Can a step-grandparent adopt a grandchild in Texas?

A step-grandparent may be able to adopt a grandchild in Texas, but it depends on your family's facts. Texas lets an adult petition to adopt a child (Tex. Fam. Code § 162.001(a)), subject to standing requirements. Whether a step-grandparent has standing in your situation is something the District Court clerk in your county or a family law attorney should confirm before you file.

Step-grandparent or stepparent? The path depends on who you are married to.

• Married to the child's parent: You are a stepparent, not a step-grandparent, and the stepparent adoption process applies. Texas waives the home study for stepparent adoptions (Tex. Fam. Code § 107.153(a-1)), and the typical timeline is 3 months.
• Married to the child's grandparent: Your situation is different, and the stepparent rules may not apply. Ask the clerk or an attorney whether you have standing and whether a home study is required in your case.

What the court looks at. Adoption petitions are filed in the District Court. Parental rights of any legal parent whose rights have not already ended must be addressed. One ground for termination is abandonment, which Texas law ties to six months of failure to support the child, or one year or more of failing to maintain contact (Tex. Fam. Code § 161.001). Whether that applies to a parent in your family is a fact-specific question for the court, so a contested case or a parent whose whereabouts are unknown calls for an attorney's advice.

Consent from an older child. Texas sets the child consent age at 12 (Tex. Fam. Code § 162.010). If your grandchild is 12 or older, plan for that consent to be part of the process.

If your grandchild is an adult. Texas allows adult adoption, which is simpler:

• The petitioner must be an adult residing in Texas (Tex. Fam. Code § 162.501).
• The adult adoptee must give written consent (Tex. Fam. Code § 162.504).
• A married petitioner's spouse must join the petition (Tex. Fam. Code §