Blending a family is one of the most rewarding things you can do, and for many stepparents, adoption is the next natural step. You have been there for school pickups, bedtime stories, and everything in between. You want to make it official. Adopting your stepchild in Texas formalizes your relationship, gives you legal rights as a parent, and provides your child with the security of knowing you are their parent in every sense of the word. But the process involves legal requirements, paperwork, and sometimes difficult conversations with biological parents. At McCarty Larson, PLLC, we have helped families throughout Ellis County, Johnson County, Tarrant County, and Dallas County navigate stepparent adoptions and build the families they deserve.
When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
The Short Answer
Yes, you can adopt your stepchild in Texas. Stepparent adoption is one of the most common types of adoption in the state. The process requires the consent of both biological parents or, if consent is not given, the termination of the non-consenting parent’s rights by the court. You must be married to your stepchild’s biological parent, meet basic eligibility requirements, and complete the legal adoption process through the courts. The process typically takes three to six months and costs between $1,500 and $5,000 depending on whether the adoption is contested.
Why Adopt Your Stepchild?
Many stepparents wonder if adoption is necessary when they are already raising the child as their own. While you can certainly continue as you are, legal adoption provides important benefits that informal arrangements cannot.
Legal parental rights. Without adoption, you have no legal authority to make decisions for your stepchild. If your spouse is unavailable or incapacitated, you cannot authorize medical treatment, enroll the child in school, or make other important decisions. Adoption gives you full parental rights.
Inheritance rights. In Texas, stepchildren do not automatically inherit from stepparents unless specifically named in a will. Adoption creates an automatic legal inheritance right, protecting your child if something happens to you.
Security for the child. Children benefit from the stability and permanence that adoption provides. Knowing that their stepparent is legally their parent can give a child a stronger sense of belonging and security.
Protection if the marriage ends. If you divorce your spouse, you would have no legal rights to your stepchild without adoption. You could be cut off from a child you have raised for years. Adoption ensures that your parental relationship continues regardless of what happens to the marriage.
Simplified legal matters. Everything from health insurance to school enrollment to travel becomes easier when you are the child’s legal parent. You will not need to explain your relationship or provide extra documentation.
Requirements for Stepparent Adoption in Texas
Texas law sets certain requirements that must be met before you can adopt your stepchild.
You must be married to the child’s biological parent. Stepparent adoption is only available to people who are legally married to one of the child’s biological parents. If you are in a long-term relationship but not married, you would need to pursue a different type of adoption.
You must be at least 21 years old. Texas requires adoptive parents to be adults, and most courts expect stepparent adopters to be at least 21.
You must be a resident of Texas. You do not need to have lived in Texas for a specific period, but you must be a current resident.
The child must live with you. The child you are adopting must reside in your home.
The other biological parent must consent or have their rights terminated. This is often the most significant hurdle in stepparent adoptions. If the other biological parent is alive and has parental rights, those rights must be addressed before the adoption can proceed.
The Consent Requirement
One of the most important aspects of stepparent adoption is obtaining consent from the biological parent who is not your spouse. This is typically the child’s other biological mother or father.
Voluntary consent. The ideal scenario is when the other biological parent voluntarily agrees to the adoption. They sign a legal document called an affidavit of voluntary relinquishment, giving up their parental rights. Once this document is signed and filed with the court, their rights are terminated and the adoption can proceed.
Some biological parents are willing to consent because they have not been involved in the child’s life, they recognize that the stepparent has been acting as the child’s parent, they want to relieve themselves of child support obligations, or they believe the adoption is in the child’s best interest.
Involuntary termination. If the other biological parent refuses to consent, you may still be able to proceed with the adoption, but it becomes more complicated. The court can involuntarily terminate parental rights under certain circumstances, including abandonment (the parent has not maintained contact or provided support for at least six months), failure to support the child, endangerment of the child’s physical or emotional wellbeing, conviction of certain crimes, or the parent’s rights to another child have been terminated.
Involuntary termination requires a separate court proceeding where you must prove that one of the statutory grounds for termination exists and that termination is in the child’s best interest. This process takes longer and requires more evidence than a consent-based adoption.
Unknown or absent parent. If the other biological parent’s location is unknown, you must make diligent efforts to find them. This typically includes searching public records, contacting known relatives, and publishing notice in a newspaper. If the parent cannot be found after these efforts, the court may allow the adoption to proceed.
The Stepparent Adoption Process in Texas
The legal process for stepparent adoption involves several steps.
Step 1: Consult With an Attorney
Before beginning the process, meet with a family law attorney who handles adoptions. They can evaluate your specific situation, advise you on whether consent is likely or whether termination may be necessary, and guide you through the paperwork.
Step 2: Obtain Consent or Pursue Termination
If the other biological parent is willing to consent, your attorney will prepare the affidavit of voluntary relinquishment for them to sign. This document must be signed in front of two witnesses and a notary. It cannot be signed until the child is at least 48 hours old, though this is rarely an issue in stepparent adoptions.
If consent is not forthcoming, your attorney will file a petition to terminate parental rights and help you gather evidence to support the termination.
Step 3: File the Adoption Petition
Once consent is obtained or termination is granted, you file an original petition for adoption with the district court in your county. The petition includes information about you, your spouse, the child, and the circumstances of the adoption.
Step 4: Criminal Background Check
Texas law requires a criminal background check for all adoptive parents. You will be fingerprinted and your history will be searched through state and federal databases. Certain criminal convictions can disqualify you from adopting or require additional scrutiny.
Step 5: Home Study (Usually Waived)
In most stepparent adoptions, the court waives the home study requirement that applies to other types of adoption. Because you are already living with the child and are married to their biological parent, the court typically does not require a social worker to evaluate your home. However, in some cases, particularly contested adoptions, the court may order a home study.
Step 6: Attend the Adoption Hearing
After a waiting period (typically at least 30 days after the petition is filed), you will attend a final adoption hearing. This is usually a brief, positive court appearance. The judge will ask you questions about your desire to adopt, confirm that all requirements have been met, and issue the final adoption decree.
Your stepchild may attend the hearing, and many families make it a celebration. Some judges allow photographs in the courtroom.
Step 7: Obtain a New Birth Certificate
After the adoption is finalized, you can request a new birth certificate for your child that lists you as a parent. The Texas Vital Statistics Unit will issue the new certificate, replacing the original.
How Long Does Stepparent Adoption Take?
The timeline for stepparent adoption in Texas varies depending on the circumstances.
Uncontested adoption with consent. If the other biological parent signs consent and there are no complications, the process typically takes three to six months from start to finish.
Contested adoption requiring termination. If you must pursue involuntary termination of the other parent’s rights, the process can take six months to over a year. Termination cases may involve hearings, evidence gathering, and potentially a trial.
Factors that can delay the process. Delays can occur if the other biological parent cannot be located, if there are disputes over whether termination grounds exist, if criminal background check results are delayed, or if court scheduling is backed up.
How Much Does Stepparent Adoption Cost?
Stepparent adoption is generally less expensive than other types of adoption because it does not involve adoption agencies, lengthy home studies, or matching processes.
Attorney fees. Legal fees for an uncontested stepparent adoption typically range from $1,500 to $3,500. Contested adoptions requiring termination proceedings can cost $3,500 to $5,000 or more, depending on the complexity.
Court filing fees. Filing fees vary by county but typically range from $250 to $350.
Background check fees. The fingerprinting and background check process costs approximately $40 to $50.
Birth certificate fees. Requesting a new birth certificate costs approximately $25 to $50.
Total cost. For a straightforward, uncontested stepparent adoption, expect to pay $2,000 to $4,000 total. Contested adoptions can cost $5,000 or more.
What Happens to Child Support After Adoption?
If the biological parent whose rights are being terminated has been paying child support, that obligation ends upon adoption. Once you adopt the child, you become legally responsible for their financial support, and the other biological parent has no further obligation.
This is one reason some biological parents are willing to consent to adoption. They may be relieved to end their child support obligation, particularly if they have not had a relationship with the child.
However, any unpaid child support that accrued before the adoption is finalized is still owed. Adoption does not erase past-due support.
Can the Child’s Name Be Changed?
Yes. As part of the adoption process, you can request that the child’s name be changed. Many families choose to change the child’s last name to match the adoptive family’s surname. You can also change the child’s first or middle name if desired, though this is less common.
The name change is included in the adoption petition and becomes official when the adoption decree is signed.
Does the Child Have a Say in the Adoption?
In Texas, if the child is 12 years old or older, they must consent to the adoption in writing. The child signs a consent form indicating that they agree to be adopted.
For children under 12, consent is not required, but courts do consider the child’s wishes and feelings when appropriate. If a younger child has strong opinions about the adoption, this may be taken into account, though it will not override other factors.
How McCarty-Larson Can Help
At McCarty Larson, PLLC, our Texas family law attorneys have guided many families through the stepparent adoption process. We understand that you want to formalize the bond you have built with your stepchild, and we work to make the process as smooth as possible.
We can help you:
- Evaluate your situation and advise you on the best path forward
- Communicate with the other biological parent about consent
- Prepare and file all necessary legal documents
- Pursue termination of parental rights if consent is not available
- Represent you at all court hearings
- Handle name change requests as part of the adoption
- Obtain a new birth certificate after the adoption is finalized
Building a family through adoption is one of the most meaningful things you can do. We are honored to help families make it official.
Take the First Step
If you are ready to adopt your stepchild in Texas, we are ready to help. Contact McCarty Larson, PLLC, today for a free consultation. We will discuss your situation, explain the process, and help you take the next step toward making your family complete.
Frequently Asked Questions
It depends. If paternity was never established, the biological father may not have legal parental rights that need to be terminated. However, if he could potentially claim paternity, steps may need to be taken to address this. An attorney can evaluate your specific situation.
Once the affidavit of voluntary relinquishment is properly signed and filed, it is generally irrevocable. The biological parent cannot change their mind after signing, which is why the document must be signed voluntarily and with full understanding of its consequences.
It depends on the nature of your criminal history. Certain offenses, particularly those involving children or violence, may disqualify you. Other offenses may require additional court review. An attorney can advise you on how your record may affect the adoption.
While not legally required, hiring an attorney is strongly recommended. Adoption involves legal documents, court procedures, and potential complications that are difficult to navigate without legal training. An attorney ensures the process is done correctly.
Texas law does not require a specific length of marriage before stepparent adoption. However, courts do consider the stability of the family and your relationship with the child. A longer marriage and established relationship with the child strengthen your case.
No. Once the adoption is finalized and parental rights are terminated, the biological parent has no legal rights to the child, including no visitation rights. The adoption completely severs the legal parent-child relationship with the biological parent.