Adoption is a life-changing legal process that gives children permanent homes and provides families with new opportunities for growth. If you are considering adoption, you may be wondering: What are the adoption laws in Texas?
This guide explains who can adopt, the legal requirements, the types of adoption, and how the process works under Texas law.
WHO CAN ADOPT IN TEXAS?
Texas adoption laws allow a wide range of people to adopt, including:
- Single adults (men and women)
- Married couples, including same-sex spouses
- Relatives (grandparents, aunts, uncles, siblings) through kinship adoption
- Stepparents, through stepparent adoption
To adopt, you must:
- Be at least 21 years old
- Demonstrate financial stability
- Pass a criminal background check and child abuse registry check
- Complete a home study
- Provide references
- Complete training (if adopting through foster care/DFPS)
TYPES OF ADOPTION RECOGNIZED UNDER TEXAS LAW
- Foster Care Adoption – Adopting children from the Texas foster care system after parental rights are terminated.
- Private Infant Adoption – Working with a licensed agency or adoption attorney to adopt a newborn.
- Stepparent Adoption – A spouse legally adopts their partner’s child, after termination of the other biological parent’s rights.
- Kinship Adoption – Relatives adopting children already within the family.
- International Adoption – Families adopt a child from another country, following both U.S. and foreign adoption laws.
- Adult Adoption – One adult adopts another, often for inheritance or family recognition.
CONSENT REQUIREMENTS
Texas adoption law requires consent in certain situations:
- Child’s Consent: Any child 12 years or older must provide written or verbal consent to be adopted (unless waived by the court).
- Parental Consent: The biological parents must voluntarily relinquish their rights or have them terminated by court order before adoption can proceed.
TERMINATION OF PARENTAL RIGHTS
A child cannot be adopted until the biological parents’ rights are legally terminated. Termination can happen:
- Voluntarily – The parent signs an affidavit giving up their rights.
- Involuntarily – The court orders termination due to abandonment, neglect, abuse, failure to support, or other statutory grounds.
THE ADOPTION PROCESS IN TEXAS
- File an Original Petition for Adoption in the family court of the county where the child lives.
- Complete a Home Study (except in some uncontested kinship or adult adoptions).
- Placement Period – In most cases, the child must live with the adoptive family for six months before finalization.
- Court Hearing – The judge reviews the case, confirms requirements are met, and ensures the adoption is in the child’s best interest.
- Final Order of Adoption – Once signed, the adoptive parents gain full parental rights and responsibilities.
SEALED ADOPTION RECORDS
Under Texas law, adoption records are sealed once finalized. To access them later, adoptees or birth relatives must petition the court and show good cause, or use the Texas Central Adoption Registry.
FREQUENTLY ASKED QUESTIONS
Do I need to be married to adopt?
No. Single adults can adopt in Texas. Only joint adoptions require marriage.
Can same-sex couples adopt?
Yes. Since 2015, same-sex married couples have the same adoption rights as heterosexual couples.
Do I need an attorney?
While you can file adoption paperwork yourself, Texas adoption law is complex, especially when terminating parental rights. Most families choose to work with an attorney to ensure the process goes smoothly.
FINAL THOUGHTS
Texas adoption laws are designed to protect children and ensure they are placed in safe, permanent homes. Whether you’re adopting through foster care, privately, or as a stepparent, understanding the law is the first step to building your family.
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.