Can both my spouse and I adopt each other's children from prior relationships in Texas?

Yes. In Texas, an adult may petition to adopt a child (Tex. Fam. Code § 162.001), so you can each file a stepparent adoption in District Court for the other's child. Each child's adoption is its own case with its own facts, so the details below apply to each one separately.

How it works:

• You adopt your spouse's child, and your spouse adopts yours. Each is a stepparent adoption.
• Both petitions go to the District Court in your county. Texas has 254 counties, so whether your clerk wants the petitions filed together or one after the other is something the District Court clerk in your county can confirm.
• The stepparent adoption timeline in Texas is about 3 months.

What each adoption involves:

• The other biological parent. Each child has a different other parent, so you will deal with two separate situations. Under Tex. Fam. Code § 161.001, abandonment can apply when a parent has failed to support the child for at least six months, or has failed to maintain contact for one year or more. Occasional child support payments alone don't prevent an abandonment finding, and token contact doesn't either. If a parent is contesting, hard to locate or unknown, ask the District Court clerk or an attorney about that specific situation.
• Child consent. Texas sets the child consent age at 12 (Tex. Fam. Code § 162.010). If a child in your family is 12 or older, that child's consent is part of that child's adoption.
• Home study. Texas waives the home study in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)), which helps keep two adoptions manageable.

What it means for your family:

• Each adoption gives the adopting stepparent full parental rights and responsibilities for that child.
• Children gain inheritance rights from the adopting stepparent.
• The adopting parent gains medical decision-making authority.
• Children can qualify for Social Security and insurance benefits through the adopting parent.
• A name change can be included in the adoption process.

Costs to expect: Court filing fees in Texas generally run $200-$500. Because you are filing two adoptions, ask your District Court clerk whether the fees are charged per petition or per case. An attorney for a stepparent adoption often costs $3,000-$5,000+.

When to get individualized help: If either child's other parent is likely to object, or you are unsure whether a parent's rights have already been ended, a family law attorney can advise you on that point.