Adoption is a life-changing decision that allows families to grow and provides children with safe, permanent homes. But many people feel overwhelmed at the beginning and ask: “How do I start the adoption process in Texas?”
Here’s a clear step-by-step guide to help you understand the requirements, options, and first actions you need to take.
STEP 1: CHOOSE THE TYPE OF ADOPTION
The first step is deciding which path to adoption is right for your family:
- Foster Care Adoption – Adopting a child from the Texas foster care system.
- Private Infant Adoption – Working with a licensed agency or attorney to adopt a newborn.
- Stepparent Adoption – When a spouse adopts their partner’s biological child.
- Kinship Adoption – Relatives (grandparents, aunts, uncles, siblings) adopt a family member.
- International Adoption – Adopting a child from another country, following U.S. and foreign laws.
- Adult Adoption – One adult adopts another, usually for inheritance or family reasons.
STEP 2: MEET ELIGIBILITY REQUIREMENTS
To adopt in Texas, you must:
- Be at least 21 years old
- Demonstrate financial stability
- Pass criminal background and child abuse registry checks
- Provide personal references
- Complete a home study by a licensed social worker
- Finish required training if adopting through foster care
Both single adults and married couples, including LGBTQ+ couples, are eligible.
STEP 3: ATTEND ORIENTATION OR INFORMATIONAL MEETINGS
If you are adopting through foster care or an agency, your journey begins with an orientation session. These meetings explain the process, expectations, and requirements in detail.
STEP 4: COMPLETE TRAINING AND HOME STUDY
- Training – Foster care and agency adoptions require parenting courses, such as trauma-informed care programs.
- Home Study – A social worker will evaluate your home, interview family members, review finances, and confirm your readiness to adopt.
STEP 5: FILE AN ADOPTION PETITION
Adoption becomes official when you file an Original Petition for Adoption in the family court of the county where the child resides. If necessary, you may also file a Petition to Terminate Parental Rights for the biological parent(s).
STEP 6: PLACEMENT PERIOD
Before finalization, most children must live with the adoptive family for at least six months. Caseworkers may conduct visits during this time to ensure stability and the child’s best interests.
STEP 7: FINALIZE IN COURT
After the placement period, the court schedules a hearing. If the judge finds that all requirements are met, they will sign a Final Order of Adoption, making you the child’s legal parent.
HOW LONG DOES THE PROCESS TAKE?
- 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
FREQUENTLY ASKED QUESTIONS
Do I need to be married?
No. Single adults can adopt in Texas. Only joint adoptions or stepparent adoptions require marriage.
Is adoption expensive?
It depends. Foster care adoptions are usually free or low-cost. Private and international adoptions may cost $20,000–$60,000.
Does the child need to consent?
Yes. Children age 12 or older must consent to their own adoption.
FINAL THOUGHTS
Starting the adoption process in Texas requires preparation, patience, and the right legal guidance. By choosing the adoption path that fits your family, meeting eligibility requirements, completing training and a home study, and filing your petition, you can move forward toward building a permanent family bond.
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.