Can an elderly stepparent adopt in Texas?

Yes. In Texas, an adult may petition to adopt (Tex. Fam. Code § 162.001(a)), so an older stepparent can pursue adoption. The Texas adult-adoption provisions name no age cutoff for the person adopting. If you wonder how age might come up in your own case, the District Court clerk in your county can confirm.

If your stepchild is a minor

• The case is filed in District Court.
• A child who is 12 or older has a consent role (Tex. Fam. Code § 162.010).
• If the other biological parent will not consent, the case may turn on abandonment. Tex. Fam. Code § 161.001 uses a 6-month period. Contested situations depend on the facts, so an attorney can advise on yours.
• The home study is waived for stepparent adoptions (Tex. Fam. Code § 107.153(a-1)).
• A stepparent adoption typically takes about 3 months.

If your stepchild is an adult (18 or older)

This is often the route for an older stepparent who wants to formalize a long-standing bond. It is also usually faster, at about 4-8 weeks.

• Who may file: the adopting adult must be residing in Texas (Tex. Fam. Code § 162.501). Texas states no residency requirement for the adoptee.
• Where: a District Court, or a statutory county court with family-law jurisdiction, in the county where the petitioner lives (Tex. Fam. Code § 162.502).
• Petition title: it must read "In the Interest of ____, An Adult" (Tex. Fam. Code § 162.503).
• If you are married: your spouse must join the petition (Tex. Fam. Code § 162.503). The court may grant the adoption to only one spouse on request (Tex. Fam. Code § 162.506).
• Consent: the adult being adopted must give written consent (Tex. Fam. Code § 162.504). The adult-adoption provisions do not require the biological parents' consent.
• Hearing: a hearing is required, and the petitioner and the adult adoptee must attend. For good cause, the court may waive attendance by written order (Tex. Fam. Code § 162.505).
• Home study: the adult-adoption provisions do not address one. The court clerk can confirm whether anything applies in your county.

Inheritance and family ties

Adoption can matter more as families age, because it creates a legal parent-child relationship. For an adult adoption, Texas says the adopted adult cannot inherit from or through biological parents (Tex. Fam. Code § 162.507). Think about that before you file. An attorney can walk you through estate planning questions specific to your family.

Cost of filing