Are there any special requirements for adoption in Texas?

Yes, Texas has a few requirements that are specific to it, though the process is more manageable than many parents expect. Here is what to know if you are a stepparent adopting in Texas.

Where you file. Your case is filed in a District Court in your county. Texas has 254 counties, and each court's local forms and procedures can differ slightly, so your paperwork should be prepared for your specific county.

Residency. Texas has no minimum residency period for this kind of adoption (Tex. Fam. Code § 162.009). Your District Court clerk can confirm any local filing details.

Child's consent. If your stepchild is 12 or older, the child's consent is part of the process (Tex. Fam. Code § 162.010). Younger children are not asked to consent.

Home study. For stepparent adoptions, the home study is waived (Tex. Fam. Code § 107.153(a-1)). You do not need to schedule a caseworker's visit to your home.

The other legal parent. This is the part that depends most on your situation. Texas uses a six-month abandonment period as a ground for ending a parent's rights (Tex. Fam. Code § 161.001). A few related points:

• Termination is not handled as a separate step in the process.
• Occasional child support payments do not, on their own, prevent an abandonment finding. Courts look at the whole relationship, including emotional support and overall involvement.
• Token contact does not prevent an abandonment finding either.
• If the other parent is involved, contests the adoption, or cannot be located, the outcome depends on the facts. Talk to the District Court clerk or an attorney about that specific issue.

Marriage. Texas recognizes common-law marriage if the legal requirements are met. If you and your spouse are not formally married, check with the clerk or an attorney about whether your relationship qualifies.

Timeline. A stepparent adoption in Texas typically takes about 3 months.

Cost. Court filing fees usually run $200-$500, and the typical total cost is under $850. Hiring an attorney commonly runs $3,000-$5,000+.

What the adoption gives your family:

• Full