the process becomes more challenging. You’ll need strong evidence to support involuntary termination of their rights.
Our experienced Texas adoption attorneys can help you build a compelling case focused on the child’s best interests.
Navigating Complex Family Dynamics
Adoption can sometimes stir complex emotions among family members. Open communication and possibly family counseling can help manage these dynamics.
Why Choose the Law Office of Bryan Fagan
Our firm specializes in family law matters including stepparent adoptions. We offer:
- Personalized guidance tailored to your family’s unique situation
- Clear communication throughout the legal process
- Efficient preparation of all required documentation
- Experienced representation in court proceedings
- Flexible payment options to make adoption accessible
Our attorneys understand the emotional significance of adoption and approach each case with sensitivity and dedication.
Begin Your Stepparent Adoption Journey
If you’re ready to take the legal steps to adopt your stepchild, we invite you to contact our office for an initial consultation. During this meeting, we’ll discuss your specific situation, answer your questions, and outline a plan for moving forward.
For more information about adoption and other family law matters, explore our educational resources or our family law blog.
Stepparent adoption is a profound expression of love and commitment to your family. With the right legal guidance, it can be a smooth, positive experience that legally confirms the parent-child relationship you’ve already built.
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.