Can I adopt my stepchild if I'm in a same-sex marriage in Texas?

Yes, as a married stepparent in Texas you can petition a District Court to adopt your stepchild. Texas law says "an adult may petition to adopt a child" (Tex. Fam. Code § 162.001(a)), and the steps below are the Texas steps we prepare for stepparent adoptions. If your family's situation has unusual facts, the District Court clerk or an attorney can confirm how they apply to you.

Where you file: Your petition goes to the District Court in your county. Texas has 254 counties, and the paperwork is tailored to the county where you file.

What the process looks like:

• Marriage: Your adoption is built on your marriage to your stepchild's parent. Texas also recognizes common-law marriage when the legal requirements are met, so ask the clerk if that applies to you.
• Residency: Texas sets no minimum residency period for filing (Tex. Fam. Code § 162.009).
• Child's consent: If your stepchild is 12 or older, the child's consent is part of the process (Tex. Fam. Code § 162.010).
• The other parent: Consent from the other legal parent is the usual route. If that parent has abandoned the child, the abandonment period in Texas is six months (Tex. Fam. Code § 161.001). Occasional child support or token contact does not by itself settle that question, because courts look at the whole relationship.
• Home study: It is waived in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)).
• Name change: It can be included in the adoption process.

Facts that depend on your situation: If the other parent is unknown, if the other parent objects, or if your stepchild already has legal parents beyond your spouse, the outcome depends on your specific facts. Talk to the District Court clerk in your county or to an attorney about that issue before you file.

Timeline and cost: A stepparent adoption in Texas typically takes about 3 months. Court filing fees generally run $200-$500, and the total typical cost is under $850.