How Can I Adopt My Stepchild in Texas?

 Posted on February 26, 2025 in Adoption

Becoming a legal parent to your stepchild can be an extremely rewarding experience. It not only strengthens your bond, but also grants you full parental rights and responsibilities. However, stepchild adoption in Texas is not always simple. Understanding the legal steps of adopting your stepchild can help you confidently navigate this journey. A Texas family law attorney can provide the guidance you need to ensure that the adoption process goes smoothly and complies with state laws.

Who Can Adopt a Stepchild in Texas and What Laws Apply?

In Texas, a stepparent may adopt their spouse’s child if he or she is legally married to the child’s parent and the adoption is in the child’s best interests. The stepparent must also be at least 21 years old and financially and emotionally capable of providing for the child.

In stepparent adoptions, the noncustodial parent's rights must be terminated. The adoption cannot move forward unless the other biological parent voluntarily relinquishes their rights or the court decides that their rights need to be terminated.

Do I Need the Other Parent’s Consent?

In most cases, the other biological parent must consent to the adoption. If he or she refuses, the court must determine whether his or her parental rights should be terminated. Texas courts may terminate parental rights if the parent has abandoned the child, failed to provide support, or has a history of violence, neglect, or substance abuse. If the parent voluntarily agrees to terminate their rights, they must sign an affidavit of relinquishment.

What Are the Legal Steps to Adopt a Stepchild?

As a general overview, the stepchild adoption process in Texas involves several steps. It typically includes:

• Filing a Petition: The stepparent must file a petition for adoption with the family court in the county where he or she lives.

• Termination of Parental Rights: If the other parent does not consent, the court will need to decide whether to terminate his or her parental rights.

• Home Study (If Required): Some courts may require a home study, which involves home visits, interviews, background checks, and a review of financial and medical records to make sure the stepparent can provide a safe and stable environment for the child.

• Final Adoption Hearing: If all legal requirements are met, a judge will review the case and finalize the adoption.

How Long Does the Stepchild Adoption Process Take?

The timeline for stepchild adoption varies depending on whether the other biological parent consents. The process may take just a few months if he or she voluntarily relinquishes his or her rights. However, if the termination is contested, the adoption may take longer, especially if it requires court hearings and additional legal steps.

What Rights Does a Stepparent Gain After Adoption?

After the adoption is finalized, the stepparent gains full legal rights and responsibilities as the child’s parent. This includes decision-making power for the child’s medical care, education, and other essential matters. The child also gains inheritance rights from the stepparent and can be added to his or her health insurance.

Contact a Collin County, TX Adoption Lawyer

Adopting a stepchild is a significant legal step that can provide long-term stability for your family. If you are considering stepchild adoption, a knowledgeable Frisco, TX adoption attorney at The Law Office of Linda Risinger can guide you through the process. We will always work for the best results, while also keeping cost-effectiveness in mind. Contact us at 972-294-6533 to schedule a free consultation and learn more.