Stepparent adoption offers a meaningful way to formalize the parent-child relationship that already exists in your heart and daily life. When you marry someone who already has children, you often take on many parental responsibilities naturally. However, without legal adoption, you won’t have the rights and protections that come with being a child’s legal parent. While the process involves several steps and requirements, it can give you the security and legal recognition for the bonds you’ve already formed with your stepchildren—especially once you understand the stepparent adoption Texas requirements.
Who Is Eligible to File for Stepparent Adoption in Texas?
Not every stepparent can pursue adoption in Texas. You must meet the state’s eligibility criteria before beginning the legal process.
First, you must be married to one of the child’s legal parents. The Texas Family Code requires this marriage relationship as a foundation for stepparent adoption.
Your spouse—the child’s biological or legal parent—must join you as a co-petitioner in the adoption case. This requirement is in place to verify that both adults serving as the child’s legal parents will actively participate in and consent to the adoption process.
The most significant eligibility requirement involves the child’s other biological parent. Before you can adopt your stepchild, that parent’s legal rights must be terminated by one of the following means:
- Voluntary relinquishment: The biological parent agrees to give up their parental rights.
- Previous court order: A judge terminated their rights in an earlier legal proceeding.
- Death: The biological parent is deceased.
- Involuntary termination: The court removes their rights due to abandonment, endangerment, or severe circumstances.
Core Legal Requirements for Stepparent Adoption in Texas
Several specific legal requirements must be satisfied before a Texas court will approve your stepparent adoption petition.
Residency Requirements
You must live with your stepchild for at least six months before the court can grant the adoption. However, courts can waive this requirement if they determine that doing so serves the child’s best interests.
Child’s Consent
Children 12 years of age or older must consent to the adoption. They can give this consent in writing or verbally during the court hearing. If the adoption changes the child’s last name, children 10 years of age or older must consent to that name change in writing.
The court also retains the authority to waive these consent requirements if the judge believes the adoption serves the child’s best interests, even without the child’s agreement.
Background Checks and Evaluations
Texas courts require criminal history reports for all prospective adoptive parents to help ensure that you can provide a safe environment for the child.
Depending on your case, the court may also order an adoption evaluation. This process typically includes:
- An assessment of the living conditions and safety of your home
- Personal interviews with you, your spouse, and the children involved
- Relationship observations between you and your stepchild
- A background investigation of anyone living in the household
If your case is uncontested and you pass your criminal background check, the court may waive the adoption evaluation requirement.
The Legal Process of Stepparent Adoption in Texas
The stepparent adoption process begins when you file the appropriate petition with the family court in the county where you or the child lives. You have two options for filing.
If the child’s other biological parent still has active parental rights, you must file an “Original Petition to Terminate Parent-Child Relationship and for Stepparent Adoption.” This combined petition addresses the termination of the other parent’s rights and your adoption request in a single proceeding.
If the other parent’s rights have been terminated, the other parent is deceased, or cannot be located, you can file a simpler “Original Petition for Adoption.”
The court may appoint an attorney to represent the child’s interests during the legal process. This legal representative investigates whether the adoption serves the child’s best interests and reports their findings to the judge.
You and your spouse must attend the final adoption hearing, along with children 12 years or older. The judge will review all reports, evaluations, and testimony before deciding whether to grant the adoption.
Contact Adams Law Firm Today
Understanding these stepparent adoption Texas requirements can help you prepare for this essential legal journey. If you’re considering stepparent adoption in the Katy area, contact Adams Law Firm today. With 35 years of experience, we can provide the experienced guidance you need to move through this process successfully. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call us at (281) 391-9237 or contact us online to discuss your family’s situation with a Katy adoption lawyer.
