You adopt your stepchild in Texas by filing a petition for stepparent adoption with the District Court in your county, getting the required consents or an abandonment finding for the other legal parent, and attending the court process through to a final decree. Texas has 254 counties, and each family files in its own.
Who can start: Under Tex. Fam. Code § 162.001, an adult may petition to adopt a child. If your marriage is a common-law marriage, Texas recognizes it when the legal requirements are met. Ask the District Court clerk how to show that your situation qualifies.
Residency: Under Tex. Fam. Code § 162.009, Texas has no minimum residency period you must wait out before filing.
Consent: Consent is where your situation matters most.
- The child: The consent age is 12 under Tex. Fam. Code § 162.010, so an older child's consent is part of the process.
- The other parent: Texas courts routinely approve adoptions without the other parent's consent when that parent has failed to maintain meaningful contact or support the child.
- Abandonment: The abandonment period is six months under Tex. Fam. Code § 161.001. Occasional child support payments alone don't prevent an abandonment finding, and neither does token contact. Courts look at the whole relationship, including emotional support and involvement.
- Termination: Termination of the other parent's rights is not a separate step in Texas. It is handled within the adoption case.
If the other parent objects, can't be found, or the facts are unclear, the outcome depends on your specific circumstances. The District Court clerk or a family-law attorney can advise you on that issue.
Home study: A home study is waived for stepparent adoptions in Texas under Tex. Fam. Code § 107.153(a-1). That removes a step that often adds time and cost elsewhere.
Timeline: A stepparent adoption in Texas typically takes about 3 months. Your county's court calendar can affect this, and the clerk can tell you what to expect locally.
Cost: Court filing fees generally run $200-$
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
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