Can a stepparent adopt without the father's permission in Texas?

Yes — and this is how the majority of stepparent adoptions work. Over 80% of the 34,000+ families we've helped completed their adoption without the biological father's permission.

How this is possible in Texas:

The law does not give an absent parent an absolute veto over adoption. Under Tex. Fam. Code § 161.001, if the biological father has had no meaningful contact with the child for 6 months or more, the District Court can terminate his parental rights based on abandonment.

"Meaningful contact" means:

• Regular visits with the child
• Consistent phone calls or communication
• Active participation in the child's life and decisions

What does NOT count as meaningful contact:

• Paying child support (financial obligation, not relationship)
• Sending one birthday card
• An occasional text to your spouse (not to the child)
• Social media posts about "missing" the child

The process:

1. We prepare an abandonment affidavit documenting the father's absence
2. He is served with the adoption petition (at his address, or by publication if unknown)
3. He has a set period to respond — most absent fathers do not respond
4. The court finds abandonment and approves the adoption

Cost: $349 | Timeline: 3 months | Start at stepparentadoption360.com/portal/register