Adoption is a life-changing journey for both the child and the parent.
If you’re wondering how adoption works in Texas, this guide breaks it down into simple, clear steps—so you know exactly what to expect.
Whether you’re single, married, stepparent, or fostering a child, Texas offers several adoption paths, each with its own process and requirements.
TYPES OF ADOPTION IN TEXAS
Before starting the process, it’s important to understand the different types of adoption in Texas:
1. Private Adoption
Adopting an infant or child directly from a birth parent, often through a private agency or attorney.
2. Stepparent Adoption
A person adopts their spouse’s child and becomes the legal parent.
3. Foster Care Adoption
Adopting a child from the Texas foster care system after parental rights have been terminated.
4. Relative or Kinship Adoption
When a family member adopts a child in their extended family.
5. Adult Adoption
An adult adopts another adult (common in inheritance and long-term care situations).
WHO CAN ADOPT IN TEXAS?
You do not have to be married to adopt in Texas.
You must be:
- At least 21 years old
- Financially stable
- Of good moral character
- Able to pass a criminal background check
- Able to complete a home study
Texas allows single adults, married couples, and same-sex couples to adopt.
STEP-BY-STEP: HOW ADOPTION WORKS IN TEXAS
Step 1: Choose the Type of Adoption
Decide which path fits your family: private, foster, stepparent, or kinship adoption.
Step 2: Complete a Home Study
Every adoption in Texas requires a home study, even for stepparent or kinship adoptions (unless waived).
This includes:
- Background checks
- Home visits
- Interviews
- Financial review
The goal is to ensure you can provide a safe, stable environment.
Step 3: File an Adoption Petition
You’ll file a Petition for Adoption with the district court in the county where the child lives.
If applicable, you must also file a Petition to Terminate Parental Rights for the biological parent.
Step 4: Complete Required Waiting Periods
Texas requires a 6-month waiting period before finalizing the adoption.
This is sometimes shortened in stepparent or kinship adoptions.
Step 5: Attend the Adoption Hearing
At the final hearing, a judge reviews your case and confirms:
- Termination of the biological parent’s rights
- Completion of the home study
- The child’s best interest is being met
Once approved, you receive a Final Order of Adoption.
Step 6: Update Legal Documents
After the court grants the adoption:
- Submit a VS-165 form to update the child’s birth certificate.
- Update Social Security, health insurance, and school records.
WHAT ABOUT THE COST?
Adoption costs vary in Texas:
| Type of Adoption | Estimated Cost |
|---|---|
| Private Adoption | $15,000–$50,000 |
| Foster Care Adoption | Low to no cost (state-funded) |
| Stepparent Adoption | $500–$5,000 (depending on attorney and court fees) |
| Kinship Adoption | $1,000–$3,000 |
Some families may qualify for adoption assistance, especially through foster care programs.
FREQUENTLY ASKED QUESTIONS
Do you need a lawyer to adopt in Texas?
Not always. You can represent yourself, especially in stepparent or kinship adoptions—but legal help is highly recommended.
How long does the adoption process take in Texas?
Anywhere from 3 to 12 months, depending on the type of adoption and whether termination is contested.
Can same-sex couples adopt in Texas?
Yes. Texas law allows same-sex married couples and single LGBTQ+ adults to adopt.
FINAL THOUGHTS
Now that you know how adoption works in Texas, you can begin your journey with confidence.
Whether you’re growing your family through foster care, private adoption, or by adopting your stepchild, understanding the process can help you avoid delays and legal issues.
Ready to take the next step?
Reach out to an experienced Texas adoption attorney for personalized guidance.
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.