Stepparent Adoption in Texas: Complete 2026 Guide

The short answer: in Texas, a stepparent files a suit asking the court to end the other parent's rights and grant the adoption in the same case. Texas law gives a stepparent standing to file exactly that (Tex. Fam. Code § 102.005). The other parent's signature is often not needed. If he left the child without adequate support and stayed away for at least six months, or didn't support the child as he was able for a year, the court can terminate his rights and grant your adoption (Tex. Fam. Code § 161.001). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. The father never signed, and the judge approved the adoption anyway.

What Are the Requirements for Stepparent Adoption in Texas?

• You're married to the child's parent. Texas lets a child be adopted when the parent whose rights aren't being terminated "is presently the spouse of the petitioner and the proceeding is for a stepparent adoption" (Tex. Fam. Code § 162.001(b)(2)). Your spouse joins the petition and doesn't sign a separate consent (§ 162.010(b)).
• The child has lived with you at least six months. The court may waive this when it's in the child's best interest (§ 162.009).
• A criminal history check. The court orders each person adopting to obtain his or her own criminal history record information (§ 162.0085).
• The child's consent at 12. A child 12 or older must consent in writing or in court, unless the court waives it in the child's best interest (§ 162.010(c)).

You can file in the county where the child lives or the county where you live, even if another court made the earlier custody orders (Tex. Fam. Code § 103.001(b)).

What if we're not married?

The Texas stepparent route depends on marriage to the child's parent. If you're not married, talk with a Texas family law attorney about your options before filing. Other states' rules are in our state guides.

Does the Other Parent Have to Agree?

No, not in many cases. Texas handles this with a termination request joined to your adoption (§ 162.001(b)(1)). The court can terminate a parent's rights if it finds, by clear and convincing evidence, one of the grounds in Tex. Fam. Code § 161.001(b)(1). For stepfamilies, these come up most:

The court also makes a separate finding that ending his rights is in the child's best interest, and another that the adoption is (§ 162.016(a)). When a parent has simply walked away, that's usually the easy part of the case.

That's the real world in Texas family courts: the father never signs a thing, and the judge grants the adoption.

When the other parent agrees

He can sign an affidavit of voluntary relinquishment of parental rights. Texas requires it to be signed by the parent, witnessed by two credible people, and verified before someone authorized to take oaths (§ 161.103(a)), and it must contain the information the statute lists. A man who isn't a legal father can instead sign an affidavit of waiver of interest in the child (§ 161.106).

When the father was never legally established

Texas has separate, simpler rules for an "alleged father." For example, his rights can be terminated if he's served and doesn't respond by filing an admission or claim of paternity (§ 161.002(b)(1)). If the child is over one, he never registered with the paternity registry, and you can't identify or find him after due diligence, that's another ground (§ 161.002(b)(2)).

When the other parent has died

Texas allows adoption once each living parent's rights are terminated or a termination suit is joined (§ 162.001(b)(1)). A deceased parent has no rights to terminate; bring a certified death certificate.

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

That's common, and it doesn't stop the adoption. In a Texas family case, citation can be served by publication on a person who can't be notified by personal service or registered or certified mail. It's published on the state's public information website and in a newspaper in the county where you filed, at least 20 days before the hearing (Tex. Fam. Code § 102.010). The statute even sets out the wording of the notice.

Before asking for publication, make a real search: last known addresses, relatives, social media, phone numbers, public records. Keep a dated record of each step. If he doesn't answer, the case moves forward.

Step 1: Gather Your Documents

Step 2: File the Petition

File an original suit asking for termination of the other parent's rights joined with your adoption, in the county where your child or you live (§§ 102.005, 103.001(b)). The petition is verified, and Chapter 162 lists statements it must contain (§ 162.002). Ask your county's clerk which court hears family cases, the current filing fees and how many copies to bring.

Step 3: Serve the Other Parent

Have him personally served, file his signed affidavit, or, if you can't find him, ask the court for citation by publication under § 102.010. The published citation tells him he has until the Monday after 20 days to answer, or a default judgment may be taken.

Step 4: Background Check and Adoption Evaluation

Texas normally requires an adoption evaluation (§ 162.003). In an uncontested stepparent adoption, the court may waive the evaluation after it reviews Department of Family and Protective Services records and criminal history information about you (Tex. Fam. Code § 107.153(a-1)). Get your criminal history check started early so the judge has it at the hearing.

Step 5: The Final Hearing

You and your spouse attend; if it would be unduly difficult for one of you to appear, the court may excuse that spouse when the other is present (§ 162.014(a)). A child 12 or older attends too, unless the court waives it (§ 162.014(b)). The judge signs one order that terminates the other parent's rights and grants the adoption at the same time (§ 162.016(a)). The order can also change your child's name if you ask (§ 162.016(c)).

If the other parent shows up and actively fights the case, it becomes contested. That's the time to talk with a local attorney.

Step 6: After the Adoption

The adoption order creates the parent-child relationship between you and your child "for all purposes," and your child inherits from and through you as a biological child would (Tex. Fam. Code § 162.017). The other parent's duty to pay child support going forward ends (Child Welfare Information Gateway). Whether back support already owed can still be collected depends on Texas law and your support order.

Then request a new birth certificate from the vital records office in the state where your child was born, and update Social Security, school, medical and insurance records and your estate plan.

How Much Does It Cost in Texas?

Item	What to expect
Document preparation (StepParent Adoption 360)	$349 for the first child, $99 for each additional child
Court filing fees	Set by county; ask the clerk
Service of citation	A fee for whoever serves him, or none if he signs an affidavit
Publication	Only if he can't be found
Criminal history check	Required for each person adopting
Adoption evaluation	Often waived in uncontested stepparent cases (§ 107.153(a-1))

See our stepparent adoption cost guide and the Texas state guide.

How Long Does It Take?

Many uncontested adoptions finish within a few months. Your county's court calendar sets the pace, along with the six-month residence requirement (unless waived), how quickly the other parent is served, and, if needed, the publication period.

Frequently Asked Questions

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

Yes. If grounds under Tex. Fam. Code § 161.001(b)(1) exist, such as leaving the child without adequate support for six months, or a year of not supporting the child as he was able, the court can terminate his rights in the same case as your adoption. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other parent's consent; the father never signed, and the judge approved the adoption anyway.

What if I can't find the other parent?

After a diligent search, the court can allow citation by publication on the state's public information website and in a local newspaper, at least 20 days before the hearing (Tex. Fam. Code § 102.010). If he doesn't answer, the case moves forward.

Does my stepchild have to agree?

If your stepchild is 12 or older, yes, in writing or in court, unless the court waives it in the child's best interest (Tex. Fam. Code § 162.010(c)). A child that age also attends the hearing unless excused (§ 162.014(b)).

Is a home study required for a stepparent adoption in Texas?

Not always. In an uncontested stepparent adoption, the court may waive the adoption evaluation after reviewing DFPS records and your criminal history (Tex. Fam. Code § 107.153(a-1)).

How long must my stepchild live with me first?

Six months, though the court may waive that if it's in the child's best interest (Tex. Fam. Code § 162.009).

Can I file in my own county?

Yes. An adoption suit may be filed in the county where the child lives or where the petitioners live, even if another court issued the earlier custody orders (Tex. Fam. Code § 103.001(b)).

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 §§ 102.005, 102.010, 103.001, 107.153, 161.001, 161.002, 161.103, 161.106, 162.001, 162.002, 162.003, 162.0085, 162.009, 162.010, 162.014, 162.016 and 162.017 (Texas Legislature); Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.