Can I adopt my stepchild who is a newborn or infant in Texas?

Yes. You can petition for a stepparent adoption of a stepchild who is a newborn or infant in Texas, because an adult may petition to adopt a child (Tex. Fam. Code § 162.001). With a very young baby, the timing usually depends on the other parent's consent or on whether the abandonment grounds apply.

Where you file: Your petition goes to the District Court in your county. This is true in all 254 Texas counties, including Houston, San Antonio, Dallas, Austin and Fort Worth.

Residency: Texas sets no minimum residency period before you can file (Tex. Fam. Code § 162.009). Your District Court clerk can confirm how this applies to your situation.

Consent and the other parent: This is usually the biggest question with a newborn.

• If the other parent is willing, their consent is the most straightforward route.
• If the other parent is not involved, the case may rest on the termination grounds in Tex. Fam. Code § 161.001. Those grounds include failing to support the child for at least six months, or failing to maintain contact for one year or more.
• With a baby just a few weeks or months old, those periods may not have run yet. Whether they have depends on the facts, so ask the District Court clerk or an attorney about your case.
• Occasional child support payments or token contact do not by themselves prevent an abandonment finding. Courts look at the whole relationship.
• If the other parent is unknown or the case is contested, talk to an attorney about that specific issue.

Child's consent: Texas requires a child's consent at age 12 (Tex. Fam. Code § 162.010). An infant is far younger than that, so the child's consent is not part of your case.

Home study: Texas waives the home study in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)), which removes one step that can slow things down.

Why families file early: Adoption gives you full parental rights and responsibilities, including medical decision-making authority. It also gives your child inheritance rights from you, access to Social Security and insurance benefits, and a name change as part of the process. For updated birth records, the Texas Vital Statistics Unit is the agency involved, and the clerk can explain the steps after your decree.

Timeline and cost: A stepparent adoption in Texas typically takes about 3 months. Court filing fees run $200-$500, and a typical total is under $850, compared with $3,000-$5,000+ when hiring an attorney.