Can I adopt my stepchild who was born in another country in Texas?

Yes. In Texas, you can ask a District Court to approve your adoption of a stepchild who was born in another country, and the Texas stepparent adoption steps below apply. Under Tex. Fam. Code § 162.001, an adult may petition to adopt a child, subject to the standing requirements in Chapter 102. A foreign birth adds a few document questions, which are covered further down.

The Texas steps that apply:

• Court: You file your petition in the District Court in your county.
• Home study: It is waived in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)).
• Your stepchild's consent: A child who is 12 or older gives consent (Tex. Fam. Code § 162.010).
• Timeline: A stepparent adoption takes about 3 months.
• Name change: It is included in the adoption process.
• Filing fee: Court filing fees run about $200-$500, depending on the county.

The other biological parent: Where the child was born does not change the question of the other parent's role. Either that parent consents, or the court looks at whether the parent has abandoned the child. Under Tex. Fam. Code § 161.001, that means failing to support the child for at least six months, or failing to maintain contact for one year or more. Occasional child support payments or token contact do not automatically prevent an abandonment finding, because courts look at the whole relationship, including emotional support and overall involvement.

If the other parent lives abroad, cannot be found, or might object, the outcome depends on your facts. Ask the District Court clerk in your county or an attorney about that specific issue.

Details specific to a foreign-born child:

• Birth certificate: Gather the child's foreign birth certificate. The District Court clerk in your county can confirm whether the court wants an English translation or other supporting papers.
• New birth record: After the adoption, the Texas Vital Statistics Unit handles Texas birth records. Ask them whether a new certificate can be issued for a child born abroad. Your adoption order is the court's legal record of the adoption.
• Immigration and citizenship: If your stepchild's citizenship or immigration status is part of your reasons for adopting, talk to an immigration attorney. That is a separate legal question from the Texas adoption.