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Can I adopt my stepchild if we recently moved to Texas?

3 min readHelping families since 2001Texas
In this answer · 2 sections

Yes, a recent move to Texas does not keep you from adopting your stepchild. Texas sets no minimum residency period for a stepparent adoption (Tex. Fam. Code § 162.009), so you do not have to wait a set number of months after you arrive before you start.

What this means for you:

  • You can begin preparing your paperwork right away instead of waiting out a residency clock.
  • Your petition is filed in a Texas District Court. Texas has 254 counties, and your county's District Court clerk can confirm the filing details for your situation, including which county is right for you and anything the court wants to know about how long you and your child have lived in Texas.
  • If you moved between states recently, or your family's living arrangements are unusual, check those details with the clerk or an attorney before you file.

Other parts of the process that matter:

  • Consent of the other parent: Whether the other biological parent must consent depends on the facts. Texas looks at abandonment under Tex. Fam. Code § 161.001. The abandonment period is six months of failing to support the child, or one year or more of failing to maintain contact. Occasional child support payments alone do not prevent an abandonment finding, because courts look at the whole relationship. If the other parent's role is contested or unknown, an attorney can advise you on that specific issue.
  • Your child's consent: A child who is 12 or older has a consent requirement under Tex. Fam. Code § 162.010.
  • Home study: Texas waives the home study in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)), which saves time and expense.
  • Timeline: Once you file, a stepparent adoption typically takes about 3 months.
  • Court costs: Court filing fees usually run $200-$500. The total typically comes to under $850, compared with $3,000-$5,000+ for many attorney-handled adoptions.
  • Birth certificate: After the adoption, your child's updated birth certificate is handled through the Texas Vital Statistics Unit. A name change can be included in the adoption process.

Why starting now helps: Moving is already a big change, and you may be gathering many documents at once. Collect your marriage certificate, your child's birth certificate, and any records about the other parent's involvement, such as support history and contact. Having these ready lets you file as soon as you feel prepared.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Texas county, which you then file yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 3,478 Texas families, and more than 34,000 families nationally since 2001.

Stepparent adoption in Texas at a glance

Court
District Court
Residency before filing
No minimum period
Typical timeline
3 months
Court filing fee
$200-$500
Child must consent at age
12
Home study
Usually waived for stepparents
Texas families we've helped
3,478

Full Texas guide →

Turn what you learn into your next step

01Understand your situation

Start with this answer and the related questions below.

02Check the state rules

Use official sources and confirm local filing details with the court.

03Prepare with confidence

Save your answers in the portal or call our team for document help.

Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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