Adoption is one of the most rewarding ways to grow a family and provide a child with a safe, permanent home. But for many prospective parents, the first hurdle is figuring out where to begin. If you’re wondering, “How do I start the adoption process in Texas?”, this guide breaks down the initial steps, requirements, and important considerations.
STEP 1: DECIDE WHICH TYPE OF ADOPTION IS RIGHT FOR YOU
Texas offers several types of adoption, and the process will vary depending on which path you choose:
- Foster Care Adoption – Adopting a child from the Texas foster care system through the Department of Family and Protective Services (DFPS).
- Private Infant Adoption – Working with a licensed agency or attorney to adopt a newborn directly from birth parents.
- Stepparent Adoption – A spouse legally adopts their partner’s child.
- Kinship Adoption – Relatives (grandparents, aunts, uncles, siblings) adopt a family member.
- International Adoption – Adopting a child from another country, which requires compliance with U.S. and foreign adoption laws.
- Adult Adoption – One adult adopts another, usually for inheritance or family reasons.
STEP 2: MEET THE BASIC ELIGIBILITY REQUIREMENTS
To adopt in Texas, you must:
- Be at least 21 years old
- Be financially stable and provide proof of income
- Pass criminal background checks and child abuse registry checks
- Provide personal references
- Complete a home study conducted by a licensed social worker
- Complete adoption or foster care training (if adopting from DFPS)
Both single adults and married couples, including LGBTQ+ couples, are eligible to adopt in Texas.
STEP 3: ATTEND AN ORIENTATION OR INFORMATION SESSION
If adopting through foster care or an agency, you will begin with an orientation session. These meetings explain the process, eligibility, and what to expect during training and home studies.
STEP 4: COMPLETE TRAINING AND HOME STUDY
- Training – Foster-to-adopt and some private adoption paths require pre-adoption training, such as Parenting for a Lifetime.
- Home Study – A licensed social worker will visit your home, conduct interviews, review your finances, and ensure your environment is safe for a child.
This step is required in nearly every adoption type except some uncontested adult adoptions.
STEP 5: FILE AN ADOPTION PETITION WITH THE COURT
The adoption process becomes official when you file an Original Petition for Adoption in the family court of the county where the child lives. If parental rights are not already terminated, you may also need to file a Petition to Terminate Parental Rights.
STEP 6: PLACEMENT AND SUPERVISION PERIOD
For most child adoptions, the child must live with you for six months before finalization. During this time, caseworkers may visit your home to ensure the placement is successful.
STEP 7: FINALIZATION IN COURT
After the placement period, the court will schedule a hearing. If the judge finds adoption is in the child’s best interest and all requirements are satisfied, they will issue a Final Order of Adoption, making you the child’s legal parent.
HOW LONG DOES THE ADOPTION PROCESS TAKE?
- Stepparent/Kinship Adoptions: 3–6 months
- Foster Care Adoptions: 6–18 months
- Private Adoptions: 6–12 months
- International Adoptions: 12–36 months
- Adult Adoptions: 1–2 months
FREQUENTLY ASKED QUESTIONS
Do I need to be married to adopt in Texas?
No. Single adults may adopt. Only joint adoptions and stepparent adoptions require marriage.
Is adoption expensive?
It depends. Foster care adoptions are often free or low-cost. Private or international adoptions can cost between $20,000–$60,000.
Does the child’s consent matter?
Yes. Children age 12 or older must consent to their own adoption.
FINAL THOUGHTS
Starting the adoption process in Texas requires preparation, patience, and commitment. By choosing the right type of adoption, meeting eligibility requirements, completing your home study, and working with the court system, you can successfully provide a child with the permanent home they deserve.
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.