Adoption is a meaningful way to provide a child with a safe and permanent home, but it is also a detailed legal process. If you’re asking, “What is the adoption process in Texas?”, the answer depends on the type of adoption, but most follow a similar structure: meeting eligibility requirements, completing a home study, filing legal paperwork, and finalizing in court.
Here’s a step-by-step overview of how the adoption process works in Texas.
STEP 1: CHOOSE THE TYPE OF ADOPTION
Texas law recognizes several types of adoption:
- Foster Care Adoption – Adopting children from the Texas foster care system.
- Private Infant Adoption – Working with an agency or attorney to adopt a newborn directly from birth parents.
- Stepparent Adoption – A spouse adopts their partner’s biological child.
- Kinship Adoption – Relatives (grandparents, aunts, uncles, siblings) adopt family members.
- International Adoption – Adopting a child from another country under U.S. and foreign law.
- Adult Adoption – One adult adopts another for inheritance or family reasons.
STEP 2: MEET BASIC ELIGIBILITY REQUIREMENTS
To adopt in Texas, you must:
- Be at least 21 years old
- Pass criminal background and child abuse registry checks
- Demonstrate financial stability
- Complete a home study with a licensed social worker
- Provide personal references
- Complete training if adopting through foster care
Both single adults and married couples (including LGBTQ+ couples) may adopt in Texas.
STEP 3: COMPLETE TRAINING AND HOME STUDY
- Training: Foster and agency adoptions require courses such as trauma-informed care and Parenting for a Lifetime.
- Home Study: A social worker will evaluate your home, interview family members, and review finances to ensure the environment is safe and stable.
STEP 4: FILE AN ADOPTION PETITION
The legal process begins when you file an Original Petition for Adoption in the family court of the county where the child resides. If the biological parents’ rights are not yet terminated, you may also need to file a Petition to Terminate Parental Rights.
STEP 5: TERMINATION OF PARENTAL RIGHTS
A child cannot be adopted until both biological parents’ rights are terminated, either:
- Voluntarily – through a signed affidavit of relinquishment.
- Involuntarily – by court order due to abandonment, neglect, or abuse.
STEP 6: PLACEMENT AND SUPERVISION PERIOD
Before finalization, most children must live with the adoptive family for at least six months. Caseworkers may visit during this period to ensure the placement is working in the child’s best interest.
STEP 7: FINAL ADOPTION HEARING
Once all requirements are met, the court will hold a hearing. You, your spouse (if applicable), and the child will appear before a judge. If approved, the judge will issue a Final Order of Adoption, making you the child’s legal parent.
HOW LONG DOES THE ADOPTION PROCESS TAKE IN TEXAS?
- Stepparent or Kinship Adoption: 3–6 months
- Foster Care Adoption: 6–18 months
- Private Infant Adoption: 6–12 months
- International Adoption: 12–36 months
- Adult Adoption: 1–2 months
CHILD CONSENT REQUIREMENT
If the child is 12 years or older, Texas law requires their written or verbal consent to the adoption, unless waived by the court.
KEY TAKEAWAYS: TEXAS ADOPTION PROCESS OVERVIEW
So, what is the adoption process in Texas? It involves choosing the right adoption path, meeting eligibility requirements, completing a home study and training, filing a petition, terminating parental rights, and finalizing the adoption in court. While the process takes time, the reward is providing a child with a permanent, loving home.
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.