Frequently Asked Questions: Stepparent Adoption in Texas (2026 Guide)

The short answer: Texas makes stepparent adoption straightforward for a married stepparent, and in most cases the father never signs a consent and the judge approves the adoption anyway. In Texas, the other parent's rights are ended in the same case as the adoption, most often because he stopped supporting the child or stayed away. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. Here are the questions Texas families ask us most.

Can I Adopt My Stepchild in Texas If the Other Parent Won't Give Consent?

Yes, and it's the most common situation we help Texas families with. Texas handles it in a practical way: the request to end the other parent's rights is joined with your adoption petition, and the judge decides both in one case. Texas Family Code § 162.001(b)(1) allows an adoption when the other parent's rights "has been terminated or a suit for termination is joined with the suit for adoption." Your spouse, as the child's parent, simply joins your petition and doesn't sign a separate consent (§ 162.010(b)).

That's the real world in Texas courtrooms: the father doesn't sign anything, and the judge grants the adoption. About 80% of the stepparent adoptions we've completed went forward without the other parent's consent. If the other parent is actively fighting the adoption, that's a good time to talk to a local attorney, but most families never get there.

What Counts as Abandonment in Texas?

Texas lists the grounds for ending a parent's rights in Texas Family Code § 161.001(b)(1). The ones that fit most stepparent adoptions are about a parent who walked away and stopped supporting the child:

• Leaving without support for six months. The parent "voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months" (§ 161.001(b)(1)(C)).
• Not paying support for a year. The parent "failed to support the child in accordance with the parent's ability during a period of one year ending within six months of the date of the filing of the petition" (§ 161.001(b)(1)(F)).

Along with the ground, the judge finds that ending the parent's rights, and the adoption, are in your child's best interest (§§ 161.001(b)(2), 162.016(a)). For a stepchild who already lives with you and thinks of you as a parent, that's usually the easy part of the case.

What if he was never married to the mother?

Texas is even simpler when the father was never married to the child's mother and never legally established that he is the father. Under § 161.002(b), an "alleged father" can lose his rights if he's served and doesn't respond, or, for a child over one year old, if he never registered with the Texas paternity registry and can't be identified or found after a diligent search. Section 161.002(c-1) says that in those registry situations, no personal service or publication on him is required.

What if he agrees?

A willing parent signs an affidavit of relinquishment of his parental rights, which must be witnessed and verified (§ 161.103). This is usually the fastest Texas case.

What if he has passed away?

There are no rights to end. You file a certified copy of the death certificate with the petition.

What If I Don't Know Where the Other Parent Is?

That doesn't stop a Texas adoption. You make a real search for him: last known addresses, relatives, social media, phone numbers and public records, and you keep notes of what you tried. You then sign a sworn statement that his whereabouts are unknown despite due diligence, and the clerk issues citation by publication under Texas Rule of Civil Procedure 109. The judge reviews your search before granting the adoption, so your notes matter.

The court and clerk will tell you how notice is published in your county. If he doesn't respond, the case goes forward. In our experience, Texas courts handle these cases all the time. And as noted above, an alleged father who never registered with the paternity registry may not need publication at all.

How Much Does Stepparent Adoption Cost in Texas in 2026?

There are two parts to the cost:

• Document preparation. StepParent Adoption 360 prepares your complete Texas document package for $349 for the first child, plus $99 for each additional child.
• Court and related costs. The district clerk's filing fee, service of citation or publication, the criminal history report and certified copies are paid separately and vary by county. Your district clerk can give you the current fee schedule.

See the stepparent adoption cost guide for what's included and what courts charge.

How Long Does Stepparent Adoption Take in Texas?

Many uncontested adoptions finish within a few months. The county court calendar and any publication period set the pace. Two Texas rules shape the timeline:

• Six months of residence. The child must have lived with you for at least six months, but the court can waive that when it's in the child's best interest (§ 162.009).
• Notice to the other parent. A signed relinquishment moves fastest. Personal service or publication adds the response time your citation sets.

The hearing itself is usually short and happy. In our experience, many judges make a point of celebrating adoption day with the family.

Does My Stepchild Need to Consent in Texas?

Yes, if your stepchild is 12 or older. Texas Family Code § 162.010(c) says "a child 12 years of age or older must consent to the adoption in writing or in court," and the court may waive this if it would serve the child's best interest. A child 12 or older also attends the hearing, unless the court waives it (§ 162.014(b)). Younger children aren't required to consent, but many families bring them along for the big day.

In our experience, older children are usually proud to take part. If your child has mixed feelings, talking it through as a family before you file helps.

What Paperwork Do I Need for a Texas Stepparent Adoption?

The exact package depends on your county and your family's situation, but a Texas stepparent adoption commonly includes:

Is a Home Study Required in Texas?

Often not. Texas generally requires an "adoption evaluation," but Texas Family Code § 107.153(a-1) lets the court waive it in an uncontested adoption when the adoptive parent is the child's stepparent and the court has reviewed the state's investigative records and criminal history information on that stepparent. That's why the criminal history report is part of the package. Your court decides whether to grant the waiver.

Do We Have to Be Married?

For a stepparent adoption in Texas, yes. Texas Family Code § 162.001(b)(2) applies when the parent whose rights are not being ended "is presently the spouse of the petitioner." If you're not married to your partner, the stepparent route isn't available, and it's worth getting advice from a Texas family law attorney about your options. The Texas state guide covers the rules for married stepparents in more detail.

What Happens After the Judge Signs the Order?

• You're the child's legal parent, with the same rights and responsibilities as any parent. The other parent's rights and duties end, including the duty to pay child support going forward. If back support is still owed, Texas law decides whether it can still be collected.
• The name can change in the same order. Under § 162.016(c), "the name of the child may be changed in the order if requested."
• A new birth certificate. For a child born in Texas, the adoption information goes to the state's Vital Statistics office, which issues a new birth certificate.
• Records are confidential. Under § 162.022, the district clerk's records about the child after the adoption are confidential.

Frequently Asked Questions

Can I adopt my stepchild in Texas without the other parent's consent?

Yes. In Texas, the request to end the other parent's rights is joined with the adoption, and the judge decides both together. Common grounds are leaving the child without support for six months or not supporting the child for a year (Tex. Fam. Code § 161.001(b)(1)(C), (F)). About 80% of the stepparent adoptions we've completed went forward without the other parent's consent.

Do I need a lawyer to adopt my stepchild in Texas?

Texas doesn't require you to hire one for an uncontested stepparent adoption, and many families file on their own with prepared paperwork. If the other parent is actively fighting the adoption, talk to a Texas family law attorney.

At what age does my stepchild have to agree?

At 12. A child 12 or older must consent in writing or in court, and usually attends the hearing, though the court can waive either requirement in the child's best interest (Tex. Fam. Code §§ 162.010(c), 162.014(b)).

Can we change my stepchild's last name in the adoption?

Yes. Texas Family Code § 162.016(c) allows the child's name to be changed in the adoption order if you ask. Include the new name in your petition and proposed order.

Is a home study required for a Texas stepparent adoption?

Usually it can be waived. In an uncontested case, the court may waive the adoption evaluation for a stepparent after reviewing the state's records and the stepparent's criminal history (Tex. Fam. Code § 107.153(a-1)).

How much does a Texas stepparent adoption cost?

StepParent Adoption 360 prepares the documents for $349 for the first child plus $99 for each additional child. Court filing fees, service or publication and certified copies are separate and vary by county.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Texas Family Code §§ 107.153(a-1), 161.001(b)(1)(C) and (F), 161.001(b)(2), 161.002, 161.103, 162.001(b), 162.0085, 162.009, 162.010, 162.014, 162.016 and 162.022; Texas Rule of Civil Procedure 109; Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed adoptions without the other parent's consent) are from our own records.