What Are the Requirements for Adoption in Texas?

Adoption in Texas is a rewarding process that provides children with safe, permanent homes. But before you begin, it’s important to understand the legal requirements for adoption in Texas. Meeting these qualifications ensures that the court sees you as a suitable adoptive parent and that the child’s best interests are protected.

BASIC REQUIREMENTS TO ADOPT IN TEXAS

According to Texas law and the Department of Family and Protective Services (DFPS), prospective adoptive parents must meet the following requirements:

• Age Requirement: Be at least 21 years old.
• Financial Stability: Show proof of steady income and financial ability to support a child.
• Background Checks: Pass criminal background checks and child abuse/neglect registry checks for all adults in the household.
• References: Provide personal and character references.
• Health and Stability: Demonstrate physical, emotional, and mental health stability.
• Home Study: Complete a home study by a licensed social worker to assess your living environment and readiness to parent.
• Training: Complete adoption or foster care training if adopting through DFPS.

ADDITIONAL REQUIREMENTS DEPENDING ON THE TYPE OF ADOPTION

1. Foster Care Adoption

• Attend DFPS orientations and pre-service training.
• Meet state licensing requirements for foster-to-adopt parents.

2. Private Infant Adoption

• Complete a home study and background checks.
• Work with a licensed child-placing agency or adoption attorney.

3. Stepparent Adoption

• Be legally married to the child’s biological or legal parent.
• Termination of the other parent’s rights is required.
• Child consent is necessary if the child is 12 years or older.

4. Kinship Adoption

• Relatives such as grandparents, aunts, or uncles must meet the same basic requirements, but judges may waive certain steps like extensive training.

5. Adult Adoption

• Consent of the adult being adopted is required.
• No home study or termination of parental rights is necessary.

CHILD CONSENT REQUIREMENT

Under Texas law, any child 12 years or older must provide written or verbal consent to the adoption unless the court waives this requirement for good cause.

TERMINATION OF PARENTAL RIGHTS

Before adoption can be finalized, the biological parents’ rights must be terminated. This can be done:

• Voluntarily – through an affidavit of relinquishment.
• Involuntarily – by court order due to abandonment, neglect, abuse, or other statutory grounds.

FREQUENTLY ASKED QUESTIONS

Do I need to be married to adopt in Texas?
No. Single adults can adopt. Only joint adoptions and stepparent adoptions require marriage.

Can LGBTQ+ individuals or couples adopt?
Yes. Texas law allows single LGBTQ+ adults and married same-sex couples to adopt.

Do I need a lawyer to adopt?
While you can file paperwork yourself, adoption law in Texas is complex, especially when termination of parental rights is involved. Most families benefit from having an attorney.

How long does the process take?
Timelines vary by adoption type—3–6 months for stepparent or kinship adoptions, 6–18 months for foster care, and up to 12+ months for private or international adoptions.

FINAL THOUGHTS

So, what are the requirements for adoption in Texas? You must be at least 21, financially stable, pass background checks, complete a home study, and—in many cases—complete training. The specific requirements depend on the type of adoption you pursue, but the goal is always the same: ensuring a safe and supportive home for the child.