Can a same-sex stepparent adopt in Texas?

Yes, a same-sex stepparent can petition to adopt a stepchild in Texas. The adoption statute says "an adult may petition to adopt a child" (Tex. Fam. Code § 162.001(a)), and the steps below are the ones every Texas stepparent follows. Whether you are a wife adopting your wife's child or a husband adopting your husband's child, you file in the same court and meet the same requirements.

Where you file: The petition goes to the District Court in your county. Texas has 254 counties, and the process is the same in Houston, San Antonio, Dallas, Austin, Fort Worth and everywhere else.

What the process looks like:

• Residency: Texas sets no minimum residency period before you file (Tex. Fam. Code § 162.009).
• Child's consent: If your child is 12 or older, the child's consent is part of the process (Tex. Fam. Code § 162.010).
• Home study: Texas waives the home study for stepparent adoptions (Tex. Fam. Code § 107.153(a-1)).
• Timeline: A stepparent adoption in Texas typically takes about 3 months.
• Court filing fee: Filing fees generally run $200-$500, depending on your county.

The other legal parent: Many same-sex stepparent situations turn on who the child's other legal parent is and whether that person will consent. If the other parent will not consent, the question may become whether the abandonment ground in Tex. Fam. Code § 161.001 applies. Texas uses a six-month period there. Occasional child support does not by itself settle that question, and token contact does not prevent an abandonment finding. Contested cases depend heavily on the facts, so if the other parent will not agree, or if you are unsure who the child's legal parents are, talk to an attorney about that specific issue.

Marriage and unmarried couples: Texas recognizes common-law marriage if the legal requirements are met.