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Step-parent Adoption in Texas

Adopting a child is a life-changing event for both the child and the adoptive parents. Step-parent adoption is a type of adoption that occurs when a step-parent adopts their spouse’s child. In Texas, step-parent adoption is governed by the Texas Family Code, which outlines the requirements and procedures for adopting a child.

Basic Requirements for Stepparent Adoption in Texas

Before a step-parent can adopt their spouse’s child in Texas, they must meet the following requirements:

  1. The step-parent must be married to the child’s parent.

  2. The child’s other biological parent must either be deceased, have had their parental rights terminated, or consent to the adoption, or the suit for adoption is joined with a suit for termination.

If the other biological parent is still alive and will not consent to the termination/adoption, generally, involuntary termination of parental rights can occur if the biological parent has abandoned the child, engaged in criminal conduct, or is deemed unfit by the court.

Step-parent Adoption Procedure in Texas

The step-parent adoption procedure in Texas involves several steps, including:

  1. Filing a petition for adoption: The step-parent must file a petition for adoption with the court with their spouse. The attorney handling your matter may need the following documentation: the child’s birth certificate, the step-parent’s marriage certificate, and the biological parent’s consent or proof of termination of parental rights.

  2. Background checks and home study: The court will order background checks and a home study to ensure that the adoption is in the child’s best interest. The home study includes a visit to the step-parent’s home and interviews with the step-parent, the parent, the child, and other members of the household.

  3. Attend a hearing: The step-parent , parent, and the child must attend a hearing in front of a judge. The judge will ask questions to ensure that the step-parent is capable of providing a stable and loving home for the child.

  4. Finalization of the adoption: If the judge determines that the adoption is in the child’s best interest, they will issue a final order of adoption. The step-parent will then become the child’s legal parent with all the rights and responsibilities that come with it.

Benefits of Step-parent Adoption

Step-parent adoption has several benefits, including:

  1. Legal recognition of the parent-child relationship.

  2. Inheritance rights for the child

  3. Medical benefits for the child

  4. Name change of the child

Step-parent adoption in Texas can be a complex and emotional process, but it can provide a sense of security and stability for both the child and the step-parent. If you are considering step-parent adoption, it is important to consult with an experienced family law attorney to ensure that you meet all the legal requirements and understand the process.


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